port under subsection (e)(3)(B)) for purposes of 
conducting the study described in subsection (e)(3); 
(4) to a criminal justice agency (as defined by 
subsection (a)(1)), for the exclusive purpose of— 
(A) maintaining accurate official records; 
and 
(B) investigating or prosecuting an indi-
vidual or for conducting a background check on 
an individual who has applied for employment 
by such criminal justice agency, but only when 
the relevant official record is of conduct consti-
tuting a felony or a misdemeanor unrelated to 
marijuana and such record has appropriate 
redactions of any reference to official records 
expunged pursuant to this section; and 
(5) to the United States Department of Jus-
tice’s Office of Justice Programs (and its units or 
subunits), and to qualified academic researchers 
from relevant schools and centers at accredited non-
profit universities and colleges, for purpose of re-
search, evaluative, or statistical activities pursuant 
to an agreement with the Chief Justice of the 
United States and his or her designees (including 
the Administrative Office of the United States 
Courts) that specifically authorizes access to the in-
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formation, limits the use of the information to re-
search, evaluative, or statistical purposes, and in-
sures the confidentiality and security of the informa-
tion consistent with this section and with Federal 
law. 
(b) STUDY.—The Comptroller General of the United 
States, in consultation with the United States Secretary 
of Health and Human Services, shall conduct a study of 
arrests, legal proceedings, and any legal results or con-
sequences, as defined by subsection (a)(2)(A)(i)–(iii), for 
Federal marijuana-related misdemeanors, petty offenses, 
infractions, and civil penalties. 
(1) DEMOGRAPHICS.—Such study shall include 
information about the age, race, ethnicity, sex, and 
gender identity of those individuals with an official 
record for an expungable event, as well as informa-
tion about the type of community such individuals 
dwell in and such other demographic information as 
the Comptroller General determines should be in-
cluded. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this section, the Comp-
troller General of the United States shall report to 
Congress the results of the study conducted under 
this subsection. In consultation with the Chief Jus-
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tice of the Supreme Court, the Comptroller General 
of the United States shall also report to Congress on 
the implementation of this section, including issues 
relevant to future 
expungement 
efforts 
(e.g., 
expungement of Federal marijuana-related felonies, 
expungement of Federal offenses for other controlled 
substances, models for automatic record-clearing and 
for general expungement). 
(c) SUPPORT.—In addition to Federal funding and 
other resources afforded for staffing and implementation 
of this section— 
(1) at the discretion of the Chief Justice of the 
United States and his or her designees (including 
the court for the district at issue) and pursuant to 
rules and procedures established by the Chief Jus-
tice, legal researchers and law students from eligible 
nonprofit law schools accredited by the American 
Bar Association, as well as academic researchers and 
students from other relevant schools and centers at 
accredited nonprofit colleges and universities, may 
be retained (including on a pro bono basis) to con-
duct research and provide other support for the im-
plementation of this section; and 
(2) at the discretion of the Comptroller General 
of the United States and his or her designees and 
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pursuant to rules and procedures established by the 
Comptroller General, legal researchers and law stu-
dents from eligible nonprofit law schools accredited 
by the American Bar Association, as well as aca-
demic researchers and students from other relevant 
schools and centers at accredited nonprofit colleges 
and universities, may be retained (including on a pro 
bono basis) to conduct research and provide other 
support for the study described in subsection (e)(2). 
SEC. 7. PARDON REFERRAL. 
After issuing an order of expungement under sub-
section (b) or subsection (c), upon a finding of good cause, 
the court may refer the case or petition to the President 
of the United States and his or her designees (including 
the Pardon Attorney of the United States, notwith-
standing 28 CFR part 1 (Executive Clemency)), for review 
consistent with the authority granted to the President 
under article II, section 2 of the Constitution of the 
United States. 
SEC. 8. INAPPLICABILITY. 
The Administrative Procedure Act, 5 U.S.C. 551 et 
seq., and the Federal Advisory Committee Act, 5 U.S.C. 
Appendix, shall not apply to this section and to orders or 
other actions taken pursuant to it. 
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SEC. 9. INTERPRETATION AND SEVERABILITY. 
(a) Nothing in this section should be construed to 
preempt or supersede the laws of any State with respect 
to its authority to define and enforce the criminal law of 
that State, or with respect to any power reserved to the 
States respectively, or to the people, or to any citizen as 
a right, under the Constitution of the United States. This 
section does not annul, alter, or affect, or exempt any per-
son subject to this section from complying with, the laws 
of any State, except to the extent that those laws are in-
consistent with the provisions of this section, and then 
only to the extent of the inconsistency. This section shall 
not in any way abridge or alter the remedies now existing 
at common law or by statute, but consistent with sub-
section (d)(3)(B), the provisions of this section are in ad-
dition to such remedies. 
(b) If any provision of this section or the application 
thereof to any person or circumstance is held invalid, the 
remainder of this section, or the application of that provi-
sion to persons or circumstances other than those as to 
which it is held invalid, is not affected thereby. 
SEC. 10. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect 180 days after the date of enactment of this 
Act. 
Æ 
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