(2) does not include account statements, deposit 
slips, items deposited, or cancelled checks. 
(b) SUSPICIOUS ACTIVITY REPORTS.— 
(1) IN GENERAL.—A depository institution or 
any director, officer, employee, or agent of a deposi-
tory institution shall not be required to report a sus-
picious transaction as prescribed by the guidance 
issued by the Financial Crimes Enforcement Net-
work titled ‘‘BSA Expectations Regarding Mari-
juana-Related Businesses’’ (FIN–2014–G001; pub-
lished 
on 
February 
14, 
2014) 
or 
section 
21.11(c)(4)(1) of title 12, Code of Federal Regula-
tions, if— 
(A) the depository institution reasonably 
believes, based on customer due diligence, that 
the marijuana-related businesses to which it is 
providing financial services does not implicate 
one of the priorities outlined in the document 
entitled ‘‘Memorandum for All United States 
Attorneys: Guidance Regarding Marijuana En-
forcement’’ issued by James M. Cole on August 
29, 2013, nor violate the laws of the State in 
which marijuana-related business operates; and 
(B) the deposit account records of the de-
pository institution— 
VerDate Sep 11 2014 
04:28 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
(i) include— 
(I) identifying information of the 
account holder and related parties; 
and 
(II) addresses of the account 
holder and related parties; and 
(ii) state that— 
(I) the account holder is engaged 
in a marijuana-related business; and 
(II) no additional suspicious ac-
tivity has been identified. 
(2) SAFE HARBOR.—A depository institution or 
any director, officer, employee, or agent of a deposi-
tory institution that reports a suspicious transaction 
relating to a marijuana-related business shall be 
considered to have met the requirements of the guid-
ance described in paragraph (1). 
SEC. 206. BANKRUPTCY PROTECTION. 
Notwithstanding any other provision of law, a mari-
juana-related business shall be entitled to— 
(1) relief under chapter 7, 11, or 13 of title 11, 
United States Code; and 
(2) convert a case in accordance with section 
706, 1112, or 1307 of title 11, United States Code, 
as applicable. 
VerDate Sep 11 2014 
03:06 Apr 05, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
SEC. 207. TRIBAL MARIJUANA SOVEREIGNTY. 
(a) IN GENERAL.—The fact that an Indian tribe, a 
member of an Indian tribe, or a tribal entity is complying 
with the law of Indian tribe that has jurisdiction over the 
Indian country, as defined in section 1151 of title 18, 
United States Code, where the conduct occurs to produce, 
purchase, or possess marijuana on lands held in fee by 
that Indian tribe, lands held in trust by the United States 
for the benefit of that Indian tribe, or lands conveyed to 
an Alaska Native Corporation pursuant to the Alaska Na-
tive Claims Settlement Act (43 U.S.C. 1601 et seq.), shall 
not be considered when— 
(1) allocating or distributing Federal funds or 
other Federal benefits to the Indian tribe, a member 
of an Indian tribe, or the tribal entity; 
(2) determining the eligibility of the Indian 
tribe or the tribal entity for any contract, grant, or 
other agreement with the United States, or the re-
newal or modification thereof, where the legal pro-
duction, purchase, or possession of marijuana by the 
Indian tribe or a member of an Indian tribe would 
otherwise disqualify the Indian tribe from eligibility; 
(3) evaluating the ongoing compliance of the 
Indian tribe or the tribal entity with any contract, 
grant, or other agreement with the United States 
where the legal production, purchase, or possession 
VerDate Sep 11 2014 
04:28 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
of marijuana by the Indian tribe or a member of an 
Indian tribe would otherwise result in the Indian 
tribe or tribal entity being out of compliance; and 
(4) determining if the Indian tribe or a member 
of an Indian tribe is eligible for Federal benefits for 
which the Indian tribe or a member of an Indian 
tribe would otherwise be eligible. 
(b) CLARIFICATION.—This subsection shall not pro-
hibit consideration of income from the legal production, 
purchase, or possession of marijuana to the same extent 
that the other legal income would be considered when allo-
cating or distributing Federal funds or determining eligi-
bility for Federal benefits. 
(c) DEFINITIONS.—For purposes of this subsection: 
(1) TRIBAL ENTITY.—The term ‘‘tribal entity’’ 
means— 
(A) tribal organizations as defined in sec-
tion 4(l) of the Indian Self-Determination and 
Education Assistance Act of 1975 (25 U.S.C. 
