as provided in paragraph (6)) shall reply to the in-
quiry that no such juvenile record exists. 
‘‘(4) PROTECTION FROM PERJURY LAWS.—Ex-
cept as provided in paragraph (5), if a juvenile 
record of a person is expunged under this section, 
the person who is the subject of the record or a par-
ent of the person shall not be subject to prosecution 
under any civil or criminal provision of Federal or 
State law relating to perjury, false swearing, or 
making a false statement, including section 1001, 
1621, 1622, or 1623, for failing to acknowledge the 
record or respond to any inquiry made of the person 
or the parent, relating to the record, for any pur-
pose. 
‘‘(5) CIVIL ACTIONS.— 
‘‘(A) IN GENERAL.—If a person whose ju-
venile record is expunged under this section 
brings an action that might be defended with 
the contents of the record, there shall be a re-
buttable presumption that the defendant has a 
complete defense to the action. 
‘‘(B) SHOWING BY PLAINTIFF.—In an ac-
tion described in subparagraph (A), the plaintiff 
may rebut the presumption of a complete de-
fense by showing that the contents of the ex-
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punged record would not prevent the defendant 
from being liable. 
‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE 
OF RECORD.—The court in which an action de-
scribed in subparagraph (A) is filed may re-
quire the plaintiff to state under oath whether 
the plaintiff had a juvenile record and whether 
the record was expunged. 
‘‘(D) PROOF OF EXISTENCE OF JUVENILE 
RECORD.—If the plaintiff in an action described 
in subparagraph (A) denies the existence of a 
juvenile record, the defendant may prove the ex-
istence of the record in any manner compatible 
with the applicable laws of evidence. 
‘‘(6) 
CRIMINAL
AND
JUVENILE
PRO-
CEEDINGS.—A prosecutor may disclose information 
from a juvenile record expunged under this section 
if the information pertains to a potential witness in 
a Federal or State— 
‘‘(A) criminal proceeding; or 
‘‘(B) juvenile delinquency proceeding. 
‘‘(7) AUTHORIZATION
FOR
PERSON
TO
DIS-
CLOSE OWN RECORD.—A person who is the subject 
of a juvenile record expunged under this section may 
choose to disclose the record.’’. 
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(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 403 of 
title 18, United States Code, is amended by adding 
at the end the following: 
‘‘5043. Sealing. 
‘‘5044. Expungement.’’. 
(3) APPLICABILITY.—Sections 5043 and 5044 
of title 18, United States Code, as added by para-
graph (1), shall apply with respect to a juvenile non-
violent offense (as defined in section 5031 of such 
title, as amended by subsection (b)) that is com-
mitted or alleged to have been committed before, on, 
or after the date of enactment of this Act. 
(e) JUVENILE SOLITARY CONFINEMENT.— 
(1) IN
GENERAL.—Chapter 403 of title 18, 
United States Code, as amended by this Act, is fur-
ther amended by adding at the end the following: 
‘‘§ 5045. Juvenile solitary confinement 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered juvenile’ means— 
‘‘(A) a juvenile who— 
‘‘(i) is being proceeded against under 
this chapter for an alleged act of juvenile 
delinquency; or 
‘‘(ii) has been adjudicated delinquent 
under this chapter; or 
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‘‘(B) a juvenile who is being proceeded 
against as an adult in a district court of the 
United States for an alleged criminal offense; 
‘‘(2) the term ‘juvenile facility’ means any facil-
ity where covered juveniles are— 
‘‘(A) committed pursuant to an adjudica-
tion of delinquency under this chapter; or 
‘‘(B) detained prior to disposition or con-
viction; and 
‘‘(3) the term ‘room confinement’ means the in-
voluntary placement of a covered juvenile alone in a 
cell, room, or other area for any reason. 
‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU-
VENILE FACILITIES.— 
‘‘(1) IN GENERAL.—The use of room confine-
ment at a juvenile facility for discipline, punishment, 
retaliation, or any reason other than as a temporary 
response to a covered juvenile’s behavior that poses 
a serious and immediate risk of physical harm to 
any individual, including the covered juvenile, is pro-
hibited. 
‘‘(2) JUVENILES POSING RISK OF HARM.— 
‘‘(A) REQUIREMENT
TO
USE
LEAST
RE-
STRICTIVE TECHNIQUES.— 
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‘‘(i) IN
GENERAL.—Before a staff 
member of a juvenile facility places a cov-
ered juvenile in room confinement, the 
staff member shall attempt to use less re-
strictive techniques, including— 
‘‘(I) talking with the covered ju-
venile in an attempt to de-escalate the 
situation; and 
‘‘(II) permitting a qualified men-
tal health professional, or a staff 
member who has received training in 
de-escalation techniques and trauma- 
informed care, to talk to the covered 
juvenile. 
‘‘(ii) EXPLANATION.—If, after at-
tempting to use less restrictive techniques 
as required under clause (i), a staff mem-
ber of a juvenile facility decides to place a 
covered juvenile in room confinement, the 
staff member shall first— 
‘‘(I) explain to the covered juve-
nile the reasons for the room confine-
ment; and 
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‘‘(II) inform the covered juvenile 
that release from room confinement 
will occur— 
‘‘(aa) immediately when the 
covered juvenile regains self-con-
trol, as described in subpara-
graph (B)(i); or 
‘‘(bb) not later than after 
the expiration of the time period 
described in subclause (I) or (II) 
of subparagraph (B)(ii), as appli-
cable. 
‘‘(B) MAXIMUM
PERIOD
OF
CONFINE-
MENT.—If a covered juvenile is placed in room 
confinement because the covered juvenile poses 
a serious and immediate risk of physical harm 
to himself or herself, or to others, the covered 
juvenile shall be released— 
‘‘(i) immediately when the covered ju-
venile has sufficiently gained control so as 
to no longer engage in behavior that 
threatens serious and immediate risk of 
physical harm to himself or herself, or to 
others; or 
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‘‘(ii) if a qualified mental health pro-
fessional believes the level of crisis service 
needed is not currently available, a staff 
member of the juvenile facility shall imme-
diately transport the juvenile to— 
‘‘(I) an emergency medical facil-
ity; or 
‘‘(II) an equivalent location that 
can meet the needs of the covered ju-
venile. 
‘‘(D) ACTION
BEFORE
EXPIRATION
OF 
TIME
LIMIT.—Nothing in subparagraph (C) 
shall be construed to prohibit an action de-
scribed in clause (i) or (ii) of that subparagraph 
from being taken before the applicable max-
imum period of confinement under subclause (I) 
or (II) of subparagraph (B)(ii) has expired. 
‘‘(E) CONDITIONS.—A room used for room 
confinement for a juvenile shall— 
‘‘(i) have not less than 80 square feet 
of floor space; 
‘‘(ii) have adequate lighting, heating 
or cooling (as applicable), and ventilation 
for the comfort of the juvenile; 
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‘‘(iii) be suicide-resistant and protru-
sion-free; and 
‘‘(iv) have access to clean potable 
water, toilet facilities, and hygiene sup-
plies. 
‘‘(F) NOTICE.— 
‘‘(i) USE OF ROOM CONFINEMENT.— 
Not later than 1 business day after the 
date on which a juvenile facility places a 
covered juvenile in room confinement, the 
juvenile facility shall provide notice to the 
attorney of record for the juvenile. 
‘‘(ii) TRANSFER.—Not later than 24 
hours after a covered juvenile is trans-
ferred from a juvenile facility to another 
location, the juvenile facility shall provide 
notice to— 
‘‘(I) the attorney of record for 
the juvenile; and 
‘‘(II) an authorized parent or 
guardian of the juvenile. 
