I 
117TH CONGRESS 
1ST SESSION H. R. 4020 
To reform United States drug policy, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2021 
Mrs. WATSON COLEMAN (for herself, Ms. BUSH, Ms. MOORE of Wisconsin, 
Mr. THOMPSON of Mississippi, Ms. PRESSLEY, Ms. OCASIO-CORTEZ, Mr. 
ESPAILLAT, Ms. LEE of California, Ms. OMAR, Mr. BOWMAN, and Ms. 
TLAIB) introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Energy and Com-
merce, Oversight and Reform, Financial Services, Transportation and In-
frastructure, House Administration, Armed Services, and the Budget, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To reform United States drug policy, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drug Policy Reform 
Act of 2021’’ or as the ‘‘DPR Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) For most of the past century the United 
States has adopted increasingly punitive policies to-
ward the possession, use, and distribution of drugs. 
Particularly in the last 50 years, the United States 
has built a massive regime to enforce those policies. 
(2) Congress and State legislatures have adopt-
ed increasingly harsh sentencing schemes such as 
mandatory minimums, established far-reaching and 
oppressive 
civil 
sanctions 
and 
collateral 
con-
sequences, approved policies weakening the Fourth 
Amendment for drug searches and seizures, and fos-
tered incentives for aggressive and militarized polic-
ing in the alleged pursuit of drugs. 
(3) Every year, there are more than 1.4 million 
arrests in the United States for drug-related of-
fenses. In over 85 percent of those arrests, drug pos-
session was the most serious offense. Drug arrests 
disproportionately impact people of color and more 
commonly occur in historically overpoliced, low-in-
come communities. A criminal record, even for an 
arrest that did not result in a conviction, has a pro-
found impact on individuals, often interrupting em-
ployment, housing, family relationships, child cus-
tody, and education. 
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(4) A health-based approach to drug use and 
overdose is more effective, humane and cost-effective 
than criminal punishments. Subjecting people to 
criminal penalties, stigma, and other lasting collat-
eral consequences because they use drugs is expen-
sive, ruins lives, and can make access to treatment 
and recovery more difficult. 
(5) Despite high numbers of arrests and incar-
ceration in the United States for drug possession, 
the number and rate of drug-involved overdose 
deaths has skyrocketed for over 20 years and con-
tinues at epidemic levels. In 2019, 70,630 people 
died by drug overdose in the United States. 
(6) Harm reduction services and voluntary, on- 
demand access to evidence-based substance use dis-
order treatment have proven highly effective in re-
ducing overdose and the spread of communicable 
diseases like HIV and Hepatitis C, preventing drug- 
related injury, and improving health outcomes for 
people who use drugs. These services should be 
available on demand to anyone who requests it. 
(7) Far too many people who desire treatment 
face challenges that prevent them from accessing the 
services they want, including cost barriers, lack of 
providers, and long wait-lists. On-demand access to 
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evidence-based treatment saves lives, reduces crime, 
and saves money. Barriers to treatment should be 
removed or minimized. 
(8) Criminalizing drug use and possession re-
duces the amount of resources available for harm re-
duction and treatment services and deters people 
from accessing available services due to fear of ar-
rest. 
(9) Punitive policies have achieved no reduction 
in supplies or prices, but instead have created un-
necessarily risky and harmful conditions for people 
who use drugs. 
(10) Punitive policies have led to militarized 
tactics that thwart the spirit of the constitution and 
have led to the deaths of countless Black and Brown 
people. Additionally, the drug war apparatus has 
cost the Federal Government hundreds of billions of 
dollars in direct enforcement and incarceration costs, 
and collateral impacts on the lives of those caught 
in its path. 
(11) While drug decriminalization cannot fully 
repair our broken and oppressive criminal legal sys-
tem or the harms of an unregulated drug market, 
shifting from absolute prohibition to drug decrimi-
nalization helps restore individual liberty, protect 
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against some police abuses, better assist those in 
need, and save tax dollars. 
(12) This concept is neither new nor radical. 
