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 co-
caine 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 Fed-
eral 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 con-
ditional 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 certifi-
cation. 
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 pro-
visions. 
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. 
DIVISION 
A—SENTENCING 
RE-
FORM: ENDING MASS INCAR-
CERATION 
TITLE 
I—ELIMINATION 
OF 
CRACK 
COCAINE 
SENTENC-
ING DISPARITY 
SEC. 101. ELIMINATION OF INCREASED PENALTIES FOR CO-
CAINE OFFENSES WHERE THE COCAINE IN-
VOLVED IS COCAINE BASE. 
(a) CONTROLLED SUBSTANCES ACT.—The following 
provisions of the Controlled Substances Act (21 U.S.C. 
801 et seq.) are repealed: 
(1) Clause (iii) of section 401(b)(1)(A). 
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(2) Clause (iii) of section 401(b)(1)(B). 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—The following provisions of the Controlled Sub-
stances Import and Export Act (21 U.S.C. 951 et seq.) 
are repealed: 
(1) Subparagraph (C) of section 1010(b)(1). 
(2) Subparagraph (C) of section 1010(b)(2). 
(c) APPLICABILITY TO PENDING AND PAST CASES.— 
(1) PENDING
CASES.—This section, and the 
amendments made by this section, shall apply to any 
offense that was committed before the date of enact-
ment of this Act, if a sentence for the offense has 
not been imposed as of such date of enactment. 
(2) PAST CASES.—In the case of a defendant 
who, before the date of enactment of this Act, was 
convicted of an offense for which the penalty is 
amended by this section and was sentenced to a 
term of imprisonment for the offense, the sentencing 
court may, on motion of the defendant or the Direc-
tor of the Bureau of Prisons, or on its own motion, 
reduce the term of imprisonment for the offense, 
after considering the factors set forth in section 
3553(a) of title 18, United States Code, to the ex-
tent the factors are applicable, if such a reduction 
is consistent with— 
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(A) this section and the amendments made 
by this section; and 
(B) applicable policy statements issued by 
the United States Sentencing Commission. 
TITLE II—MARIJUANA JUSTICE 
ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Marijuana Justice Act 
of 2019’’. 
SEC. 202. DE-SCHEDULING MARIHUANA. 
(a) MARIHUANA REMOVED FROM SCHEDULE
OF 
CONTROLLED SUBSTANCES.—Subsection (c) of schedule 
I of section 202(c) of the Controlled Substances Act (21 
U.S.C. 812) is amended— 
(1) by striking ‘‘marihuana’’; and 
(2) by striking ‘‘tetrahydrocannabinols’’. 
(b) REMOVAL OF PROHIBITION ON IMPORT AND EX-
PORT.—Section 1010(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 960) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (F), by inserting ‘‘or’’ 
after the semicolon; 
(B) by striking subparagraph (G); and 
(C) by redesignating subparagraph (H) as 
subparagraph (G); 
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(2) in paragraph (2)— 
(A) in subparagraph (F), by inserting ‘‘or’’ 
after the semicolon; 
(B) by striking subparagraph (G); and 
(C) by redesignating subparagraph (H) as 
subparagraph (G); 
(3) in paragraph (3), by striking ‘‘paragraphs 
(1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 
(2)’’; 
(4) by striking paragraph (4); and 
(5) by redesignating paragraphs (5), (6), and 
(7) as paragraphs (4), (5), and (6), respectively. 
(c) CONFORMING AMENDMENTS
TO CONTROLLED 
SUBSTANCES ACT.—The Controlled Substances Act (21 
U.S.C. 801 et seq.) is amended— 
(1) in section 102(44) (21 U.S.C. 802(44)), by 
striking ‘‘marihuana,’’; 
(2) in section 401(b) (21 U.S.C. 841(b))— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in clause (vi), by inserting 
‘‘or’’ after the semicolon; 
(II) by striking (vii); and 
(III) 
by 
redesignating 
clause 
(viii) as clause (vii); 
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(ii) in subparagraph (B)— 
(I) by striking clause (vii); and 
(II) by redesignating clause (viii) 
as clause (vii); 
(iii) in subparagraph (C), in the first 
sentence, by striking ‘‘subparagraphs (A), 
(B), and (D)’’ and inserting ‘‘subpara-
graphs (A) and (B)’’; 
(iv) by striking subparagraph (D); 
(v) by redesignating subparagraph (E) 
as subparagraph (D); and 
(vi) in subparagraph (D)(i), as so re-
designated, by striking ‘‘subparagraphs (C) 
and (D)’’ and inserting ‘‘subparagraph 
(C)’’; 
(B) by striking paragraph (4); and 
(C) by redesignating paragraphs (5), (6), 
and (7) as paragraphs (4), (5), and (6), respec-
tively; 
(3) 
in 
section 
402(c)(2)(B) 
(21 
U.S.C. 
842(c)(2)(B)), by striking ‘‘, marihuana,’’; 
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 
by striking ‘‘, marihuana,’’; 
(5) in section 418(a) (21 U.S.C. 859(a)), by 
striking the last sentence; 
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(6) in section 419(a) (21 U.S.C. 860(a)), by 
striking the last sentence; 
(7) in section 422(d) (21 U.S.C. 863(d))— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘marijuana,’’; and 
(B) in paragraph (5), by striking ‘‘, such 
as a marihuana cigarette,’’; and 
(8) in section 516(d) (21 U.S.C. 886(d)), by 
striking ‘‘section 401(b)(6)’’ each place the term ap-
pears and inserting ‘‘section 401(b)(5)’’. 
(d) OTHER CONFORMING AMENDMENTS.— 
(1) NATIONAL FOREST SYSTEM DRUG CONTROL 
ACT OF 1986.—The National Forest System Drug 
Control Act of 1986 (16 U.S.C. 559b et seq.) is 
amended— 
(A) in section 15002(a) (16 U.S.C. 
559b(a)) by striking ‘‘marijuana and other’’; 
(B) in section 15003(2) (16 U.S.C. 
559c(2)) by striking ‘‘marijuana and other’’; 
and 
(C) in section 15004(2) (16 U.S.C. 
559d(2)) by striking ‘‘marijuana and other’’. 
(2) INTERCEPTION OF COMMUNICATIONS.—Sec-
tion 2516 of title 18, United States Code, is amend-
ed— 
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(A) in subsection (1)(e), by striking ‘‘mari-
huana,’’; and 
(B) in subsection (2) by striking ‘‘mari-
huana,’’. 
SEC. 203. INELIGIBILITY FOR CERTAIN FUNDS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘covered State’’ means a State 
that has not enacted a statute legalizing marijuana 
in the State; 
(2) the term ‘‘disproportionate arrest rate’’ 
means— 
(A) the percentage of minority individuals 
arrested for a marijuana related offense in a 
State is higher than the percentage of the non- 
minority individual population of the State, as 
determined by the most recent census data; or 
(B) the percentage of low-income individ-
uals arrested for a marijuana offense in a State 
is higher than the percentage of the population 
of the State that are not low-income individ-
uals, as determined by the most recent census 
data; 
(3) the term ‘‘disproportionate incarceration 
rate’’ means the percentage of minority individuals 
incarcerated for a marijuana related offense in a 
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State is higher than the percentage of the non-mi-
nority individual population of the State, as deter-
mined by the most recent census data; 
(4) the term ‘‘low-income individual’’ means an 
individual whose taxable income (as defined in sec-
tion 63 of the Internal Revenue Code of 1986) is 
equal to or below the maximum dollar amount for 
the 15 percent rate bracket applicable to the indi-
vidual under section 1 of the Internal Revenue Code 
of 1986; 
(5) the term ‘‘marijuana’’ has the meaning 
given the term ‘‘marihuana’’ in section 102 of the 
Controlled Substances Act (21 U.S.C. 802); and 
(6) the term ‘‘minority individual’’ means an in-
dividual who is a member of a racial or ethnic mi-
nority group. 
(b) INELIGIBILITY FOR CERTAIN FUNDS.— 
(1) IN GENERAL.—For any fiscal year begin-
ning after the date of enactment of this Act in which 
the Attorney General, acting through the Director of 
the Bureau of Justice Assistance, determines that a 
covered State has a disproportionate arrest rate or 
a disproportionate incarceration rate for marijuana 
offenses, the covered State— 
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(A) shall not be eligible to receive any Fed-
eral funds for the construction or staffing of a 
prison or jail; and 
(B) shall be subject to not more than a 10- 
percent reduction of the funds that would oth-
erwise be allocated for that fiscal year to the 
covered State under subpart 1 of part E of title 
I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 3750 et seq.), 
whether characterized as the Edward Byrne 
Memorial State and Local Law Enforcement 
Assistance Programs, the Local Government 
Law Enforcement Block Grants Program, the 
Edward Byrne Memorial Justice Assistance 
Grant Program, or otherwise. 
(2) FUNDS FOR CERTAIN PROGRAMMING.—For 
purposes of paragraph (1)(A), Federal funds for the 
construction or staffing of a prison or jail shall not 
include Federal funds used by a prison or jail to 
carry out recidivism reduction programming or drug 
addiction treatment. 
(3) REALLOCATION.—Any amounts not award-
ed to a covered State because of a determination 
under paragraph (1) shall be deposited in the Com-
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munity Reinvestment Fund established under section 
104. 
(c) EXPUNGEMENT OF MARIJUANA OFFENSE CON-
VICTIONS.—Each Federal court shall issue an order 
expunging each conviction for a marijuana use or posses-
sion offense entered by the court before the date of enact-
ment of this Act. 