‘‘(G) SPIRIT AND PURPOSE.—The use of 
consecutive periods of room confinement to 
evade the spirit and purpose of this subsection 
shall be prohibited. 
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‘‘(c) STUDY AND REPORT.—Not later than 2 years 
after the date of enactment of this section, and each year 
thereafter, the Attorney General shall submit to Congress 
a report that— 
‘‘(1) contains a detailed description of the type 
of physical force, restraints, and room confinement 
used at juvenile facilities; 
‘‘(2) describes the number of instances in which 
physical force, restraints, or room confinement are 
used at juvenile facilities, disaggregated by race, eth-
nicity, and gender; and 
‘‘(3) contains a detailed description of steps 
taken, in each instance in which room confinement 
is used at a juvenile facility, to address and remedy 
the underlying issue that led to behavioral interven-
tion resulting in the use of room confinement, in-
cluding any positive or negative outcomes.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 403 of 
title 18, United States Code, as amended by this 
Act, is further amended by adding at the end the 
following: 
‘‘5045. Juvenile solitary confinement.’’. 
SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEAL-
ING AND EXPUNGEMENT PROVISIONS. 
(a) STUDY.— 
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(1) IN GENERAL.—Not later than 5 years after 
the date of enactment of this Act, the Attorney Gen-
eral, in consultation with the Secretary of Labor and 
the Director of the Office of Management and Budg-
et, shall conduct a study on the cost savings and 
broader economic impact of the sealing and 
expungement provisions in the amendments made by 
sections 2, 3, and 6 of this Act. 
(2) CONSIDERATIONS.—In conducting the study 
under paragraph (1), the Attorney General shall 
consider— 
(A) the reduction in recidivism and associ-
ated cost savings related to corrections and 
public safety; 
(B) increased economic activity by former 
offenders, including by conducting an analysis 
of the tax revenue generated by that activity; 
and 
(C) the economic impact on the household 
of former offenders and the children of former 
offenders. 
(b) REPORT.—Not later than 5 years after the date 
of enactment of this Act, the Attorney General shall sub-
mit to Congress a report on the study conducted under 
subsection (a). 
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SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS. 
(a) AMENDMENT TO BAN ON ASSISTANCE.—Section 
115 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (21 U.S.C. 862a) is amend-
ed— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively, 
and adjusting the margins accordingly; 
(B) in the matter preceding subparagraph 
(A), as redesignated— 
(i) by striking ‘‘An individual’’ and in-
serting the following: 
‘‘(1) DENIAL OF ASSISTANCE AND BENEFITS.— 
Except as provided in paragraph (2), an individual’’; 
and 
(ii) by striking ‘‘possession, use, or’’; 
and 
(C) by adding at the end the following: 
‘‘(2) EXCEPTION FOR INDIVIDUALS WHO RE-
CEIVE TREATMENT AND OTHER INDIVIDUALS.—The 
prohibition under paragraph (1) shall not apply to 
an individual convicted of an offense described in 
paragraph (1) who— 
‘‘(A)(i) has successfully completed a cer-
tified substance abuse treatment program; and 
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‘‘(ii) has not committed a subsequent of-
fense described in paragraph (1); 
‘‘(B) is participating in a certified sub-
stance abuse treatment program; 
‘‘(C)(i) is eligible for and has sought to 
participate in a certified substance abuse treat-