Other nations, including Portugal, have successfully 
decriminalized personal use quantities of drugs and 
achieved meaningful improvements in treating prob-
lematic drug use and reducing the harms of policing 
drugs. 
(13) In June 2021, the United States will mark 
the 50th anniversary of Congress’ enactment of the 
Controlled Substances Act (21 U.S.C. 801 et seq.), 
which authorized and launched the harsh drug war 
policies sought by the Nixon Administration. In this 
moment, Congress must recognize the failed experi-
ment in prohibition and move the country in a new 
direction. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that the United States 
should— 
(1) refocus its strategies for addressing sub-
stance use disorder and dangerous drug use from 
strategies focused on controlling and punishing un-
authorized drug possession to a system that is 
health focused, evidence-based, and respectful of 
self-determination; 
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(2) invest in harm-reduction services and sub-
stance use disorder treatment to help prevent over-
dose and other health risks, and strengthen connec-
tions to services that provide foundational social and 
economic support; and 
(3) pursue international treaties that expand 
flexibility for signatories to enact non-punitive strat-
egies to address the health and safety of people who 
use drugs, including the decriminalization of the 
possession, purchase, or cultivation of personal use 
quantities of drugs. 
SEC. 4. SHIFT REGULATORY AUTHORITY. 
(a) AUTHORITY AND CRITERIA FOR CLASSIFICATION 
OF SUBSTANCES.—Section 201 of the Controlled Sub-
stances Act (21 U.S.C. 811) is amended by striking ‘‘At-
torney General’’ and inserting ‘‘Secretary of Health and 
Human Services’’ each place it appears. 
(b) REMOVAL OF EXEMPTION OF CERTAIN DRUGS.— 
Section 204 of the Controlled Substances Act (21 U.S.C. 
814) is amended by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Health and Human Services’’ each 
place it appears. 
(c) TRANSFER PLAN.— 
(1) REPORT
TO
CONGRESS.—Not later than 
180 days after the date of the enactment of this Act, 
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the Attorney General and the Secretary of Health 
and Human Services shall jointly develop and sub-
mit to the Congress a plan for transferring informa-
tion necessary to effect the transfer of classification 
responsibility required under this section. 
(2) REPORT TO GENERAL SERVICES ADMINIS-
TRATION.—Not later than 180 days after the date 
of the enactment of this Act, the Attorney General 
shall transmit to the Administrator of the General 
Services Administration a report that specifies the 
property that is specific to the functions to be trans-
ferred to the Secretary of Health and Human Serv-
ices pursuant to this section. 
SEC. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL 
USE POSSESSION. 
(a) IN GENERAL.—Section 404 of the Controlled 
Substances Act (21 U.S.C. 844) is amended by adding at 
the end the following new subsection: 
‘‘(b) PERSONAL USE EXCEPTION.—(1) A person pos-
sessing or using a controlled substance in an amount no 
greater than the benchmark amount (determined by the 
Commission on Substance Use, Health, and Safety estab-
lished by the Drug Policy Reform Act of 2021) shall not 
be subject to a criminal or civil penalty under this section. 
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‘‘(2) The suspected possession or use of a controlled 
substance in an amount no greater than the benchmark 
amount (determined by the Commission on Substance 
Use, Health, and Safety established by the Drug Policy 
Reform Act of 2021) shall not constitute a basis for de-
taining, searching, arresting, questioning or surveilling 
any person, or seizing property including, controlled sub-
stances and any items used for the ingestion, consump-
tion, preparation, packaging, or storage of a controlled 
substance. 
‘‘(3) The suspected possession or use of a controlled 
substance in an amount no greater than the benchmark 
amount shall not constitute a basis for any referral to any 
immigration enforcement agency, U.S. Citizenship and 
Immigration Services, U.S. Immigration and Customs En-
forcement, and U.S. Customs and Border Protection.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 180 
days after the date of the enactment of this Act. 
(c) REPEAL.—Section 405 of the Controlled Sub-
stances Act (21 U.S.C. 844a) is repealed. 