(d) SENTENCING REVIEW.— 
(1) IN GENERAL.—For any individual who was 
sentenced to a term of imprisonment for a Federal 
criminal offense involving marijuana before the date 
of enactment of this Act and is still serving such 
term of imprisonment, the court that imposed the 
sentence, shall, on motion of the individual, the Di-
rector of the Bureau of Prisons, the attorney for the 
Government, or the court, conduct a sentencing 
hearing. 
(2) POTENTIAL
REDUCED
RESENTENCING.— 
After a sentencing hearing under paragraph (1), a 
court may impose a sentence on the individual as if 
this title, and the amendments made by this title, 
were in effect at the time the offense was committed. 
(e) RIGHT OF ACTION.— 
(1) IN
GENERAL.—An individual who is ag-
grieved by a disproportionate arrest rate or a dis-
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proportionate incarceration rate of a State may 
bring a civil action in an appropriate district court 
of the United States. 
(2) RELIEF.—In a civil action brought under 
this subsection in which the plaintiff prevails, the 
court shall— 
(A) grant all necessary equitable and legal 
relief, including declaratory relief; and 
(B) issue an order requiring the Attorney 
General, acting through the Director of the Bu-
reau of Justice Assistance, to— 
(i) declare the State to be ineligible to 
receive any Federal funds for the construc-
tion or staffing of a prison or jail in ac-
cordance with subsection (b)(1)(A); and 
(ii) reduce grant funding of the State 
in accordance with subsection (b)(1)(B). 
SEC. 204. COMMUNITY REINVESTMENT FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as the 
‘‘Community Reinvestment Fund’’ (referred to in this sec-
tion as the ‘‘Fund’’). 
(b) DEPOSITS.—The Fund shall consist of— 
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(1) any amounts not awarded to a covered 
State because of a determination under section 
203(b)(1); and 
(2) any amounts otherwise appropriated to the 
Fund. 
(c) USE OF FUND AMOUNTS.—Amounts in the Fund 
shall be available to the Secretary of Housing and Urban 
Development to establish a grant program to reinvest in 
communities most affected by the war on drugs, which 
shall include providing grants to impacted communities for 
programs such as— 
(1) job training; 
(2) reentry services; 
(3) expenses related to the expungement of con-
victions; 
(4) public libraries; 
(5) community centers; 
(6) programs and opportunities dedicated to 
youth; 
(7) the special purpose fund discussed below; 
and 
(8) health education programs. 
(d) AVAILABILITY OF FUND AMOUNTS.—Amounts in 
the Fund shall be available without fiscal year limitation. 
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(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Fund 
$500,000,000 for each of fiscal years 2019 through 2041. 
TITLE III—SMARTER 
SENTENCING ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Smarter Sentencing 
Act of 2019’’. 
SEC. 302. SENTENCING MODIFICATIONS FOR CERTAIN 
DRUG OFFENSES. 
(a) CONTROLLED
SUBSTANCES
ACT.—The Con-
trolled Substances Act (21 U.S.C. 801 et seq.) is amend-
ed— 
(1) in section 102 (21 U.S.C. 802)— 
(A) by redesignating paragraph (58) as 
paragraph (59); 
(B) by redesignating the second paragraph 
(57) (relating to the term ‘‘serious drug fel-
ony’’) as paragraph (58); and 
(C) by adding at the end the following: 
‘‘(60) The term ‘courier’ means a defendant whose 
role in the offense was limited to transporting or storing 
drugs or money.’’; and 
(2) 
in 
section 
401(b)(1) 
(21 
U.S.C. 
841(b)(1))— 
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(A) in subparagraph (A), in the flush text 
following clause (viii)— 
(i) by striking ‘‘10 years or more’’ 
and inserting ‘‘5 years or more’’; 
(ii) by striking ‘‘such person shall be 
sentenced to a term of imprisonment which 
may not be less than 15 years and’’ and 
inserting ‘‘such person shall be sentenced 
to a term of imprisonment of not less than 
10 years and’’; and 
(B) in subparagraph (B), in the flush text 
following clause (viii)— 
(i) by striking ‘‘5 years’’ and inserting 
‘‘2 years’’; and 
(ii) by striking ‘‘not be less than 10 
years’’ and inserting ‘‘not be less than 5 
years’’. 
(b) CONTROLLED SUBSTANCES IMPORT AND EXPORT 
ACT.—Section 1010(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 960(b)) is amended— 
(1) in paragraph (1), in the flush text following 
subparagraph (H)— 
(A) by inserting ‘‘, other than a person 
who is a courier,’’ after ‘‘such violation’’; 
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(B) by striking ‘‘person commits’’ and in-
serting ‘‘person, other than a courier, com-
mits’’; and 
(C) by inserting ‘‘If a person who is a cou-
rier commits such a violation, the person shall 
be sentenced to a term of imprisonment of not 
less than 5 years and not more than life. If a 
person who is a courier commits such a viola-
tion after a prior conviction for a felony drug 
offense has become final, the person shall be 
sentenced to a term of imprisonment of not less 
than 10 years and not more than life.’’ before 
‘‘Notwithstanding section 3583’’; and 
(2) in paragraph (2), in the flush text following 
subparagraph (H)— 
(A) by inserting ‘‘, other than a person 
who is a courier,’’ after ‘‘such violation’’; 
(B) by striking ‘‘person commits’’ and in-
serting ‘‘person, other than a courier, com-
mits’’; and 
(C) by inserting ‘‘If a person who is a cou-
rier commits such a violation, the person shall 
be sentenced to a term of imprisonment of not 
less than 2 years and not more than life. If a 
person who is a courier commits such a viola-
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tion after a prior conviction for a felony drug 
offense has become final, the person shall be 
sentenced to a term of imprisonment of not less 
than 5 years and not more than life.’’ before 
‘‘Notwithstanding section 3583’’. 
SEC. 303. DIRECTIVE TO THE SENTENCING COMMISSION. 
(a) DIRECTIVE TO SENTENCING COMMISSION.—Pur-
suant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission shall review and 
amend, if appropriate, its guidelines and its policy state-
ments applicable to persons convicted of an offense under 
section 401 of the Controlled Substances Act (21 U.S.C. 
841) or section 1010 of the Controlled Substances Import 
and Export Act (21 U.S.C. 960) to ensure that the guide-
lines and policy statements are consistent with the amend-
ments made by section 302 of this title and reflect the 
intent of Congress that such penalties be decreased in ac-
cordance with the amendments made by such section 302. 
(b) CONSIDERATIONS.—In carrying out this section, 
the United States Sentencing Commission shall con-
sider— 
(1) the mandate of the United States Sen-
tencing Commission, under section 994(g) of title 
28, United States Code, to formulate the sentencing 
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guidelines in such a way as to ‘‘minimize the likeli-
hood that the Federal prison population will exceed 
the capacity of the Federal prisons’’; 
(2) the findings and conclusions of the United 
States Sentencing Commission in its October 2011 
report to Congress entitled, Mandatory Minimum 
Penalties in the Federal Criminal Justice System; 
(3) the fiscal implications of any amendments 
or revisions to the sentencing guidelines or policy 
statements made by the United States Sentencing 
Commission; 
(4) the relevant public safety concerns involved 
in the considerations before the United States Sen-
tencing Commission; 
(5) the intent of Congress that penalties for 
violent, repeat, and serious drug traffickers who 
present public safety risks remain appropriately se-
vere; and 
(6) the need to reduce and prevent racial dis-
parities in Federal sentencing. 
(c) EMERGENCY AUTHORITY.—The United States 
Sentencing Commission shall— 
(1) promulgate the guidelines, policy state-
ments, or amendments provided for in this Act as 
soon as practicable, and in any event not later than 
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120 days after the date of enactment of this Act, in 
accordance with the procedure set forth in section 
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 
note), as though the authority under that Act had 
not expired; and 
(2) pursuant to the emergency authority pro-
vided under paragraph (1), make such conforming 
amendments to the Federal sentencing guidelines as 
the Commission determines necessary to achieve 
consistency with other guideline provisions and ap-
plicable law. 
SEC. 304. REPORT BY ATTORNEY GENERAL. 
Not later than 6 months after the date of enactment 
of this Act, the Attorney General shall submit to the Com-
mittees on the Judiciary of the House of Representatives 
and the Senate a report outlining how the reduced expend-
itures on Federal corrections and the cost savings result-
ing from this Act will be used to help reduce overcrowding 
in the Federal Bureau of Prisons, help increase proper in-
vestment in law enforcement and crime prevention, and 
help reduce criminal recidivism, thereby increasing the ef-
fectiveness of Federal criminal justice spending. 
SEC. 305. REPORT ON FEDERAL CRIMINAL OFFENSES. 
(a) DEFINITIONS.—In this section— 
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(1) the term ‘‘criminal regulatory offense’’ 
means a Federal regulation that is enforceable by a 
criminal penalty; and 
(2) the term ‘‘criminal statutory offense’’ 
means a criminal offense under a Federal statute. 
(b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 
Not later than 1 year after the date of enactment of this 
Act, the Attorney General shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report, which 
shall include— 
(1) a list of all criminal statutory offenses, in-
cluding a list of the elements for each criminal stat-
utory offense; and 
(2) for each criminal statutory offense listed 
under paragraph (1)— 
(A) the potential criminal penalty for the 
criminal statutory offense; 
(B) the number of prosecutions for the 
criminal statutory offense brought by the De-
partment of Justice each year for the 15-year 
period preceding the date of enactment of this 
Act; and 
(C) the mens rea requirement for the 
criminal statutory offense. 