ment program; and 
‘‘(ii) agrees to immediately enroll and par-
ticipate in a certified substance abuse treatment 
program once a slot becomes available for the 
individual; 
‘‘(D) is a custodial parent; 
‘‘(E)(i) is suffering from a serious illness, 
other than a substance abuse disorder; and 
‘‘(ii) provides documentation of the illness 
described in clause (i) with a letter of diagnosis 
from a medical provider; 
‘‘(F) is pregnant; or 
‘‘(G) is in compliance with the terms of the 
sentence imposed on the individual for the con-
viction.’’; 
(2) in subsection (d), by striking ‘‘the date of 
the enactment of this Act’’ each place that term ap-
pears and inserting ‘‘the date of enactment of the 
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Record Expungement Designed to Enhance Employ-
ment Act of 2017’’; 
(3) by striking subsection (e) and inserting the 
following: 
‘‘(e) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘certified substance abuse treat-
ment program’ means a course of substance abuse 
disorder treatment prescribed by a qualified behav-
ioral health provider; 
‘‘(2) the term ‘custodial parent’ means an indi-
vidual who has custody of, and lives in the same 
household as— 
‘‘(A) a dependent child who is less than 18 
years of age; or 
‘‘(B) a disabled child of the individual who 
is not less than 18 years of age; 
‘‘(3) the term ‘State’ has the meaning given the 
term— 
‘‘(A) in section 419(5) of the Social Secu-
rity Act, when referring to assistance provided 
under a State program funded under part A of 
title IV of the Social Security Act; and 
‘‘(B) in section 3 of the Food and Nutri-
tion Act of 2008 (7 U.S.C. 2012), when refer-
ring to the supplemental nutrition assistance 
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program (as defined in that section) or any 
State program carried out under that Act; and 
‘‘(4) the term ‘successfully completed’, with re-
spect to an individual who participates in a certified 
substance abuse treatment program, means the indi-
vidual has completed the prescribed course of treat-
ment for a substance abuse disorder.’’; and 
(4) in subsection (f), by striking paragraph (5) 
and inserting the following: 
‘‘(5) Employment services, including job train-
ing programs and any other employment services 
that are funded using assistance or benefits referred 
to in subsection (a).’’. 
(b) EFFECT ON STATE ELECTIONS TO OPT OUT OR 
LIMIT PERIOD OF PROHIBITION.— 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘State’’ has the meaning 
given the term in section 115(e) of the Personal 
Responsibility and Work Opportunity Reconcili-
ation Act of 1996 (21 U.S.C. 862a(e)); and 
(B) the term ‘‘TANF assistance or SNAP 
benefits’’ means assistance or benefits referred 
to in section 115(a) of the Personal Responsi-
bility and Work Opportunity Reconciliation Act 
of 1996. 
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(2) EFFECT.—A law enacted by a State under 
the authority under subparagraph (A) or (B) of sub-
section (d)(1) of section 115 of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 
1996 (21 U.S.C. 862a) (as in effect on the day be-
fore the date of enactment of this Act), and any 
State law or regulation enacted to carry out the re-
quirements of such section (as in effect on the day 
before the date of enactment of this Act), that im-
poses conditions on eligibility for TANF assistance 
or SNAP benefits that are more restrictive than the 
conditions on eligibility for TANF assistance or 
SNAP benefits under such section as amended by 
subsection (a) shall have no force or effect. 
SEC. 6. STATE INCENTIVES. 
