Drug Policy Reform Act of 2021
Bill: H.R.4020 | Sponsor: Rep. Watson Coleman, Bonnie (D-NJ)
Policy area: Crime and Law Enforcement

Summary:
Drug Policy Reform Act of 2021 or the DPR Act of 2021
This bill transfers federal regulatory authority over controlled substances, eliminates federal penalties for some drug-related offenses, and removes some collateral consequences for certain criminal convictions. A collateral consequence is a penalty (e.g., a restriction on access to a program or service) imposed on an individual in addition to the penalty associated with the sentence.
Specifically, the bill transfers regulatory authority over controlled substances from the Department of Justice to the Department of Health and Human Services (HHS).
Additionally, the bill directs HHS to establish a commission to determine a benchmark amount of a controlled substance for personal use supply. The bill eliminates federal criminal and civil penalties for simple possession of a controlled substance in an amount equal to or less than the benchmark.
Finally, the bill removes the collateral consequences of certain convictions. For example, the bill

To reform United States drug policy, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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:
            (1) For most of the past century the United States has 
        adopted increasingly punitive policies toward 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 adopted 
        increasingly harsh sentencing schemes such as mandatory 
        minimums, established far-reaching and oppressive civil 
        sanctions and collateral consequences, approved policies 
        weakening the Fourth Amendment for drug searches and seizures, 
        and fostered incentives for aggressive and militarized policing 
        in the alleged pursuit of drugs.
            (3) Every year, there are more than 1.4 million arrests in 
        the United States for drug-related offenses. In over 85 percent 
        of those arrests, drug possession was the most serious offense. 
        Drug arrests disproportionately impact people of color and more 
        commonly occur in historically overpoliced, low-income 
        communities. A criminal record, even for an arrest that did not 
        result in a conviction, has a profound impact on individuals, 
        often interrupting employment, housing, family relationships, 
        child custody, and education.
            (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 collateral consequences because they use 
        drugs is expensive, ruins lives, and can make access to 
        treatment and recovery more difficult.
            (5) Despite high numbers of arrests and incarceration in 
        the United States for drug possession, the number and rate of 
        drug-involved overdose deaths has skyrocketed for over 20 years 
        and continues 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 disorder treatment have proven 
        highly effective in reducing 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 evidence-based treatment saves 
        lives, reduces crime, and saves money. Barriers to treatment 
        should be removed or minimized.
            (8) Criminalizing drug use and possession reduces the 
        amount of resources available for harm reduction and treatment 
        services and deters people from accessing available services 
        due to fear of arrest.
            (9) Punitive policies have achieved no reduction in 
        supplies or prices, but instead have created unnecessarily 
        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 system or the harms of an 
        unregulated drug market, shifting from absolute prohibition to 
        drug decriminalization helps restore individual liberty, 
        protect 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 problematic 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 experiment 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 substance use 
        disorder and dangerous drug use from strategies focused on 
        controlling and punishing unauthorized drug possession to a 
        system that is health focused, evidence-based, and respectful 
        of self-determination;
            (2) invest in harm-reduction services and substance use 
        disorder treatment to help prevent overdose and other health 
        risks, and strengthen connections to services that provide 
        foundational social and economic support; and
            (3) pursue international treaties that expand flexibility 
        for signatories to enact non-punitive strategies 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 Substances Act (21 U.S.C. 811) is amended 
by striking ``Attorney 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 inserting ``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, the Attorney General and the 
        Secretary of Health and Human Services shall jointly develop 
        and submit to the Congress a plan for transferring information 
        necessary to effect the transfer of classification 
        responsibility required under this section.
            (2) Report to general services administration.--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 transferred to 
        the Secretary of Health and Human Services 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 possessing or using 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 be subject 
to a criminal or civil penalty under this section.
    ``(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 detaining, 
searching, arresting, questioning or surveilling any person, or seizing 
property including, controlled substances and any items used for the 
ingestion, consumption, 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 
Enforcement, 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 Substances 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 Health and Human Services shall 
establish a ``Commission 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 Commission 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 possessed by an individual benchmark 
                personal use supply, for controlled substances.
                    (B) Duties.--The Commission shall consider the 
                following in developing the benchmarks 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 other 
                        related demographic characteristics; and
                            (iii) differences in commonly possessed 
                        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 subsection (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 arrests, prosecution or 
                sentencing for drug offenses.
                    (C) One peer support specialist.
                    (D) A harm reduction service provider.
                    (E) A person specializing in housing services 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 management to 
                people with substance use needs.
                    (J) A person who works for a nonprofit organization 
                that advocates for persons with substance 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.
            (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 established under paragraph (2) and make any necessary 
amendments or further guidance with respect to the responsibilities 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, distributing, or dispensing 
                personal use quantities of each drug for purposes of 
                subsistence distribution.
            (2) Report to department of justice.--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.
            (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 report 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:
            (1) Benchmark personal use supply.--The term ``benchmark 
        personal use supply'' means the amount of a drug commonly 
        possessed for consumption 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 distribution 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 policies 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.