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Department of Education, the Department of En-
ergy, the Department of Health and Human Serv-
ices, the Department of Homeland Security, the De-
partment of Housing and Urban Development, the 
Department of the Interior, the Department of 
Labor, the Department of Transportation, the De-
partment of the Treasury, the Commodity Futures 
Trading Commission, the Consumer Product Safety 
Commission, the Equal Employment Opportunity 
Commission, the Export-Import Bank of the United 
States, the Farm Credit Administration, the Federal 
Communications Commission, the Federal Deposit 
Insurance Corporation, the Federal Election Com-
mission, the Federal Labor Relations Authority, the 
Federal Maritime Commission, the Federal Mine 
Safety and Health Review Commission, the Federal 
Trade Commission, the National Labor Relations 
Board, the National Transportation Safety Board, 
the Nuclear Regulatory Commission, the Occupa-
tional Safety and Health Review Commission, the 
Office of Compliance, the Postal Regulatory Com-
mission, the Securities and Exchange Commission, 
the Securities Investor Protection Corporation, the 
Environmental Protection Agency, the Small Busi-
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ness Administration, the Federal Housing Finance 
Agency, and the Office of Government Ethics. 
(d) INDEX.—Not later than 2 years after the date 
of enactment of this Act— 
(1) the Attorney General shall establish a pub-
licly accessible index of each criminal statutory of-
fense listed in the report required under subsection 
(b) and make the index available and freely acces-
sible on the website of the Department of Justice; 
and 
(2) the head of each agency described in sub-
section (c)(2) shall establish a publicly accessible 
index of each criminal regulatory offense listed in 
the report required under subsection (c)(1) and 
make the index available and freely accessible on the 
website of the agency. 
(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require or authorize appropria-
tions. 
TITLE IV—PAROLE FOR 
JUVENILES 
SEC. 401. PAROLE FOR JUVENILES. 
(a) IN GENERAL.—Chapter 403 of title 18, United 
States Code, is amended by inserting after section 5032 
the following: 
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‘‘§ 5032A. Modification of an imposed term of impris-
onment for violations of law committed 
prior to age 18 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, a court may reduce a term of imprisonment 
imposed upon a defendant convicted as an adult for an 
offense committed and completed before the defendant at-
tained 18 years of age if— 
‘‘(1) the defendant has served not less than 20 
years in custody for the offense; and 
‘‘(2) the court finds, after considering the fac-
tors set forth in subsection (c), that the defendant 
is not a danger to the safety of any person or the 
community and that the interests of justice warrant 
a sentence modification. 
‘‘(b) SUPERVISED RELEASE.—Any defendant whose 
sentence is reduced pursuant to subsection (a) shall be or-
dered to serve a period of supervised release of not less 
than 5 years following release from imprisonment. The 
conditions of supervised release and any modification or 
revocation of the term of supervise release shall be in ac-
cordance with section 3583. 
‘‘(c) FACTORS AND INFORMATION TO BE CONSID-
ERED IN DETERMINING WHETHER TO MODIFY A TERM 
OF IMPRISONMENT.—The court, in determining whether 
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to reduce a term of imprisonment pursuant to subsection 
(a), shall consider— 
‘‘(1) the factors described in section 3553(a), 
including the nature of the offense and the history 
and characteristics of the defendant; 
‘‘(2) the age of the defendant at the time of the 
offense; 
‘‘(3) a report and recommendation of the Bu-
reau of Prisons, including information on whether 
the defendant has substantially complied with the 
rules of each institution in which the defendant has 
been confined and whether the defendant has com-
pleted any educational, vocational, or other prison 
program, where available; 
‘‘(4) a report and recommendation of the 
United States attorney for any district in which an 
offense for which the defendant is imprisoned was 
prosecuted; 
‘‘(5) whether the defendant has demonstrated 
maturity, rehabilitation, and a fitness to reenter so-
ciety sufficient to justify a sentence reduction; 
‘‘(6) any statement, which may be presented 
orally or otherwise, by any victim of an offense for 
which the defendant is imprisoned or by a family 
member of the victim if the victim is deceased; 
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‘‘(7) any report from a physical, mental, or psy-
chiatric examination of the defendant conducted by 
a licensed health care professional; 
‘‘(8) the family and community circumstances 
of the defendant at the time of the offense, including 
any history of abuse, trauma, or involvement in the 
child welfare system; 
‘‘(9) the extent of the role of the defendant in 
the offense and whether, and to what extent, an 
adult was involved in the offense; 
‘‘(10) the diminished culpability of juveniles as 
compared to that of adults, and the hallmark fea-
tures of youth, including immaturity, impetuosity, 
and failure to appreciate risks and consequences, 
which counsel against sentencing juveniles to the 
otherwise applicable term of imprisonment; and 
‘‘(11) any other information the court deter-
mines relevant to the decision of the court. 
‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO 
THIS SECTION.— 
‘‘(1) SECOND APPLICATION.—Not earlier than 
5 years after the date on which an order entered by 
a court on an initial application under this section 
becomes final, a court shall entertain a second appli-
cation by the same defendant under this section. 
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‘‘(2) FINAL APPLICATION.—Not earlier than 5 
years after the date on which an order entered by 
a court on a second application under paragraph (1) 
becomes final, a court shall entertain a final applica-
tion by the same defendant under this section. 
‘‘(3) PROHIBITION.—A court may not entertain 
an application filed after an application filed under 
paragraph (2) by the same defendant. 
‘‘(e) PROCEDURES.— 
‘‘(1) NOTICE.—The Bureau of Prisons shall 
provide written notice of this section to— 
‘‘(A) any defendant who has served not 
less than 19 years in prison for an offense com-
mitted and completed before the defendant at-
tained 18 years of age for which the defendant 
was convicted as an adult; and 
‘‘(B) the sentencing court, the United 
States attorney, and the Federal Public De-
fender or Executive Director of the Community 
Defender Organization for the judicial district 
in which the sentence described in subpara-
graph (A) was imposed. 
‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 
notice under paragraph (1), the United States attor-
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ney shall provide any notifications required under 
section 3771. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—An application for a 
sentence reduction under this section shall be 
filed as a motion to reduce the sentence of the 
defendant and may include affidavits or other 
written material. 
‘‘(B) REQUIREMENT.—A motion to reduce 
a sentence under this section shall be filed with 
the sentencing court and a copy shall be served 
on the United States attorney for the judicial 
district in which the sentence was imposed. 
‘‘(4) EXPANDING THE RECORD; HEARING.— 
‘‘(A) EXPANDING THE RECORD.—After the 
filing of a motion to reduce a sentence under 
this section, the court may direct the parties to 
expand the record by submitting additional 
written materials relating to the motion. 
‘‘(B) HEARING.— 
‘‘(i) IN
GENERAL.—The court shall 
conduct a hearing on the motion, at which 
the defendant and counsel for the defend-
ant shall be given the opportunity to be 
heard. 
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‘‘(ii) EVIDENCE.—In a hearing under 
this section, the court may allow parties to 
present evidence. 
‘‘(iii) DEFENDANT’S
PRESENCE.—At 
a hearing under this section, the defendant 
shall be present unless the defendant 
waives the right to be present. The re-
quirement under this clause may be satis-
fied by the defendant appearing by video 
teleconference. 
‘‘(iv) COUNSEL.—A defendant who is 
unable to obtain counsel is entitled to have 
counsel appointed to represent the defend-
ant for proceedings under this section, in-
cluding any appeal, unless the defendant 
waives the right to counsel. 
‘‘(v) FINDINGS.—The court shall state 
in open court, and file in writing, the rea-
sons for granting or denying a motion 
under this section. 
‘‘(C) APPEAL.—The Government or the 
defendant may file a notice of appeal in the dis-
trict court for review of a final order under this 
section. The time limit for filing such appeal 
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shall be governed by rule 4(a) of the Federal 
Rules of Appellate Procedure. 
‘‘(f) EDUCATIONAL
AND
REHABILITATIVE
PRO-
GRAMS.—A defendant who is convicted and sentenced as 
an adult for an offense committed and completed before 
the defendant attained 18 years of age may not be de-
prived of any educational, training, or rehabilitative pro-
gram that is otherwise available to the general prison pop-
ulation.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
chapter 403 of title 18, United States Code, is amended 
by inserting after the item relating to section 5032 the 
following: 
‘‘5032A. Modification of an imposed term of imprisonment for violations of law 
committed prior to age 18.’’. 
(c) APPLICABILITY.—The amendments made by this 
section shall apply to any conviction entered before, on, 
or after the date of enactment of this Act. 
TITLE V—REVERSE MASS 
INCARCERATION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Reverse Mass Incar-
ceration Act of 2019’’. 
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SEC. 502. GRANT PROGRAM. 
(a) IN GENERAL.—Title I of the Omnibus Crime 
Control and Safe Street Act of 1968 (34 U.S.C. 10101 
et seq.) is amended by adding at the end the following: 
‘‘PART OO—STATE PRISON POPULATION 
REDUCTION GRANT PROGRAM 
‘‘SEC. 3051. GRANT PROGRAM. 
‘‘(a) IN GENERAL.—The Attorney General may make 
grants to States to assist States in reducing crime rates 
and incarcerations. 
‘‘(b) ELIGIBILITY.—A State shall be eligible to re-
ceive a grant under this section if the State demonstrates 
that, during the 3-year period preceding the application 
for a grant under this section— 
‘‘(1) the total number of individuals incarcer-
ated in correctional or detention facilities in the 
State was reduced by not less than 7 percent; and 
‘‘(2) the rate of crime within the State did not 
increase by more than 3 percent. 
‘‘(c) APPLICATION.—An eligible State seeking a 
grant under this section shall submit to the Attorney Gen-
eral an application in such form and manner and at such 
time as the Attorney General requires, which shall include 
a clear methodology based on population size and other 
factors. 
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‘‘(d) USE
OF GRANT FUNDS.—A grant awarded 
under this section shall be used by a State to implement 
evidence-based programs designed to reduce crime rates 
and incarcerations.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
1001(a) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by 
adding at the end the following: 
‘‘(29) There are authorized to be appropriated to 
carry out part OO $2,000,000,000 for each of fiscal years 
2020 through 2029.’’. 