SEC. 6. COMMISSION ON SUBSTANCE USE, HEALTH, AND 
SAFETY. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
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Health and Human Services shall establish a ‘‘Commis-
sion on Substance Use, Health, and Safety’’ (hereinafter 
known as the ‘‘Commission’’). 
(b) PURPOSE.— 
(1) BENCHMARKS.— 
(A) IN GENERAL.—The Commission under 
paragraph (1) shall determine a benchmark 
amount for a controlled substance. The Com-
mission shall consist of people with current or 
past substance use needs and qualified persons 
in the fields of general and behavioral 
healthcare, harm reduction, and substance use 
disorder treatment. Priority shall be given to 
people who have lived experience with substance 
use needs the quantity of drug commonly pos-
sessed by an individual benchmark personal use 
supply, for controlled substances. 
(B) DUTIES.—The Commission shall con-
sider the following in developing the bench-
marks under subparagraph (A)— 
(i) common patterns of use by typical 
consumers of the drug; 
(ii) differences in commonly possessed 
quantities resulting from factors relating 
to geography, income, employment, and 
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other related demographic characteristics; 
and 
(iii) differences in commonly pos-
sessed quantities resulting from varying 
modes of use. 
(2) REDUCED CRIMINALIZATION.—Benchmarks 
advised by the Commission under subparagraph (A) 
shall be developed consistent with the intent of this 
Act to reduce criminalization of personal drug use. 
(c) MEMBERSHIP.—The Commission under sub-
section (a) shall be composed of at least 18 members and 
shall include: 
(1) VOTING MEMBERS.— 
(A) Four individuals who have either used 
controlled substances or are using controlled 
substances on the date of the enactment of this 
Act. 
(B) Two members of communities that 
have been disproportionately impacted by ar-
rests, prosecution or sentencing for drug of-
fenses. 
(C) One peer support specialist. 
(D) A harm reduction service provider. 
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(E) A person specializing in housing serv-
ices for people with substance use needs or 
mental health needs. 
(F) A physician specializing in addiction 
medicine and with expertise in the treatment of 
opioid 
use 
disorders 
with 
methadone 
or 
buprenorphine. 
(G) A provider of evidence-based substance 
use disorder treatment. 
(H) A provider of evidence-based services 
for people with co-occurring mental health and 
substance use needs. 
(I) A licensed clinical social worker with 
expertise in providing intensive case manage-
ment to people with substance use needs. 
(J) A person who works for a nonprofit or-
ganization that advocates for persons with sub-
stance use needs. 
(K) An expert on legal reform who is not 
a law enforcement officer. 
(L) An academic researcher specializing in 
drug use or drug policy. 
(M) A person who represents the needs of 
and concerns of Indigenous communities. 
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(2) NON-VOTING
MEMBER.—A designee of a 
State Health Agency shall serve on the Commission 
as a non-voting member. 
(d) TERMS.—A member of the Commission shall 
serve for a term of three years and may be reappointed 
by the Secretary for additional terms thereafter. 
(e) MEETINGS.—Not later than 180 days after the 
date of the enactment of this Act, and at minimum four 
times per calendar year thereafter, the Commission shall 
convene to establish and review the benchmarks estab-
lished under paragraph (2) and make any necessary 
amendments or further guidance with respect to the re-
sponsibilities of the Commission. 
(f) REPORTING.— 
(1) PERSONAL
USE
GUIDELINES.—Not later 
than 18 months after the date of the enactment of 
this Act, the Secretary shall publish online on the 
internet website of the Department of Health and 
Human Services a report on personal use guidelines, 
including— 
(A) guidelines for the benchmark personal 
use supply for each drug; and 
(B) recommendations for preventing the 
prosecution of individuals possessing, distrib-
uting, or dispensing personal use quantities of 
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each drug for purposes of subsistence distribu-
tion. 
(2) REPORT TO DEPARTMENT OF JUSTICE.— 
Not later than one year after the date of the enact-
ment of this Act, the report on personal use guide-
lines published under paragraph (1) shall be trans-
mitted to the Attorney General. 