(a) COPS GRANTS PRIORITY.—Section 1701(c) of 
the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3796dd(c)) is amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘In’’ and inserting the following: 
‘‘(1) IN GENERAL.—In’’; 
(2) by striking ‘‘where feasible’’ and all that fol-
lows, and inserting the following: ‘‘where feasible, to 
an application— 
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‘‘(A) for hiring and rehiring additional ca-
reer law enforcement officers that involves a 
non-Federal contribution exceeding the 25 per-
cent minimum under subsection (g); or 
‘‘(B) from an applicant in a State that has 
in effect— 
‘‘(i) a law relating to the confiden-
tiality, sealing, and expungement of juve-
nile records that is substantially similar to, 
or more generous to the former offender 
than, the amendments made by subsections 
(b) through (d) of section 3 of the Record 
Expungement Designed to Enhance Em-
ployment Act of 2017; 
‘‘(ii) a law prohibiting juvenile solitary 
confinement that is substantially similar 
to, or more restrictive than, the amend-
ment made by subsection (e) of section 3 
of the Record Expungement Designed to 
Enhance Employment Act of 2017; 
‘‘(iii) a law relating to the sealing of 
adult records that is substantially similar 
to, or more generous to the former of-
fender than, the amendments made by sec-
tion 2 of the Record Expungement De-
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signed to Enhance Employment Act of 
2017; 
‘‘(iv) subject to paragraph (2), a law 
that establishes that an adult criminal 
court may not have original jurisdiction 
over an individual who was less than 18 
years of age when the individual committed 
an offense; 
‘‘(v) a law that allows an individual 
who has successfully sealed or expunged a 
criminal record to be free from civil and 
criminal perjury laws; 
‘‘(vi) a law relating to the eligibility of 
individuals for assistance or benefits re-
ferred to in subsection (a) of section 115 
of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 
(21 U.S.C. 862a(a)) that is no more re-
strictive than such section, as amended by 
section 5 of the Record Expungement De-
signed to Enhance Employment Act of 
2017; or 
‘‘(vii) a law or policy which ensures to 
the maximum extent practicable, for juve-
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niles who have been arrested for or con-
victed of a criminal offense— 
‘‘(I) equal sentencing guidelines, 
without regard to gender; and 
‘‘(II) equal access, without re-
gard to gender, to services, assistance, 
or benefits provided.’’; and 
(3) by adding at the end the following: 
‘‘(2) JUVENILE TRANSFER PROVISIONS.—Para-
graph (1)(B)(iv) shall not be construed to preclude 
from preferential consideration an application from 
an applicant in a State that— 
‘‘(A) has in effect a law that authorizes the 
transfer of an individual who is less than 18 
years of age to adult criminal court if the indi-
vidual commits a specified offense or an offense 
that falls under a specified category of offenses; 
or 
‘‘(B) exercises other case-specific transfer 
mechanisms. 
‘‘(3) DEGREE
OF
PRIORITY
COMMENSURATE 
WITH
DEGREE
OF
COMPLIANCE.—If the Attorney 
General, in awarding grants under this part, gives 
preferential consideration to any application as au-
thorized under paragraph (1)(B), the Attorney Gen-
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eral shall base the degree of preferential consider-
ation given to an application from an applicant in a 
particular State on the number of clauses under 
paragraph (1)(B) that the State has satisfied, rel-
ative to the number of such clauses that each other 
State has satisfied.’’. 
(b) ATTORNEY GENERAL GUIDELINES AND TECH-
NICAL ASSISTANCE.—The Attorney General shall issue 
guidelines and provide technical assistance to assist States 
in 
complying 
with 
the 
incentive 
under 
section 
1701(c)(1)(B) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796dd(c)(1)(B)), as 
added by subsection (a). 
SEC. 7. GENDER EQUALITY IN FEDERAL JUVENILE DELIN-
QUENCY PROCEEDINGS. 
(a) DISPOSITIONS.—Section 5037 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(f) It is the policy of the United States that there 
should be no disparities based on gender in dispositions 
of juvenile cases. The United States Sentencing Commis-
sion in creating sentencing guidelines and policy state-
ments applicable to such dispositions, and the courts, in 
determining such dispositions, shall take care to avoid and 
remedy any such disparities.’’. 
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(b) COMMITMENTS.—Section 5039 of title 18, United 
States Code, is amended by adding at the end of the sec-
ond paragraph the following: ‘‘The Attorney General shall 
make rules that ensure, to the maximum extent prac-
ticable, equal access, without regard to gender, to services, 
assistance, or benefits provided, to juveniles who have been 
arrested under Federal authority, or committed pursuant 
to an adjudication under this chapter, for juvenile delin-
quency.’’. 
SEC. 8. ENSURING ACCURACY IN THE FBI BACKGROUND 
CHECK SYSTEM. 