DIVISION B—PRISON REFORM 
TITLE VI—DIGNITY ACT 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Dignity for Incarcer-
ated Women Act of 2019’’ or the ‘‘Dignity Act’’. 
SEC. 602. TREATMENT OF PRIMARY CARETAKER PARENTS 
AND OTHER INDIVIDUALS IN FEDERAL PRIS-
ONS. 
(a) IN GENERAL.—Chapter 303 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 4051. Treatment of primary caretaker parents and 
other individuals 
‘‘(a) DEFINITIONS.—In this section— 
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‘‘(1) the term ‘correctional officer’ means a cor-
rectional officer of the Bureau of Prisons; 
‘‘(2) the term ‘Director’ means the Director of 
the Bureau of Prisons; 
‘‘(3) the term ‘primary caretaker parent’ has 
the meaning given the term in section 31903 of the 
Violent Crime Control and Law Enforcement Act of 
1994 (34 U.S.C. 12242); and 
‘‘(4) the term ‘prisoner’ means an individual 
who is incarcerated in a Federal penal or correc-
tional institution. 
‘‘(b) VISITATION RULES.—The Director shall pro-
mulgate regulations for visitation between prisoners who 
are primary caretaker parents and their family members 
under which— 
‘‘(1) a prisoner may receive visits not fewer 
than 6 days per week, which shall include Saturday 
and Sunday; 
‘‘(2) a Federal penal or correctional institution 
shall be open for visitation for not fewer than 8 
hours per day; 
‘‘(3) a prisoner may have up to 5 adult visitors 
and an unlimited number of child visitors per visit; 
and 
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‘‘(4) a prisoner may have physical contact with 
visitors unless the prisoner presents an immediate 
physical danger to the visitors. 
‘‘(c) PARENTING CLASSES.—The Director shall pro-
vide parenting classes to each prisoner who is a primary 
caretaker parent. 
‘‘(d) TRAUMA-INFORMED CARE.— 
‘‘(1) IN GENERAL.—The Director shall provide 
trauma-informed care to each prisoner who is diag-
nosed with trauma. 
‘‘(2) IDENTIFICATION
AND
REFERRAL.—The 
Director shall provide training to each correctional 
officer and each other employee of the Bureau of 
Prisons who regularly interacts with prisoners, in-
cluding health care professionals and instructors, to 
enable the employees to identify prisoners with trau-
ma and refer those prisoners to the proper health-
care professional for treatment. 
‘‘(e) OMBUDSMAN.—The Attorney General shall des-
ignate an ombudsman to oversee and monitor, with re-
spect to Federal penal and correctional institutions— 
‘‘(1) prisoner transportation; 
‘‘(2) use of segregated housing; 
‘‘(3) strip searches of prisoners; and 
‘‘(4) civil rights violations. 
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‘‘(f) TELECOMMUNICATIONS.— 
‘‘(1) IN GENERAL.—The Director— 
‘‘(A) may not charge a fee for a telephone 
call made by a prisoner; and 
‘‘(B) shall make videoconferencing avail-
able to prisoners in each Federal penal or cor-
rectional institution free of charge. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1)(B) shall be construed to authorize the 
Director to use videoconferencing as a substitute for 
in-person visits. 
‘‘(g) INMATE HEALTH.— 
‘‘(1) HEALTHCARE PRODUCTS.— 
‘‘(A) AVAILABILITY.—The Director shall 
make the healthcare products described in sub-
paragraph (C) available to prisoners for free, in 
a quantity that is appropriate to the healthcare 
needs of each prisoner. 
‘‘(B) QUALITY OF PRODUCTS.—The Direc-
tor shall ensure that the healthcare products 
provided under this paragraph conform with ap-
plicable industry standards. 
‘‘(C) PRODUCTS.—The healthcare products 
described in this subparagraph are— 
‘‘(i) tampons; 
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‘‘(ii) sanitary napkins; 
‘‘(iii) moisturizing soap, which may 
not be lye-based; 
‘‘(iv) shampoo; 
‘‘(v) body lotion; 
‘‘(vi) Vaseline; 
‘‘(vii) toothpaste; 
‘‘(viii) toothbrushes; 
‘‘(ix) aspirin; 
‘‘(x) ibuprofen; and 
‘‘(xi) any other healthcare product 
that the Director determines appropriate. 
‘‘(2) GYNECOLOGIST
ACCESS.—The Director 
shall ensure that female prisoners have access to a 
gynecologist. 
‘‘(h) USE OF SEX-APPROPRIATE CORRECTIONAL OF-
FICERS.— 
‘‘(1) REGULATIONS.—The Director shall pro-
mulgate regulations under which— 
‘‘(A) a correctional officer may not conduct 
a strip search of a prisoner of the opposite sex 
unless— 
‘‘(i) the prisoner presents a risk of 
immediate harm to herself or himself or 
others; and 
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‘‘(ii) no other correctional officer of 
the same sex as the prisoner is available to 
assist; and 
‘‘(B) a correctional officer may not enter a 
restroom reserved for prisoners of the opposite 
sex unless— 
‘‘(i)(I) a prisoner in the restroom pre-
sents a risk of immediate harm to herself 
or himself or others; or 
‘‘(II) there is a medical emergency in 
the restroom; and 
‘‘(ii) no other correctional officer of 
the appropriate sex is available to assist. 
‘‘(2) RELATION TO OTHER LAWS.—Nothing in 
paragraph (1) shall be construed to affect the re-
quirements under the Prison Rape Elimination Act 
of 2003 (34 U.S.C. 30301 et seq.).’’. 
(b) 
SUBSTANCE
ABUSE
TREATMENT.—Section 
3621(e) of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(7) ELIGIBILITY
OF
PRIMARY
CARETAKER 
PARENTS AND PREGNANT WOMEN.—The Bureau of 
Prisons may not prohibit a prisoner who is a pri-
mary caretaker parent (as defined in section 4051) 
or pregnant from participating in a program of resi-
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dential substance abuse treatment provided under 
paragraph (1) based on the failure of the individual, 
before being committed to the custody of the Bu-
reau, to disclose to any official that the individual 
had a substance abuse problem.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TABLE OF SECTIONS.—The table of sections 
for chapter 303 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘4051. Treatment of primary caretaker parents and other individuals.’’. 
(2) HEALTHCARE PRODUCTS.—Section 611 of 
the First Step Act of 2018 (Public Law 115–391; 
132 Stat. 5194) is repealed. 
SEC. 603. OVERNIGHT VISIT PILOT PROGRAM. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Director’’ means the Director of 
the Bureau of Prisons; 
(2) the term ‘‘primary caretaker parent’’ has 
the meaning given the term in section 31903 of the 
Violent Crime Control and Law Enforcement Act of 
1994 (34 U.S.C. 12242); and 
(3) the term ‘‘prisoner’’ means an individual 
who is incarcerated in a Federal penal or correc-
tional institution. 
(b) PILOT PROGRAM.—The Director shall carry out 
a pilot program under which prisoners who are primary 
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caretaker parents and meet eligibility criteria established 
by the Director may receive overnight visits from family 
members. 
(c) ELIGIBILITY CRITERIA.—In establishing eligi-
bility criteria for the pilot program under subsection (b), 
the Director shall— 
(1) require that a prisoner have displayed good 
behavior; and 
(2) prohibit participation by any prisoner who 
has been convicted of a crime of violence (as defined 
in section 16 of title 18, United States Code). 
DIVISION C—RE-ENTRY REFORM: 
REDUCING THE COLLATERAL 
CONSEQUENCES OF CONVIC-
TION 
TITLE VII—FAIR CHANCE ACT 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Fair Chance to Com-
pete for Jobs Act of 2019’’ or the ‘‘Fair Chance Act’’. 
SEC. 702. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 
PRIOR TO CONDITIONAL OFFER FOR FED-
ERAL EMPLOYMENT. 
(a) IN GENERAL.—Subpart H of part III of title 5, 
United States Code, is amended by adding at the end the 
following: 
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‘‘CHAPTER 92—PROHIBITION ON CRIMI-
NAL HISTORY INQUIRIES PRIOR TO 
CONDITIONAL OFFER 
‘‘Sec. 
‘‘9201. Definitions. 
‘‘9202. Limitations on requests for criminal history record information. 
‘‘9203. Agency policies; whistleblower complaint procedures. 
‘‘9204. Adverse action. 
‘‘9205. Procedures. 
‘‘9206. Rules of construction. 
‘‘§ 9201. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘agency’ means ‘Executive agen-
cy’ as such term is defined in section 105 and in-
cludes— 
‘‘(A) the United States Postal Service and 
the Postal Regulatory Commission; and 
‘‘(B) the Executive Office of the President; 
‘‘(2) the term ‘appointing authority’ means an 
employee in the executive branch of the Government 
of the United States that has authority to make ap-
pointments to positions in the civil service; 
‘‘(3) the term ‘conditional offer’ means an offer 
of employment in a position in the civil service that 
is conditioned upon the results of a criminal history 
inquiry; 
‘‘(4) the term ‘criminal history record informa-
tion’— 
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‘‘(A) except as provided in subparagraphs 
(B) and (C), has the meaning given the term in 
section 9101(a); 
‘‘(B) includes any information described in 
the first sentence of section 9101(a)(2) that has 
been sealed or expunged pursuant to law; and 
‘‘(C) includes information collected by a 
criminal justice agency, relating to an act or al-
leged act of juvenile delinquency, that is analo-
gous to criminal history record information (in-
cluding such information that has been sealed 
or expunged pursuant to law); and 
‘‘(5) the term ‘suspension’ has the meaning 
given the term in section 7501. 