(3) REPORT TO CONGRESS.—Not later than one 
year after the date of the enactment of this Act the 
report on personal use guidelines published under 
paragraph (1) shall be transmitted to the Attorney 
General. 
(4) REPORT TO THE FEDERAL COURTS.—Not 
later than one year after the date of the enactment 
of this Act, the report on personal use guidelines 
published under paragraph (1) shall be transmitted 
to each Federal district court. 
(5) REPORT TO THE CHIEF LAW ENFORCEMENT 
OFFICER OF EACH STATE.—Not later than one year 
after the date of the enactment of this Act, the re-
port on personal use guidelines published under 
paragraph (1) shall be transmitted to each chief law 
enforcement officer of each State. 
(g) DEFINITIONS.—In this subsection: 
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(1) BENCHMARK PERSONAL USE SUPPLY.—The 
term ‘‘benchmark personal use supply’’ means the 
amount of a drug commonly possessed for consump-
tion by an individual for any therapeutic, medicinal, 
recreational purpose. 
(2) 
CONTROLLED
SUBSTANCE.—The 
term 
‘‘controlled substance’’ shall have the same meaning 
given such term in section 102 of the Controlled 
Substances Act (21 U.S.C. 802). 
(3) SUBSISTENCE
DISTRIBUTION.—The term 
‘‘subsistence distribution’’ means the unlawful dis-
tribution or dispensing of a drug by a person in 
quantities consistent with supporting that person’s 
drug addiction or ensuring basic food and shelter 
necessary to support life, and possession of no more 
than a benchmark personal use supply. 
(4) HARM
REDUCTION
SERVICES.—The term 
‘‘harm reduction services’’ means services and poli-
cies that lessen the adverse consequences of drug use 
and protect public health, including but not limited 
to overdose prevention education, access to naloxone 
hydrochloride and sterile syringes, and stimulant- 
specific drug education and outreach. 
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SEC. 7. EXPUNGEMENT AND SEALING OF RECORDS. 
(a) AUTOMATIC SEALING CERTAIN RECORDS.—Not 
later than one year after the date of the enactment of this 
Act, each Federal district court shall conduct a com-
prehensive review to identify individuals eligible to have 
a record of conviction or adjudication of juvenile delin-
quency that may be sealed pursuant to this Act and shall 
issue an order expunging each conviction or adjudication 
for a Federal offense entered by each Federal court in the 
district for a conviction of possession of a controlled sub-
stance in an amount equal to or less than the benchmark 
amount established under this Act. 
(b) ARRESTS.—The Federal court shall issue an 
order expunging any arrest by a Federal law enforcement 
agency with respect to an expunged conviction or adjudica-
tion of juvenile delinquency under subsection (a). 
(c) EFFECT OF EXPUNGEMENT.—An individual who 
has had an arrest, conviction, or adjudication of juvenile 
delinquency expunged under this section— 
(1) may treat the arrest, conviction, or adju-
dication as if it never occurred; and 
(2) shall be immune from any civil or criminal 
penalties related to perjury, false swearing, or false 
statements, for a failure to disclose such arrest, con-
viction, or adjudication. 
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(d) NOTIFICATION.—To the extent practicable, each 
Federal district court shall notify each individual whose 
arrest, conviction, or adjudication of juvenile delinquency 
has been expunged under this section and the effect of 
such expungement. 
(e) RIGHT TO PETITION FOR SEALING.—After the 
date of the enactment of this Act, an individual with a 
conviction or adjudication of juvenile delinquency for an 
eligible offense not sealed pursuant to subsection (a) may 
file a motion for expungement. If the expungement of such 
a conviction or adjudication of juvenile delinquency is re-
quired pursuant to this Act, the court shall expunge the 
conviction or adjudication, and any associated arrests. If 
the individual is indigent, counsel shall be appointed to 
represent the individual in any proceedings under this sub-
section. 
(f) FEES PROHIBITED.—No fee shall be imposed for 
filing a petition or any proceeding provided for under this 
section. 