5304(l)); 
(B) tribally designated housing entities as 
defined in section 4(22) of the Native American 
Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4103(22)); or 
VerDate Sep 11 2014 
04:28 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
(C) Indian-owned businesses and tribal en-
terprises as defined in paragraphs (5) and (8) 
of section 3 of the Native American Business 
Development, Trade Promotion, and Tourism 
Act of 2000 (25 U.S.C. 4302). 
(2) LEGALLY AUTHORIZED.—The term ‘‘legally 
authorized’’ means permitted under the laws of— 
(A) the United States; 
(B) the State where the lands held in fee 
by an Indian tribe or held in trust by the 
United States for the benefit on behalf of that 
Indian tribe are located; or 
(C) an Indian tribe. 
TITLE III—INDIVIDUAL 
PROTECTIONS 
SEC. 301. EXPUNGEMENT OF CRIMINAL RECORDS FOR CER-
TAIN MARIJUANA-RELATED OFFENSES. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Clean Slate for Marijuana Offenses Act of 2017’’. 
(b) EXPUNGEMENT.—Chapter 229 of title 18, United 
States Code, is amended by inserting after subchapter C 
the following: 
‘‘SUBCHAPTER D—EXPUNGEMENT 
‘‘Sec. 
‘‘3631. Expungement of certain criminal records in limited circumstances. 
‘‘3632. Requirements for expungement. 
‘‘3633. Procedure for expungement. 
VerDate Sep 11 2014 
03:06 Apr 05, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6211
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
‘‘3634. Effect of expungement. 
‘‘3635. Disclosure of expunged records. 
‘‘§ 3631. Expungement of certain criminal records in 
limited circumstances 
‘‘(a) IN GENERAL.—Any individual convicted of a 
qualifying marijuana-related offense who fulfills the re-
quirements of section 3632 may, upon petition for 
expungement made in accordance with this subchapter, 
obtain an order granting expungement under this sub-
chapter. 
‘‘(b) DEFINITION OF QUALIFYING MARIJUANA-RE-
LATED OFFENSE.—In this subchapter, the term ‘quali-
fying marijuana-related offense’ means an offense against 
the United States in which the conduct constituting the 
offense— 
‘‘(1) was legal under the State law or the law 
of the Indian tribe at the time of the offense; or 
‘‘(2) was the possession of marijuana in a quan-
tity is not greater than 1 ounce. 
‘‘(c) DEFINITIONS.—In this subchapter— 
‘‘(1) the term ‘Indian country’ has the meaning 
given the term in section 1151; 
‘‘(2) the term ‘Indian tribe’ has the meaning 
given the term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
5304); and 
VerDate Sep 11 2014 
04:28 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
‘‘(3) the term ‘State’ includes the District of 
Columbia, Puerto Rico, and any other territory or 
possession of the United States. 
‘‘§ 3632. Requirements for expungement 
‘‘No individual shall be eligible for an order of 
expungement under this subchapter unless, before filing 
a petition under this subchapter, such individual fulfills 
all requirements of the sentence for the conviction for 
which expungement is sought, including completion of any 
term of imprisonment or period of probation, meeting all 
conditions of a supervised release, and paying all fines. 
‘‘§ 3633. Procedure for expungement 
‘‘(a) PETITION.—An individual may file a petition for 
expungement of a conviction in the court in which the con-
viction was obtained. A copy of the petition shall be served 
by the court upon the United States Attorney for the judi-
cial district of that court. 
‘‘(b) OPPORTUNITY FOR GOVERNMENT TO CONTEST 
PETITION.—Not later than 60 days after the date a copy 
of a petition is served on the Government under subsection 
(a), the Government may, if the Government determines 
the facts do not support the petition, inform the court and 
the petitioner that the Government opposes granting 
expungement. If the Government does so inform the court 
and the petitioner, the court shall allow the Government 
VerDate Sep 11 2014 
04:28 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
and the petitioner an opportunity to present evidence and 
argument relating to the petition. 
‘‘(c) COURT-ORDERED EXPUNGEMENT.—If, after the 
passage of the 60-day period described in subsection (a) 
or earlier, if the Government informs the court it will not 
oppose granting expungement or if proceedings related to 
that opposition have been completed, the court determines 
the preponderance of the evidence before the court sup-
ports the granting of expungement under this subchapter, 
the court shall issue an order granting that expungement. 
If the court determines the petition is not supported by 
the preponderance of the evidence before the court, the 
court shall deny the petition. 