‘‘§ 9202. Limitations on requests for criminal history 
record information 
‘‘(a) INQUIRIES PRIOR TO CONDITIONAL OFFER.— 
Except as provided in subsections (b) and (c), an employee 
of an agency may not request, in oral or written form (in-
cluding through the Declaration for Federal Employment 
(Office of Personnel Management Optional Form 306) or 
any similar successor form, the USAJOBS internet 
website, or any other electronic means) that an applicant 
for an appointment to a position in the civil service dis-
close criminal history record information regarding the ap-
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plicant before the appointing authority extends a condi-
tional offer to the applicant. 
‘‘(b) OTHERWISE REQUIRED BY LAW.—The prohibi-
tion under subsection (a) shall not apply with respect to 
an applicant for a position in the civil service if consider-
ation of criminal history record information prior to a con-
ditional offer with respect to the position is otherwise re-
quired by law. 
‘‘(c) EXCEPTION FOR CERTAIN POSITIONS.— 
‘‘(1) IN GENERAL.—The prohibition under sub-
section (a) shall not apply with respect to an appli-
cant for an appointment to a position— 
‘‘(A) that requires a determination of eligi-
bility described in clause (i), (ii), or (iii) of sec-
tion 9101(b)(1)(A); 
‘‘(B) as a Federal law enforcement officer 
(as defined in section 115(c) of title 18); or 
‘‘(C) identified by the Director of the Of-
fice of Personnel Management in the regula-
tions issued under paragraph (2). 
‘‘(2) REGULATIONS.— 
‘‘(A) ISSUANCE.—The Director of the Of-
fice of Personnel Management shall issue regu-
lations identifying additional positions with re-
spect to which the prohibition under subsection 
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(a) shall not apply, giving due consideration to 
positions that involve interaction with minors, 
access to sensitive information, or managing fi-
nancial transactions. 
‘‘(B) COMPLIANCE
WITH
CIVIL
RIGHTS 
LAWS.—The regulations issued under subpara-
graph (A) shall— 
‘‘(i) be consistent with, and in no way 
supersede, restrict, or limit the application 
of title VII of the Civil Rights Act of 1964 
(42 U.S.C. 2000e et seq.) or other relevant 
Federal civil rights laws; and 
‘‘(ii) ensure that all hiring activities 
conducted pursuant to the regulations are 
conducted in a manner consistent with rel-
evant Federal civil rights laws. 
‘‘§ 9203. Agency policies; whistleblower complaint 
procedures 
‘‘The Director of the Office of Personnel Manage-
ment shall— 
‘‘(1) develop, implement, and publish a policy to 
assist employees of agencies in complying with sec-
tion 9202 and the regulations issued pursuant to 
such section; and 
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‘‘(2) establish and publish procedures under 
which an applicant for an appointment to a position 
in the civil service may submit a complaint, or any 
other information, relating to compliance by an em-
ployee of an agency with section 9202. 
‘‘§ 9204. Adverse action 
‘‘(a) FIRST VIOLATION.—If the Director of the Office 
of Personnel Management determines, after notice and an 
opportunity for a hearing on the record, that an employee 
of an agency has violated section 9202, the Director 
shall— 
‘‘(1) issue to the employee a written warning 
that includes a description of the violation and the 
additional penalties that may apply for subsequent 
violations; and 
‘‘(2) file such warning in the employee’s official 
personnel record file. 
‘‘(b) SUBSEQUENT VIOLATIONS.—If the Director of 
the Office of Personnel Management determines, after no-
tice and an opportunity for a hearing on the record, that 
an employee that was subject to subsection (a) has com-
mitted a subsequent violation of section 9202, the Director 
may take the following action: 
‘‘(1) For a second violation, suspension of the 
employee for a period of not more than 7 days. 
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‘‘(2) For a third violation, suspension of the 
employee for a period of more than 7 days. 
‘‘(3) For a fourth violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $250. 
‘‘(4) For a fifth violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $500. 
‘‘(5) For any subsequent violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $1,000. 
‘‘§ 9205. Procedures 
‘‘(a) APPEALS.—The Director of the Office of Per-
sonnel Management shall by rule establish procedures pro-
viding for an appeal from any adverse action taken under 
section 9204 by not later than 30 days after the date of 
the action. 
‘‘(b) APPLICABILITY OF OTHER LAWS.—An adverse 
action taken under section 9204 (including a determina-
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tion in an appeal from such an action under subsection 
(a) of this section) shall not be subject to— 
‘‘(1) the procedures under chapter 75; or 
‘‘(2) except as provided in subsection (a) of this 
section, appeal or judicial review. 
‘‘§ 9206. Rules of construction 
‘‘Nothing in this chapter may be construed to— 
‘‘(1) authorize any officer or employee of an 
agency to request the disclosure of information de-
scribed under subparagraphs (B) and (C) of section 
9201(4); or 
‘‘(2) create a private right of action for any 
person.’’. 
(b) REGULATIONS; EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 year after 
the date of enactment of this Act, the Director of 
the Office of Personnel Management shall issue such 
regulations as are necessary to carry out chapter 92 
of title 5, United States Code (as added by sub-
section (a)). 
(2) EFFECTIVE DATE.—Section 9202 of title 5, 
United States Code (as added by subsection (a)), 
shall take effect on the date that is 2 years after the 
date of enactment of this Act. 
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(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of chapters for part III of title 5, United States 
Code, is amended by inserting after the item relating to 
chapter 91 the following: 
‘‘92. Prohibition on criminal history inquiries prior to 
conditional offer .................................................... 9201’’. 
(d) APPLICATION TO LEGISLATIVE BRANCH.— 
(1) IN GENERAL.—The Congressional Account-
ability Act of 1995 (2 U.S.C. 1301 et seq.) is 
amended— 
(A) in section 102(a) (2 U.S.C. 1302(a)), 
by adding at the end the following: 
‘‘(12) Section 9202 of title 5, United States 
Code.’’; 
(B) by redesignating section 207 (2 U.S.C. 
1317) as section 208; and 
(C) by inserting after section 206 (2 
U.S.C. 1316) the following new section: 
‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMI-
NAL HISTORY INQUIRIES. 
‘‘(a) DEFINITIONS.—In this section, the terms ‘agen-
cy’, ‘criminal history record information’, and ‘suspension’ 
have the meanings given the terms in section 9201 of title 
5, United States Code, except as otherwise modified by 
this section. 
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‘‘(b) RESTRICTIONS ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an employee of an employing 
office may not request that an applicant for em-
ployment as a covered employee disclose crimi-
nal history record information if the request 
would be prohibited under section 9202 of title 
5, United States Code, if made by an employee 
of an agency. 
‘‘(B) CONDITIONAL OFFER.—For purposes 
of applying that section 9202 under subpara-
graph (A), a reference in that section 9202 to 
a conditional offer shall be considered to be an 
offer of employment as a covered employee that 
is conditioned upon the results of a criminal 
history inquiry. 
‘‘(2) RULES
OF
CONSTRUCTION.—The provi-
sions of section 9206 of title 5, United States Code, 
shall apply to employing offices, consistent with reg-
ulations issued under subsection (d). 
‘‘(c) REMEDY.— 
‘‘(1) IN GENERAL.—The remedy for a violation 
of subsection (b)(1) shall be such remedy as would 
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be appropriate if awarded under section 9204 of title 
5, United States Code, if the violation had been 
committed by an employee of an agency, consistent 
with regulations issued under subsection (d), except 
that the reference in that section to a suspension 
shall be considered to be a suspension with the level 
of compensation provided for a covered employee 
who is taking unpaid leave under section 202. 
‘‘(2) PROCESS
FOR
OBTAINING
RELIEF.—An 
applicant for employment as a covered employee who 
alleges a violation of subsection (b)(1) may rely on 
the provisions of title IV (other than section 407 or 
408, or a provision of this title that permits a per-
son to obtain a civil action or judicial review), con-
sistent with regulations issued under subsection (d). 
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the Fair Chance to 
Compete for Jobs Act of 2019, the Board shall, pur-
suant to section 304, issue regulations to implement 
this section. 
‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— 
The regulations issued under paragraph (1) shall be 
the same as substantive regulations issued by the 
Director of the Office of Personnel Management 
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under section 702(b)(1) of the Fair Chance to Com-
pete for Jobs Act of 2019 to implement the statu-
tory provisions referred to in subsections (a) through 
(c) except to the extent that the Board may deter-
mine, for good cause shown and stated together with 
the regulation, that a modification of such regula-
tions would be more effective for the implementation 
of the rights and protections under this section. 
‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) and 
subsections (a) through (c) shall take effect on the date 
on which section 9202 of title 5, United States Code, ap-
plies with respect to agencies.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) The table of contents in section 1(b) of 
the Congressional Accountability Act of 1995 
(Public Law 104–1; 109 Stat. 3) is amended— 
(i) by redesignating the item relating 
to section 207 as the item relating to sec-
tion 208; and 
(ii) by inserting after the item relating 
to section 206 the following new item: 
‘‘Sec. 207. Rights and protections relating to criminal history inquiries.’’. 
(B) Section 62(e)(2) of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘or 
207’’ and inserting ‘‘207, or 208’’. 
(e) APPLICATION TO JUDICIAL BRANCH.— 
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(1) IN
GENERAL.—Section 604 of title 28, 
United States Code, is amended by adding at the 
end the following: 
‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the terms ‘agency’ and ‘criminal his-
tory record information’ have the meanings 
given those terms in section 9201 of title 5; 
‘‘(B) the term ‘covered employee’ means an 
employee of the judicial branch of the United 
States Government, other than— 
‘‘(i) any judge or justice who is enti-
tled to hold office during good behavior; 
‘‘(ii) a United States magistrate 
judge; or 
‘‘(iii) a bankruptcy judge; and 
‘‘(C) the term ‘employing office’ means any 
office or entity of the judicial branch of the 
United States Government that employs covered 
employees. 