(a) IN GENERAL.—Section 534 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(g) ENSURING ACCURACY
IN
THE FBI BACK-
GROUND CHECK SYSTEM.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘applicant’ means the indi-
vidual to whom a record sought to be exchanged 
pertains; 
‘‘(B) the term ‘incomplete’, with respect to 
a record, means the record— 
‘‘(i) indicates that an individual was 
arrested but does not describe the offense 
for which the individual was arrested; or 
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‘‘(ii) indicates that an individual was 
arrested or criminal proceedings were insti-
tuted against an individual but does not 
include the final disposition of the arrest 
or of the proceedings if a final disposition 
has been reached; 
‘‘(C) the term ‘record’ means a record or 
other information collected under this section; 
‘‘(D) the term ‘reporting jurisdiction’ 
means any person or entity that provides a 
record to the Attorney General under this sec-
tion; and 
‘‘(E) the term ‘requesting entity’— 
‘‘(i) means a person or entity that 
seeks the exchange of a record for civil 
purposes that include employment, hous-
ing, credit, or any other type of applica-
tion; and 
‘‘(ii) does not include a law enforce-
ment or intelligence agency that seeks the 
exchange of a record for— 
‘‘(I) investigative purposes; or 
‘‘(II) purposes relating to law en-
forcement employment. 
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‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 
The Attorney General shall establish and enforce 
procedures to ensure the prompt release of accurate 
records exchanged for employment-related purposes 
through the records system created under this sec-
tion. 
‘‘(3) REQUIRED PROCEDURES.—The procedures 
established under paragraph (2) shall include the 
following: 
‘‘(A) INACCURATE RECORD OR INFORMA-
TION.—If the Attorney General determines that 
a record is inaccurate, the Attorney General 
shall promptly correct the record, including by 
making deletions to the record if appropriate. 
‘‘(B) INCOMPLETE RECORD.— 
‘‘(i) IN
GENERAL.—If the Attorney 
General determines that a record is incom-
plete or cannot be verified, the Attorney 
General— 
‘‘(I) shall attempt to complete or 
verify the record; and 
‘‘(II) if unable to complete or 
verify the record, may promptly make 
any changes or deletions to the 
record. 
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‘‘(ii) LACK
OF
DISPOSITION
OF
AR-
REST.—For purposes of this subpara-
graph, an incomplete record includes a 
record that indicates there was an arrest 
and does not include the disposition of the 
arrest. 
‘‘(iii) OBTAINING DISPOSITION OF AR-
REST.—If the Attorney General determines 
that a record is an incomplete record de-
scribed in clause (ii), the Attorney General 
shall, not later than 10 days after the date 
on which the requesting entity requests the 
exchange and before the exchange is made, 
obtain the disposition (if any) of the ar-
rest. 
‘‘(C) NOTIFICATION OF REPORTING JURIS-
DICTION.—The Attorney General shall notify 
each appropriate reporting jurisdiction of any 
action taken under subparagraph (A) or (B). 
‘‘(D) OPPORTUNITY TO REVIEW RECORDS 
BY
APPLICANT.—In connection with an ex-
change of a record under this section, the At-
torney General shall— 
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‘‘(i) obtain the consent of the appli-
cant to exchange the record with the re-
questing entity; 
‘‘(ii) at the time of consent, notify the 
applicant that the applicant can obtain a 
copy of the record; 
‘‘(iii) provide to the applicant an op-
portunity to— 
‘‘(I) obtain a copy of the record 
upon request; and 
‘‘(II) challenge the accuracy and 
completeness of the record; 
‘‘(iv) promptly notify the requesting 
entity of any such challenge; 
‘‘(v) not later than 30 days after the 
date on which the challenge is made, com-
plete an investigation of the challenge; 
‘‘(vi) provide to the applicant the spe-
cific findings and results of that investiga-
tion; 
‘‘(vii) promptly make any changes or 
deletions to the records required as a re-
sult of the challenge; and 
‘‘(viii) report those changes to the re-
questing entity. 
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