(g) EXPUNGE DEFINED.—In this subsection, the 
term ‘‘expunge’’ means, with respect to an arrest, a con-
viction, or adjudication of juvenile delinquency, the re-
moval of the record of such arrest, conviction, or adjudica-
tion from each official index and public record. 
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SEC. 8. RELIEF FOR INDIVIDUALS INCARCERATED OR ON 
SUPERVISION FOR CERTAIN DRUG CONVIC-
TIONS. 
(a) IN GENERAL.—Not later than 30 days after the 
date of the enactment of this Act, an individual under a 
criminal justice sentence for an eligible offense, the court 
that imposed the sentence shall conduct a sentencing re-
view hearing. 
(b) RESULTS OF A SENTENCING HEARING.—Fol-
lowing a sentencing review hearing under subsection (a), 
a court shall: 
(1) Vacate the existing sentence or disposition 
of juvenile delinquency for any eligible offense. 
(2) Order that all records related to a convic-
tion or adjudication of juvenile delinquency that has 
been vacated be sealed and only be made available 
by further order of the court. 
(c) INDIGENT REPRESENTATION.—If the individual 
is indigent, counsel shall be appointed to represent the in-
dividual in any sentencing review proceedings under this 
section. 
SEC. 9. ELIMINATING COLLATERAL CONSEQUENCES OF 
DRUG POSSESSION CONVICTIONS. 
(a) DRUG TESTING FOR FEDERAL BENEFITS.—No 
person shall be denied access to or prohibited from receiv-
ing any Federal benefit, program, or supportive service 
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otherwise available on the basis of having been previously 
convicted of or having a pending criminal case involving 
the possession of a controlled substance. 
(b) FOOD BENEFITS AND FAMILY ASSISTANCE.— 
Section 421a of the Controlled Substances Act (21 U.S.C. 
862a) is repealed. 
(c) PROHIBITING DENIAL
OF HOUSING ASSIST-
ANCE.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, an applicant shall be denied assist-
ance, evicted, or considered ineligible for housing as-
sistance under title 8 of the Civil Rights Act of 1968 
by reason of possession of a controlled substance. 
(2) REPEAL.—Section 6(t) of the United States 
Housing Act of 1937 (42 U.S.C. 1437d(t)) is re-
pealed. 
(d) OTHER FEDERAL BENEFITS.—Section 421(b) of 
the Controlled Substances Act (21 U.S.C. 862(b)) is re-
pealed. 
(e) ELIMINATE IMMIGRATION AND REMOVAL CON-
SEQUENCES.—Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)) is amended by 
striking paragraph (43) and inserting the following new 
paragraph: 
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‘‘(43) AGGRAVATED
FELONY.—The term ‘ag-
gravated felony’ means— 
‘‘(A) murder, rape, or sexual abuse of a 
minor; 
‘‘(B) illicit trafficking in a controlled sub-
stance (as defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)), in-
cluding a drug trafficking crime (as defined in 
section 924(c) of title 18). 
‘‘ ‘except that no applicant shall be denied assist-
ance, evicted, or deemed ineligible under this title by 
reason of conviction for possessing a controlled sub-
stance for personal use.’.’’. 
(f) DRIVERS’ LICENSES OF INDIVIDUALS CONVICTED 
OF DRUG OFFENSES.—Section 159 of title 23, United 
States Code, is repealed. 
SEC. 10. PROTECT VOTING RIGHTS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The right to vote is the most basic constitu-
tive act of citizenship. Regaining the right to vote 
reintegrates individuals with criminal convictions 
into free society, helping to enhance public safety. 
(2) Article I, section 4, of the Constitution 
grants Congress ultimate supervisory power over 
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Federal elections, an authority which has repeatedly 
been upheld by the Supreme Court. 