‘‘(2) RESTRICTION.—A covered employee may 
not request that an applicant for employment as a 
covered employee disclose criminal history record in-
formation if the request would be prohibited under 
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section 9202 of title 5 if made by an employee of an 
agency. 
‘‘(3) EMPLOYING OFFICE POLICIES; COMPLAINT 
PROCEDURE.—The provisions of sections 9203 and 
9206 of title 5 shall apply to employing offices and 
to applicants for employment as covered employees, 
consistent with regulations issued by the Director to 
implement this subsection. 
‘‘(4) ADVERSE ACTION.— 
‘‘(A) ADVERSE
ACTION.—The Director 
may take such adverse action with respect to a 
covered employee who violates paragraph (2) as 
would be appropriate under section 9204 of 
title 5 if the violation had been committed by 
an employee of an agency. 
‘‘(B) APPEALS.—The Director shall by 
rule establish procedures providing for an ap-
peal from any adverse action taken under sub-
paragraph (A) by not later than 30 days after 
the date of the action. 
‘‘(C) APPLICABILITY OF OTHER LAWS.— 
Except as provided in subparagraph (B), an ad-
verse action taken under subparagraph (A) (in-
cluding a determination in an appeal from such 
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an action under subparagraph (B)) shall not be 
subject to appeal or judicial review. 
‘‘(5) REGULATIONS TO BE ISSUED.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Fair 
Chance to Compete for Jobs Act of 2019, the 
Director shall issue regulations to implement 
this subsection. 
‘‘(B) PARALLEL
WITH
AGENCY
REGULA-
TIONS.—The regulations issued under subpara-
graph (A) shall be the same as substantive reg-
ulations promulgated by the Director of the Of-
fice of Personnel Management under section 
702(b)(1) of the Fair Chance to Compete for 
Jobs Act of 2019 except to the extent that the 
Director of the Administrative Office of the 
United States Courts may determine, for good 
cause shown and stated together with the regu-
lation, that a modification of such regulations 
would be more effective for the implementation 
of the rights and protections under this sub-
section. 
‘‘(6) 
EFFECTIVE
DATE.—Paragraphs 
(1) 
through (4) shall take effect on the date on which 
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section 9202 of title 5 applies with respect to agen-
cies.’’. 
SEC. 703. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 
BY CONTRACTORS PRIOR TO CONDITIONAL 
OFFER. 
(a) CIVILIAN AGENCY CONTRACTS.— 
(1) IN
GENERAL.—Chapter 47 of title 41, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 4714. Prohibition on criminal history inquiries by 
contractors prior to conditional offer 
‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an executive agency— 
‘‘(A) may not require that an individual or 
sole proprietor who submits a bid for a contract 
to disclose criminal history record information 
regarding that individual or sole proprietor be-
fore determining the apparent awardee; and 
‘‘(B) shall require, as a condition of receiv-
ing a Federal contract and receiving payments 
under such contract that the contractor may 
not verbally, or through written form, request 
the disclosure of criminal history record infor-
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mation regarding an applicant for a position re-
lated to work under such contract before the 
contractor extends a conditional offer to the ap-
plicant. 
‘‘(2) OTHERWISE
REQUIRED
BY
LAW.—The 
prohibition under paragraph (1) does not apply with 
respect to a contract if consideration of criminal his-
tory record information prior to a conditional offer 
with respect to the position is otherwise required by 
law. 
‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 
‘‘(A) IN GENERAL.—The prohibition under 
paragraph (1) does not apply with respect to— 
‘‘(i) a contract that requires an indi-
vidual hired under the contract to access 
classified information or to have sensitive 
law enforcement or national security du-
ties; or 
‘‘(ii) a position that the Administrator 
of General Services identifies under the 
regulations issued under subparagraph 
(B). 
‘‘(B) REGULATIONS.— 
‘‘(i) ISSUANCE.—Not later than 16 
months after the date of enactment of the 
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Fair Chance to Compete for Jobs Act of 
2019, the Administrator of General Serv-
ices, in consultation with the Secretary of 
Defense, shall issue regulations identifying 
additional positions with respect to which 
the prohibition under paragraph (1) shall 
not apply, giving due consideration to posi-
tions that involve interaction with minors, 
access to sensitive information, or man-
aging financial transactions. 
‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS 
LAWS.—The 
regulations 
issued 
under 
clause (i) shall— 
‘‘(I) be consistent with, and in no 
way supersede, restrict, or limit the 
application of title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e 
et seq.) or other relevant Federal civil 
rights laws; and 
‘‘(II) ensure that all hiring activi-
ties conducted pursuant to the regula-
tions are conducted in a manner con-
sistent with relevant Federal civil 
rights laws. 
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‘‘(b) COMPLAINT PROCEDURES.—The Administrator 
of General Services shall establish and publish procedures 
under which an applicant for a position with a Federal 
contractor may submit to the Administrator a complaint, 
or any other information, relating to compliance by the 
contractor with subsection (a)(1)(B). 
‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON 
CRIMINAL HISTORY INQUIRIES.— 
‘‘(1) FIRST VIOLATION.—If the head of an exec-
utive agency determines that a contractor has vio-
lated subsection (a)(1)(B), such head shall— 
‘‘(A) notify the contractor; 
‘‘(B) provide 30 days after such notifica-
tion for the contractor to appeal the determina-
tion; and 
‘‘(C) issue a written warning to the con-
tractor that includes a description of the viola-
tion and the additional remedies that may apply 
for subsequent violations. 
‘‘(2) SUBSEQUENT VIOLATION.—If the head of 
an executive agency determines that a contractor 
that was subject to paragraph (1) has committed a 
subsequent violation of subsection (a)(1)(B), such 
head shall notify the contractor, shall provide 30 
days after such notification for the contractor to ap-
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peal the determination, and, in consultation with the 
relevant Federal agencies, may take actions, depend-
ing on the severity of the infraction and the contrac-
tor’s history of violations, including— 
‘‘(A) providing written guidance to the 
contractor that the contractor’s eligibility for 
contracts requires compliance with this section; 
‘‘(B) requiring that the contractor respond 
within 30 days affirming that the contractor is 
taking steps to comply with this section; and 
‘‘(C) suspending payment under the con-
tract for which the applicant was being consid-
ered until the contractor demonstrates compli-
ance with this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONDITIONAL OFFER.—The term ‘condi-
tional offer’ means an offer of employment for a po-
sition related to work under a contract that is condi-
tioned upon the results of a criminal history inquiry. 
‘‘(2) CRIMINAL
HISTORY
RECORD
INFORMA-
TION.—The term ‘criminal history record informa-
tion’ has the meaning given that term in section 
9201 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 47 of title 41, United States Code, 
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is amended by adding at the end the following new 
item: 
‘‘4714. Prohibition on criminal history inquiries by contractors prior to condi-
tional offer.’’. 
(3) EFFECTIVE DATE.—Section 4714 of title 
41, United States Code, as added by paragraph (1), 
shall apply with respect to contracts awarded pursu-
ant to solicitations issued after the effective date de-
scribed in section 702(b)(2) of this title. 
(b) DEFENSE CONTRACTS.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by inserting after 
section 2338 the following new section: 
‘‘§ 2339. Prohibition on criminal history inquiries by 
contractors prior to conditional offer 
‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the head of an agency— 
‘‘(A) may not require that an individual or 
sole proprietor who submits a bid for a contract 
to disclose criminal history record information 
regarding that individual or sole proprietor be-
fore determining the apparent awardee; and 
‘‘(B) shall require as a condition of receiv-
ing a Federal contract and receiving payments 
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under such contract that the contractor may 
not verbally or through written form request 
the disclosure of criminal history record infor-
mation regarding an applicant for a position re-
lated to work under such contract before such 
contractor extends a conditional offer to the ap-
plicant. 
‘‘(2) OTHERWISE
REQUIRED
BY
LAW.—The 
prohibition under paragraph (1) does not apply with 
respect to a contract if consideration of criminal his-
tory record information prior to a conditional offer 
with respect to the position is otherwise required by 
law. 
‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 
‘‘(A) IN GENERAL.—The prohibition under 
paragraph (1) does not apply with respect to— 
‘‘(i) a contract that requires an indi-
vidual hired under the contract to access 
classified information or to have sensitive 
law enforcement or national security du-
ties; or 
‘‘(ii) a position that the Secretary of 
Defense identifies under the regulations 
issued under subparagraph (B). 
‘‘(B) REGULATIONS.— 
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‘‘(i) ISSUANCE.—Not later than 16 
months after the date of enactment of the 
Fair Chance to Compete for Jobs Act of 
2019, the Secretary of Defense, in con-
sultation with the Administrator of Gen-
eral Services, shall issue regulations identi-
fying additional positions with respect to 
which the prohibition under paragraph (1) 
shall not apply, giving due consideration to 
positions that involve interaction with mi-
nors, access to sensitive information, or 
managing financial transactions. 
‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS 
LAWS.—The 
regulations 
issued 
under 
clause (i) shall— 
‘‘(I) be consistent with, and in no 
way supersede, restrict, or limit the 
application of title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e 
et seq.) or other relevant Federal civil 
rights laws; and 
‘‘(II) ensure that all hiring activi-
ties conducted pursuant to the regula-
tions are conducted in a manner con-
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sistent with relevant Federal civil 
rights laws. 
‘‘(b) COMPLAINT PROCEDURES.—The Secretary of 
Defense shall establish and publish procedures under 
which an applicant for a position with a Department of 
Defense contractor may submit a complaint, or any other 
information, relating to compliance by the contractor with 
subsection (a)(1)(B). 
‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON 
CRIMINAL HISTORY INQUIRIES.— 
‘‘(1) FIRST
VIOLATION.—If the Secretary of 
Defense determines that a contractor has violated 
subsection (a)(1)(B), the Secretary shall— 
‘‘(A) notify the contractor; 
‘‘(B) provide 30 days after such notifica-
tion for the contractor to appeal the determina-
tion; and 
‘‘(C) issue a written warning to the con-
tractor that includes a description of the viola-
tion and the additional remedies that may apply 
for subsequent violations. 
‘‘(2) SUBSEQUENT
VIOLATIONS.—If the Sec-
retary of Defense determines that a contractor that 
was subject to paragraph (1) has committed a sub-
sequent violation of subsection (a)(1)(B), the Sec-
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retary shall notify the contractor, shall provide 30 
days after such notification for the contractor to ap-
peal the determination, and, in consultation with the 
relevant Federal agencies, may take actions, depend-
ing on the severity of the infraction and the contrac-
tor’s history of violations, including— 
‘‘(A) providing written guidance to the 
contractor that the contractor’s eligibility for 
contracts requires compliance with this section; 
‘‘(B) requiring that the contractor respond 
within 30 days affirming that the contractor is 
taking steps to comply with this section; and 
‘‘(C) suspending payment under the con-
tract for which the applicant was being consid-
ered until the contractor demonstrates compli-
ance with this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONDITIONAL OFFER.—The term ‘condi-
tional offer’ means an offer of employment for a po-
sition related to work under a contract that is condi-
tioned upon the results of a criminal history inquiry. 
‘‘(2) CRIMINAL
HISTORY
RECORD
INFORMA-
TION.—The term ‘criminal history record informa-
tion’ has the meaning given that term in section 
9201 of title 5.’’. 
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(2) EFFECTIVE DATE.—Section 2339(a) of title 
10, United States Code, as added by paragraph (1), 
shall apply with respect to contracts awarded pursu-
ant to solicitations issued after the effective date de-
scribed in section 702(b)(2) of this title. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 137 of title 10, United States 
Code, is amended by inserting after the item relating 
to section 2338 the following new item: 
‘‘2339. Prohibition on criminal history inquiries by contractors prior to condi-
tional offer.’’. 
(c) REVISIONS TO FEDERAL ACQUISITION REGULA-
TION.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Federal 
Acquisition Regulatory Council shall revise the Fed-
eral Acquisition Regulation to implement section 
4714 of title 41, United States Code, and section 
2339 of title 10, United States Code, as added by 
this section. 
(2) CONSISTENCY WITH OFFICE OF PERSONNEL 
MANAGEMENT REGULATIONS.—The Federal Acquisi-
tion Regulatory Council shall revise the Federal Ac-
quisition Regulation under paragraph (1) to be con-
sistent with the regulations issued by the Director of 
the Office of Personnel Management under section 
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702(b)(1) to the maximum extent practicable. The 
Council shall include together with such revision an 
explanation of any substantive modification of the 
Office of Personnel Management regulations, includ-
ing an explanation of how such modification will 
more effectively implement the rights and protec-
tions under this section. 
SEC. 704. REPORT ON EMPLOYMENT OF INDIVIDUALS FOR-
MERLY INCARCERATED IN FEDERAL PRIS-
ONS. 
(a) DEFINITION.—In this section, the term ‘‘covered 
individual’’— 
(1) means an individual who has completed a 
term of imprisonment in a Federal prison for a Fed-
eral criminal offense; and 
(2) does not include an alien who is or will be 
removed from the United States for a violation of 
the immigration laws (as such term is defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)). 
(b) STUDY AND REPORT REQUIRED.—The Director 
of the Bureau of Justice Statistics, in coordination with 
the Director of the Bureau of the Census, shall— 
(1) not later than 180 days after the date of 
enactment of this Act, design and initiate a study on 
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the employment of covered individuals after their re-
lease from Federal prison, including by collecting— 
(A) demographic data on covered individ-
uals, including race, age, and sex; and 
(B) data on employment and earnings of 
covered individuals who are denied employment, 
including the reasons for the denials; and 
(2) not later than 2 years after the date of en-
actment of this Act, and every 5 years thereafter, 
submit a report that does not include any personally 
identifiable information on the study conducted 
under paragraph (1) to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
(C) the Committee on Oversight and Re-
form of the House of Representatives; and 
(D) the Committee on Education and 
Labor of the House of Representatives. 
TITLE VIII—FAIR CHANCE 
LICENSING ACT 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Fair Chance Licensing 
Act of 2019’’. 
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SEC. 802. RESTRICTIONS ON USE OF CRIMINAL RECORDS 
TO DISQUALIFY INDIVIDUALS FROM EMPLOY-
MENT, OCCUPATIONAL LICENSING, OR OCCU-
PATIONAL CERTIFICATION. 
(a) STATE
AND LOCAL REQUIREMENTS.—Section 
534 of title 28, United States Code, is amended by adding 
at the end the following: 
‘‘(g) RESTRICTIONS ON STATE AND LOCAL USE OF 
CRIMINAL RECORDS TO DISQUALIFY INDIVIDUALS FROM 
EMPLOYMENT, OCCUPATIONAL LICENSING, OR OCCUPA-
TIONAL CERTIFICATION.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘covered entity’ means— 
‘‘(i) an occupational licensing author-
ity; 
‘‘(ii) an occupational certification au-
thority; and 
‘‘(iii) an employer or third-party enti-
ty that is authorized by Federal or State 
law, including title II of the Departments 
of State, Justice, and Commerce, the Judi-
ciary, and Related Agencies Appropriation 
Act, 1973 (Public Law 92–544; 86 Stat. 
1114), to access the records system cre-
ated under this section for employment 
purposes; 
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‘‘(B) the term ‘directly related conviction’, 
with respect to an individual, means a convic-
tion of the individual that a covered entity de-
termines to have a direct and specific negative 
bearing on the ability of the individual to per-
form the duties or responsibilities necessary 
for— 
‘‘(i) the position in which employment 
is sought; or 
‘‘(ii) the occupation for which an oc-
cupational license or certification is sought; 
‘‘(C) the term ‘qualifying background 
check law’ means a law that imposes the re-
quirements described in paragraph (3); and 
‘‘(D) the term ‘record’ means a record or 
other information acquired, collected, classified, 
or preserved by the Attorney General under 
paragraph (1), (2), or (3) of subsection (a). 
‘‘(2) CONDITIONS ON ACCESS BY STATE AND 
LOCAL ENTITIES TO FBI BACKGROUND CHECK SYS-
TEM.— 
‘‘(A) STATES.—An agency or official of a 
State may not request or access a record, in-
cluding on behalf of a private entity, under any 
authority, unless the State has enacted a quali-
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fying background check law or a law that is 
more favorable to an individual with a criminal 
history than a qualifying background check law. 
‘‘(B) LOCAL
GOVERNMENTS.—An agency 
or official of a political subdivision of a State 
may not request or access a record, including 
on behalf of a private entity, under any author-
ity unless the political subdivision or the State 
has enacted a qualifying background check law 
or a law that is more favorable to an individual 
with a criminal history than a qualifying back-
ground check law. 
‘‘(3) QUALIFYING BACKGROUND CHECK LAW.— 
‘‘(A) AVAILABILITY AND USE OF CRIMINAL 
HISTORY
INFORMATION.—A qualifying back-
ground check law shall provide that a covered 
entity may not consider any of the following 
criminal history information in determining 
whether to disqualify an individual from em-
ployment, an occupational license, or an occupa-
tional certification: 
‘‘(i) A conviction that is not a directly 
related conviction. 
‘‘(ii) Non-conviction information, in-
cluding information related to— 
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‘‘(I) a deferred adjudication; 
‘‘(II) participation in a diversion 
program; 
‘‘(III) an arrest not followed by a 
valid conviction; or 
‘‘(IV) an infraction. 
‘‘(iii) A conviction that has been 
sealed, dismissed, expunged, or pardoned. 
‘‘(iv) A juvenile adjudication. 
‘‘(v) A misdemeanor conviction for 
which no sentence of imprisonment can be 
imposed. 
‘‘(vi) A misdemeanor conviction that 
is more than 1 year old, excluding any pe-
riod of incarceration or custody. 
‘‘(vii) A felony conviction that is more 
than 5 years old, excluding any period of 
incarceration or custody. 
‘‘(B) 
CONSIDERATION
OF
TITLE
VII 
‘GREEN’ FACTORS.—A qualifying background 
check law shall provide that a covered entity, in 
determining whether to disqualify an individual 
from employment, an occupational license, or 
an occupational certification based on a directly 
related conviction, shall consider— 
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‘‘(i) the nature and gravity of the con-
viction; 
‘‘(ii) the period of time that has 
elapsed since the conviction or, if applica-
ble, completion of the sentence; and 
‘‘(iii) the nature of the employment, 
license, or certification held or sought. 
‘‘(C) SUFFICIENT
MITIGATION
OR
REHA-
BILITATION AND FITNESS FOR OCCUPATION.— 
A qualifying background check law shall provide 
that a covered entity may not disqualify an in-
dividual from employment, an occupational li-
cense, or an occupational certification solely or 
in part because of a directly related conviction 
if the individual can establish sufficient mitiga-
tion or rehabilitation and fitness to perform the 
duties of the position or occupation by pro-
viding— 
‘‘(i) evidence showing that— 
‘‘(I) not less than 1 year has 
elapsed since the individual was re-
leased from any correctional institu-
tion without subsequent conviction of 
a crime; and 
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‘‘(II) the individual has complied 
with all terms and conditions of pro-
bation or parole; or 
‘‘(ii) any other evidence of mitigation 
and present fitness, including— 
‘‘(I) the circumstances relating to 
the offense, including mitigating cir-
cumstances or social conditions sur-
rounding the commission of the of-
fense; 
‘‘(II) the age of the individual 
when the individual committed the of-
fense; 
‘‘(III) the period of time that has 
elapsed since the individual committed 
the offense; 
‘‘(IV) evidence of work history, 
particularly any training or work ex-
perience related to the position or oc-
cupation; 
‘‘(V) additional evidence of edu-
cational, training, or work activities 
that the individual has participated in, 
including during any period of incar-
ceration; 
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‘‘(VI) letters of reference by per-
sons who have been in contact with 
the individual since the individual was 
released from any correctional institu-
tion; and 
‘‘(VII) completion of, or active 
participation in, rehabilitative drug or 
alcohol treatment. 
