(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; 
(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 
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(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— 
(A) in subsection (1)(e), by striking ‘‘mari-
huana,’’; and 
(B) in subsection (2) by striking ‘‘mari-
huana,’’. 
SEC. 3. INELIGIBILITY FOR CERTAIN FUNDS. 
(a) DEFINITIONS.—In this section— 
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(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 
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 
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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— 
(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 
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I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 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-
munity Reinvestment Fund established under section 
4. 
(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.— 
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(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 Act, and the amendments made by this Act, 
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-
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 
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(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. 4. 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— 
(1) any amounts not awarded to a covered 
State because of a determination under section 
3(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 
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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. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Fund 
$500,000,000 for each of fiscal years 2018 through 2040. 
Æ 
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