(3) Basic constitutional principles of fairness 
and equal protection require an equal opportunity 
for citizens of the United States to vote in Federal 
elections. The right to vote may not be abridged or 
denied by the United States or by any State on ac-
count of race, color, gender, or previous condition of 
servitude. The 13th, 14th, 15th, 19th, 24th, and 
26th Amendments to the Constitution empower Con-
gress to enact measures to protect the right to vote 
in Federal elections. The 8th Amendment to the 
Constitution provides for no excessive bail to be re-
quired, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 
(4) There are 3 areas in which discrepancies in 
State laws regarding criminal convictions lead to un-
fairness in Federal elections: 
(A) The lack of a uniform standard for 
voting in Federal elections leads to an unfair 
disparity and unequal participation in Federal 
elections based solely on where a person lives. 
(B) Laws governing the restoration of vot-
ing rights after a criminal conviction vary 
throughout the country, and persons in some 
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States can easily regain their voting rights 
while in other States persons effectively lose 
their right to vote permanently. 
(C) State disenfranchisement laws dis-
proportionately impact racial and ethnic minori-
ties. 
(5) Two States (Maine and Vermont), the Dis-
trict of Columbia, and the Commonwealth of Puerto 
Rico do not disenfranchise individuals with criminal 
convictions at all, but 48 States have laws that deny 
convicted individuals the right to vote while they are 
in prison. 
(6) In some States disenfranchisement results 
from varying State laws that restrict voting while in-
dividuals are under the supervision of the criminal 
justice system or after they have completed a crimi-
nal sentence. In 30 States, convicted individuals may 
not vote while they are on parole and 27 States dis-
enfranchise individuals on felony probation as well. 
In 11 States, a conviction can result in lifetime dis-
enfranchisement. 
(7) Several States deny the right to vote to in-
dividuals convicted of certain misdemeanors. 
(8) An estimated 5,200,000 citizens of the 
United States, or about 1 in 44 adults in the United 
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States, currently cannot vote as a result of a felony 
conviction. Of the 5,200,000 citizens barred from 
voting, only 24 percent are in prison. By contrast, 
75 percent of the disenfranchised reside in their 
communities while on probation or parole or after 
having completed their sentences. Approximately 
2,200,000 citizens who have completed their sen-
tences remain disenfranchised due to restrictive 
State laws. In at least 6 States—Alabama, Florida, 
Kentucky, Mississippi, Tennessee, and Virginia— 
more than 5 percent of the total voting-age popu-
lation is disenfranchised. 
(9) In those States that disenfranchise individ-
uals post-sentence, the right to vote can be regained 
in theory, but in practice this possibility is often 
granted in a non-uniform and potentially discrimina-
tory manner. Disenfranchised individuals must ei-
ther obtain a pardon or an order from the Governor 
or an action by the parole or pardon board, depend-
ing on the offense and State. Individuals convicted 
of a Federal offense often have additional barriers to 
regaining voting rights. 
(10) State disenfranchisement laws dispropor-
tionately impact racial and ethnic minorities. More 
than 6 percent of the African-American voting-age 
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population, or 1,800,000 African Americans, are 
disenfranchised. Currently, 1 of every 16 voting-age 
African Americans are rendered unable to vote be-
cause of felony disenfranchisement, which is a rate 
more than 3.7 times greater than non-African Amer-
icans. Over 6 percent of African-American adults are 
disenfranchised whereas only 1.7 percent of non-Af-
rican Americans are. In 7 States (Alabama, 16 per-
cent; Florida, 15 percent; Kentucky, 15 percent; 
Mississippi, 16 percent; Tennessee, 21 percent; Vir-
ginia, 16 percent; and Wyoming, 36 percent), more 
than 1 in 7 African Americans are unable to vote 
because of prior convictions, twice the national aver-
age for African Americans. 
(11) Latino citizens are disproportionately 
disenfranchised based upon their disproportionate 
representation in the criminal justice system. In re-
cent years, Latinos have been imprisoned at 2.5 
times the rate of Whites. More than 2 percent of the 
voting-age Latino population, or 560,000 Latinos, 
are disenfranchised due to a felony conviction. In 34 
states Latinos are disenfranchised at a higher rate 
than the general population. In 11 states 4 percent 
or more of Latino adults are disenfranchised due to 
a felony conviction (Alabama, 4 percent; Arizona, 7 
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percent; Arkansas, 4 percent; Idaho, 4 percent; 
Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 
percent; Mississippi, 5 percent; Nebraska, 6 percent; 
Tennessee, 11 percent, Wyoming, 4 percent), twice 
the national average for Latinos. 