‘‘(D) NOTICE OF POTENTIAL DENIAL AND 
OPPORTUNITY TO APPEAL.— 
‘‘(i) NOTICE
OF
POTENTIAL
DE-
NIAL.—A qualifying background check law 
shall provide that if a covered entity in-
tends to disqualify an individual from em-
ployment, an occupational license, or an 
occupational certification solely or in part 
because of a directly related conviction, the 
covered entity shall, prior to making a 
final decision— 
‘‘(I) notify the individual in writ-
ing of— 
‘‘(aa) the directly related 
conviction that forms the basis 
for the potential disqualification; 
and 
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‘‘(bb) the rationale for how 
the conviction is directly related 
to the position or occupation; 
‘‘(II) provide the individual a 
copy of the conviction history report, 
if any, on which the covered entity re-
lies; and 
‘‘(III) provide the individual ex-
amples of mitigation or rehabilitation 
evidence (as described in subpara-
graph (C)) that the individual may 
voluntarily provide. 
‘‘(ii) RESPONSE.—A qualifying back-
ground check law shall provide that not 
later than 30 days after the date on which 
an individual receives a notice of potential 
disqualification described in clause (i), the 
individual may respond to the notice by— 
‘‘(I) challenging the accuracy of 
the conviction history report; or 
‘‘(II) submitting evidence of miti-
gation or rehabilitation. 
‘‘(iii) FINAL DECISION.—A qualifying 
background check law shall provide that a 
covered entity shall make a final decision 
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based on an individualized assessment of 
the information described in subparagraph 
(C), including any information described in 
clause (ii) of this subparagraph submitted 
by the individual. 
‘‘(iv) NOTICE OF FINAL DECISION.—A 
qualifying background check law shall pro-
vide that if a covered entity disqualifies an 
individual from employment, an occupa-
tional license, or an occupational certifi-
cation solely or in part because of a di-
rectly related conviction, the covered entity 
shall notify the individual in writing of— 
‘‘(I) the final decision, includ-
ing— 
‘‘(aa) a list of each directly 
related conviction that forms the 
basis for the decision; and 
‘‘(bb) the rationale for how 
the conviction is directly related 
to the position; 
‘‘(II) additional appeal proce-
dures, if any, including opportunities 
for administrative or judicial review; 
and 
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‘‘(III) the earliest date on which 
the individual may reapply for the em-
ployment, occupational license, or oc-
cupational certification. 
‘‘(E) EDUCATION, OUTREACH, AND TRANS-
PARENCY
ACTIVITIES.—A 
qualifying 
back-
ground check law shall provide that a covered 
entity shall— 
‘‘(i) adopt education and outreach 
policies developed with the input of key 
stakeholders, including individuals with ar-
rest and conviction records; 
‘‘(ii) explain to the public (including 
on the website of the covered entity, if ap-
plicable) how the covered entity uses crimi-
nal history information in making decisions 
with respect to employment, occupational 
licensing, or occupational certification, as 
applicable; and 
‘‘(iii) offer individuals access at any 
time (including before obtaining any re-
quired education or training) to guidance 
on the impact of a conviction or arrest on 
the application process for employment, oc-
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cupational licensing, or occupational cer-
tification, as applicable. 
‘‘(4) COMPLIANCE
REVIEW.—Not later than 
180 days after the date on which this subsection 
takes effect, and semiannually thereafter, the Attor-
ney General shall review the compliance of States 
and political subdivisions thereof with the require-
ment under paragraph (2).’’. 
(b) FEDERAL REQUIREMENTS.— 
(1) CONSIDERATION OF CRIMINAL HISTORY IN-
FORMATION CONSISTENT WITH QUALIFYING BACK-
GROUND CHECK LAW.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, other than a provision 
described in subparagraph (B), consideration of 
the criminal history information of an indi-
vidual for purposes of employment, occupational 
licensing, or occupational certification of the in-
dividual, or any similar purpose, that is re-
quired or authorized under any provision of 
Federal law shall be carried out in accordance 
with the requirements described in section 
534(g)(3) of title 28, United States Code, as 
added by subsection (a). 
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(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply to the consideration of the 
criminal history information of an individual 
under any provision of law governing— 
(i) Federal employment; 
(ii) the Armed Forces; 
(iii) law enforcement; or 
(iv) national security. 
(2) RELATION
TO
OTHER
LAW.—Nothing in 
paragraph (1) shall be construed to supersede any 
other provision of Federal law that imposes require-
ments relating to the availability and use of criminal 
history information that is more favorable to an in-
dividual with a criminal history than the require-
ments described in section 534(g)(3) of title 28, 
United States Code, as added by subsection (a). 
(3) REGULATIONS.—Not later than 180 days 
after the date of enactment of this Act, the head of 
an agency that administers a provision of law af-
fected by paragraph (1) shall promulgate any regu-
lations necessary to comply with that paragraph. 
(c) EFFECTIVE DATE.—Subsections (a) and (b)(1), 
the amendments made by those subsections, and the regu-
lations promulgated under subsection (b)(3) shall take ef-
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fect on the date that is 1 year after the date of enactment 
of this Act. 
SEC. 803. TRANSPARENCY AND ACCOUNTABILITY STUDY. 
(a) BUREAU
OF
JUSTICE
STATISTICS
ANNUAL 
STUDY.—Not later than 1 year after the date of enact-
ment of this Act, and each year thereafter, the Bureau 
of Justice Statistics shall conduct a study, and submit a 
report to Congress on that study, that— 
(1) collects data on the Federal and State laws 
that result in the disqualification of applicants for 
employment, an occupational license, or an occupa-
tional certification based on the criminal record of 
the applicant; 
(2) focuses on the disqualifying offenses and 
the racial, gender, and ethnic profile of the appli-
cants disqualified under the laws described in para-
graph (1); and 
(3) examines the reversal rates and impact on 
employment opportunities that result from the pro-
cedures to appeal a potential disqualification from 
employment, an occupational license, or an occupa-
tional certification required under section 802 and 
the amendments made by that section. 
(b) DATA SUBMISSION BY FEDERAL AGENCIES AND 
STATES.—A State that wishes to access to a record as 
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described in subsection (g)(2) of section 534 of title 28, 
United States Code, (as added by this title) and each Fed-
eral agency that administers a provision of law affected 
by section 802(b) shall regularly collect and submit to the 
Bureau of Justice Statistics, for purposes of the annual 
study under subsection (a) of this section, any applicable 
data described in subsection (a) of this section. 
TITLE IX—REDEEM ACT 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Record Expungement 
Designed to Enhance Employment Act of 2019’’ or the 
‘‘REDEEM Act’’. 
SEC. 902. SEALING OF CRIMINAL RECORDS. 
(a) FINDING.—Congress finds that the definition of 
the term ‘‘crime of violence’’ recommended by the United 
States Sentencing Commission in the report entitled ‘‘Re-
port to the Congress: Career Offender Sentencing En-
hancements’’, published in August 2016, is clearer and 
more specific than the definitions currently used in title 
18, United States Code, and should be used to determine 
the type of offenses eligible for sealing under the amend-
ments made by this section. 
(b) AMENDMENT.—Chapter 229 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘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. 
‘‘§ 3641. Definitions; eligible individuals 
‘‘(a) DEFINITIONS.—In this subchapter— 
‘‘(1) the term ‘covered nonviolent offense’ 
means a Federal criminal offense that is not— 
‘‘(A) a crime of violence; or 
‘‘(B) a sex offense, as defined in section 
111 of the Sex Offender Registration and Noti-
fication Act (34 U.S.C. 20911); 
‘‘(2) the term ‘crime of violence’ means any of-
fense under Federal or State law, punishable by im-
prisonment for a term exceeding 1 year, that— 
‘‘(A) has as an element the use, attempted 
use, or threatened use of physical force against 
the person of another; or 
‘‘(B) is— 
‘‘(i) murder; 
‘‘(ii) voluntary manslaughter; 
‘‘(iii) kidnapping; 
‘‘(iv) aggravated assault; 
‘‘(v) a forcible sex offense; 
‘‘(vi) robbery; 
‘‘(vii) arson; 
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‘‘(viii) extortion; or 
‘‘(ix) the use or unlawful possession 
of— 
‘‘(I) a firearm, as defined in sec-
tion 5845(a) of the Internal Revenue 
Code of 1986; or 
‘‘(II) explosive materials, as de-
fined in section 841(c); 
‘‘(3) the term ‘eligible individual’ means an in-
dividual who— 
‘‘(A) has been arrested for or convicted of 
a covered nonviolent offense; 
‘‘(B) in the case of a conviction described 
in subparagraph (A), has fulfilled each require-
ment of the sentence for the covered nonviolent 
offense, including— 
‘‘(i) completing each term of imprison-
ment, probation, or supervised release; and 
‘‘(ii) satisfying each condition of im-
prisonment, probation, or supervised re-
lease; 
‘‘(C) subject to subsection (b), has not 
been convicted of more than 2 felonies that are 
covered nonviolent offenses, including any such 
convictions that have been sealed; and 
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