‘‘§ 3634. Effect of expungement 
‘‘(a) IN GENERAL.—An order granting expungement 
under this subchapter restores the individual concerned, 
in the contemplation of the law, to the status that indi-
vidual occupied before the arrest or the institution of 
criminal proceedings for the offense for which expunge-
ment is granted. 
‘‘(b) NO DISQUALIFICATION; STATEMENTS.—After 
an order under this subchapter granting expungement of 
an individual’s criminal records, that individual is not re-
quired to divulge information pertaining to the expunged 
conviction. The fact that such individual has been con-
VerDate Sep 11 2014 
04:28 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
victed of the criminal offense concerned shall not operate 
as a disqualification of that individual to pursue or engage 
in any lawful activity, occupation, or profession. Such indi-
vidual is not guilty of any perjury, false answering, or 
making a false statement by reason of that individual’s 
failure to recite or acknowledge such arrest or institution 
of criminal proceedings, or results thereof, in response to 
an inquiry made of that individual for any purpose. 
‘‘(c) RECORDS TO BE DESTROYED.—Except as pro-
vided in section 3635, upon order of expungement, all offi-
cial law enforcement and court records, including all ref-
erences to such person’s arrest for the offense, the institu-
tion of criminal proceedings against the individual, and 
the results thereof, except publicly available court opinions 
or briefs on appeal, shall be permanently destroyed. 
‘‘§ 3635. Disclosure of expunged records 
‘‘(a) INDEX TO ASSIST AUTHORIZED DISCLOSURE.— 
The Department of Justice shall maintain a nonpublic 
manual or computerized record of expungement under this 
subchapter containing only the name of, and alphanumeric 
identifiers selected by the Department of Justice that re-
late to, the persons who obtained expungement under this 
subchapter, and the order of expungement. 
‘‘(b) AUTHORIZED DISCLOSURE TO INDIVIDUAL.— 
Information in the index shall be made available only to 
VerDate Sep 11 2014 
04:28 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
the individual to whose expungement it pertains or to such 
individual’s designated agent. 
‘‘(c) PUNISHMENT FOR IMPROPER DISCLOSURE.— 
Whoever knowingly discloses information relating to an 
expunged conviction other than as authorized in this sub-
chapter shall be fined under this title or imprisoned not 
more than one year, or both.’’. 
(c) CLERICAL AMENDMENT.—The table of sub-
chapters at the beginning of chapter 229 of title 18, 
United States Code, is amended by adding at the end the 
following item: 
‘‘D.
Expungement ...................................................................... 3631’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section apply to individuals convicted of an offense 
before, on, or after the date of enactment of this Act. 
SEC. 302. LIMIT ON DRUG TESTING FOR APPLICANTS FOR 
FEDERAL EMPLOYMENT. 
(a) DEFINITION.—In this section, the term ‘‘covered 
position’’ means a position in the civil service (as defined 
in section 2101 of title 5, United States Code). 
(b) PROHIBITION.—An agency, establishment, or 
other appointing authority in the executive, legislative, or 
judicial branch of the Federal Government may not— 
(1) require an applicant for a covered position 
to submit to a test that screens for the use of mari-
juana; or 
VerDate Sep 11 2014 
03:06 Apr 05, 2017
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS
(2) in determining whether to appoint the appli-
cant to the covered position— 
(A) use the results of a test indicating that 
an applicant for a covered position used mari-
juana, in whole or in part; or 
(B) use any evidence that the applicant 
used marijuana before the date on which the 
application is submitted if such use was author-
ized under the law of the State or the law of 
the Indian tribe that has jurisdiction over the 
Indian country where the use occurred. 
SEC. 303. FAIR ACCESS TO EDUCATION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Fair Access to Education Act of 2017’’. 
(b) EXCLUSION OF MISDEMEANOR MARIJUANA POS-
SESSION OFFENSES FROM DRUG-RELATED OFFENSES 
RESULTING IN SUSPENSION OF ELIGIBILITY FOR FINAN-
CIAL ASSISTANCE
FOR HIGHER EDUCATION.—Section 
484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 
1091(r)(1)) is amended by inserting after ‘‘controlled sub-
stance’’ the following: ‘‘, but not including any mis-
demeanor offense for possession of marihuana (as such 
term is defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)),’’. 
(c) APPLICABILITY; RESUMPTION OF ELIGIBILITY.— 
VerDate Sep 11 2014 
04:28 Apr 04, 2017
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1824.IH
H1824
lotter on DSK5VPTVN1PROD with BILLS