(12) Disenfranchising citizens who have been 
convicted of a criminal offense and who are living 
and working in the community serves no compelling 
State interest and hinders their rehabilitation and 
reintegration into society. 
(13) State disenfranchisement laws can sup-
press electoral participation among eligible voters by 
discouraging voting among family and community 
members of disenfranchised persons. Future elec-
toral participation by the children of disenfranchised 
parents may be impacted as well. 
(14) The United States is the only Western de-
mocracy that permits the permanent denial of voting 
rights for individuals with felony convictions. 
(b) RIGHTS OF CITIZENS.—The right of an individual 
who is a citizen of the United States to vote in any election 
for Federal office shall not be denied or abridged because 
that individual has been convicted of a criminal offense. 
(c) ENFORCEMENT.— 
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(1) ATTORNEY GENERAL.—The Attorney Gen-
eral may, in a civil action, obtain such declaratory 
or injunctive relief as is necessary to remedy a viola-
tion of this section. 
(2) PRIVATE RIGHT OF ACTION.— 
(A) IN GENERAL.—A person who is ag-
grieved by a violation of this subsection may 
provide written notice of the violation to the 
chief election official of the State involved. 
(B) RELIEF.—Except as provided in clause 
(iii), if the violation is not corrected within 90 
days after receipt of a notice under clause (i), 
or within 20 days after receipt of the notice if 
the violation occurred within 120 days before 
the date of an election for Federal office, the 
aggrieved person may, in a civil action, obtain 
declaratory or injunctive relief with respect to 
the violation. 
(C) EXCEPTION.—If the violation occurred 
within 30 days before the date of an election for 
Federal office, the aggrieved person need not 
provide notice to the chief election official of the 
State under clause (i) before bringing a civil ac-
tion to obtain declaratory or injunctive relief 
with respect to the violation. 
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(d) NOTIFICATION
OF RESTORATION
OF VOTING 
RIGHTS.— 
(1) STATE NOTIFICATION.— 
(A) NOTIFICATION.—On the date deter-
mined under clause (ii), each State shall notify 
in writing any individual who has been con-
victed of a criminal offense under the law of 
that State that such individual has the right to 
vote in an election for Federal office pursuant 
to the Democracy Restoration Act of 2021 and 
may register to vote in any such election and 
provide such individual with any materials that 
are necessary to register to vote in any such 
election. 
(B) DATE OF NOTIFICATION.— 
(i) FELONY CONVICTION.—In the case 
of such an individual who has been con-
victed of a felony, the notification required 
under clause (i) shall be given on the date 
on which the individual— 
(I) is sentenced to serve only a 
term of probation; or 
(II) is released from the custody 
of that State (other than to the cus-
tody of another State or the Federal 
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(I) in the case of an individual 
who is sentenced to serve only a term 
of probation, by the Assistant Direc-
tor for the Office of Probation and 
Pretrial Services of the Administrative 
Office of the United States Courts on 
the date on which the individual is 
sentenced; or 
(II) in the case of any individual 
committed to the custody of the Bu-
reau of Prisons, by the Director of the 
Bureau of Prisons, during the period 
beginning on the date that is 6 
months before such individual is re-
leased and ending on the date such in-
dividual is released from the custody 
of the Bureau of Prisons. 
(ii) MISDEMEANOR
CONVICTION.—In 
the case of such an individual who has 
been convicted of a misdemeanor, the noti-
fication required under clause (i) shall be 
given on the date on which such individual 
is sentenced by a court established by an 
Act of Congress. 
(e) RELATION TO OTHER LAWS.— 
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(1) 
STATE
LAWS
RELATING
TO
VOTING 
RIGHTS.—Nothing in this section shall be construed 
to prohibit the States from enacting any State law 
which affords the right to vote in any election for 
Federal office on terms less restrictive than those es-
tablished by this section. 
(2) CERTAIN FEDERAL ACTS.—The rights and 
remedies established by this section are in addition 
to all other rights and remedies provided by law, and 
neither rights and remedies established by this Act 
shall supersede, restrict, or limit the application of 
the Voting Rights Act of 1965 (52 U.S.C. 10301 et 
seq.) or the National Voter Registration Act of 1993 
(52 U.S.C. 20501 et seq.). 
(3) FEDERAL PRISON FUNDS.—No State, unit 
of local government, or other person may receive or 
use, to construct or otherwise improve a prison, jail, 
or other place of incarceration, any Federal funds 
unless that person has in effect a program under 
which each individual incarcerated in that person’s 
jurisdiction who is a citizen of the United States is 
notified, upon release from such incarceration, of 
that individual’s rights under section 1403. 
(f) PROHIBITION ON CIVIL ASSET FORFEITURES.— 
Section 413(a) of the Controlled Substances Act (21 
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U.S.C. 853(a)) is amended by striking ‘‘one year’’ and in-
serting ‘‘one year, except a person possessing a quantity 
of controlled substance solely for personal consumption,’’. 
SEC. 11. REINVEST FUNDS IN SUPPORTIVE PROGRAMS. 
(a) DRUG SAFETY GRANT PROGRAM.— 
(1) ESTABLISHMENT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Health and Human Services shall establish 
a grant program to support State and local efforts 
to expand access to substance abuse treatment, sup-
port harm-reduction services, and reduce the crim-
inalization of individuals who use drugs by sup-
porting the development or expansion of pre-arrest 
diversion programs. 
(2) DUTIES.—The grant program shall enhance 
programs that expand access to substance use treat-
ment, enhance the safety of individuals who use 
drugs, and reduce the entry of individuals who use 
drugs into the criminal legal system. 
(3) ELIGIBLE ENTITIES.— 
(A) IN GENERAL.—An eligible entity for a 
grant under this paragraph shall be an existing 
agency or organization, whether government or 
community-based that are engaged in activities 
designed to promote the health and welfare of 
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people who use drugs, facilitate the voluntary 
treatment of individuals with substance use dis-
order, provide assistance to individuals as an al-
ternative to criminal prosecution, or provide al-
ternatives to law enforcement first response 
services. 
(B) EXCEPTION.—A law enforcement enti-
ty or program that is led principally by a law 
enforcement entity are not eligible for grants 
provided by the program. 
(4) USE OF FUNDS.—An eligible entity under 
this paragraph may use grant funds for purposes of 
increasing access to— 
(A) low barrier substance use disorder 
treatment that is evidence-informed, trauma-in-
formed, culturally responsive, patient-centered, 
and non-judgmental (including medication as-
sisted treatment); 
(B) harm reduction programs and systems 
for connecting individuals to harm reduction 
interventions, including but not limited to over-
dose prevention education, access to naloxone 
hydrochloride and sterile syringes, stimulant- 
specific drug education and outreach, drug- 
checking services; 
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(C) peer support and recovery services; 
(D) 
non-police 
crisis-intervention 
and 
emergency response programs; 
(E) pre-arrest diversion programs; and 
(F) transitional, supportive, and perma-
nent housing for persons with substance use 
disorder. 
(b) FINDINGS AND INTENT.—Section 101 of the Con-
trolled Substances Act (21 U.S.C. 801) is amended by 
striking paragraphs (1), (2), (3), (4), (5), (6), and (7) and 
inserting the following new paragraphs: 
‘‘(1) Evidence-based regulations and education 
focused on protecting the health and safety of indi-
viduals who use controlled substances are necessary 
to ensure the general welfare of American people. 
‘‘(2) Since the enactment of the Comprehensive 
Drug Abuse Prevention and Control Act of 1970 the 
United States has expended substantial sums of 
funding on controlling personal consumption of con-
trolled substances while prohibiting many services 
that could help ensure the safety of the consumer 
drug products in common use and safer conditions 
for individuals who use drugs. The United States 
has spent over $1 trillion on drug control since en-
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‘‘(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-
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— 
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