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 comprehensive review to identify individuals 
eligible to have a record of conviction or adjudication of juvenile 
delinquency 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 substance 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 adjudication 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 adjudication 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, conviction, or adjudication.
    (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 required 
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 subsection.
    (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 conviction, or adjudication of 
juvenile delinquency, the removal of the record of such arrest, 
conviction, or adjudication from each official index and public record.

SEC. 8. RELIEF FOR INDIVIDUALS INCARCERATED OR ON SUPERVISION FOR 
              CERTAIN DRUG CONVICTIONS.

    (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 review hearing.
    (b) Results of a Sentencing Hearing.--Following 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 conviction 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 individual 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 receiving any Federal benefit, program, or 
supportive service 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 Assistance.--
            (1) In general.--Notwithstanding any other provision of 
        law, an applicant shall be denied assistance, evicted, or 
        considered ineligible for housing assistance 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 repealed.
    (d) Other Federal Benefits.--Section 421(b) of the Controlled 
Substances Act (21 U.S.C. 862(b)) is repealed.
    (e) Eliminate Immigration and Removal Consequences.--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:
            ``(43) Aggravated felony.--The term `aggravated felony' 
        means--
                    ``(A) murder, rape, or sexual abuse of a minor;
                    ``(B) illicit trafficking in a controlled substance 
                (as defined in section 102 of the Controlled Substances 
                Act (21 U.S.C. 802)), including a drug trafficking 
                crime (as defined in section 924(c) of title 18).
        ```except that no applicant shall be denied assistance, 
        evicted, or deemed ineligible under this title by reason of 
        conviction for possessing a controlled substance 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 findings:
            (1) The right to vote is the most basic constitutive 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 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 account of race, color, gender, or previous condition 
        of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th 
        Amendments to the Constitution empower Congress 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 required, 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 unfairness 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 voting rights 
                after a criminal conviction vary throughout the 
                country, and persons in some States can easily regain 
                their voting rights while in other States persons 
                effectively lose their right to vote permanently.
                    (C) State disenfranchisement laws 
                disproportionately impact racial and ethnic minorities.
            (5) Two States (Maine and Vermont), the District 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 individuals are under the 
        supervision of the criminal justice system or after they have 
        completed a criminal sentence. In 30 States, convicted 
        individuals may not vote while they are on parole and 27 States 
        disenfranchise individuals on felony probation as well. In 11 
        States, a conviction can result in lifetime disenfranchisement.
            (7) Several States deny the right to vote to individuals 
        convicted of certain misdemeanors.
            (8) An estimated 5,200,000 citizens of the United States, 
        or about 1 in 44 adults in the United 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 sentences 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 population is disenfranchised.
            (9) In those States that disenfranchise individuals 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 discriminatory manner. Disenfranchised individuals 
        must either obtain a pardon or an order from the Governor or an 
        action by the parole or pardon board, depending on the offense 
        and State. Individuals convicted of a Federal offense often 
        have additional barriers to regaining voting rights.
            (10) State disenfranchisement laws disproportionately 
        impact racial and ethnic minorities. More than 6 percent of the 
        African-American voting-age population, or 1,800,000 African 
        Americans, are disenfranchised. Currently, 1 of every 16 
        voting-age African Americans are rendered unable to vote 
        because of felony disenfranchisement, which is a rate more than 
        3.7 times greater than non-African Americans. Over 6 percent of 
        African-American adults are disenfranchised whereas only 1.7 
        percent of non-African Americans are. In 7 States (Alabama, 16 
        percent; Florida, 15 percent; Kentucky, 15 percent; 
        Mississippi, 16 percent; Tennessee, 21 percent; Virginia, 16 
        percent; and Wyoming, 36 percent), more than 1 in 7 African 
        Americans are unable to vote because of prior convictions, 
        twice the national average for African Americans.
            (11) Latino citizens are disproportionately disenfranchised 
        based upon their disproportionate representation in the 
        criminal justice system. In recent 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 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 suppress electoral 
        participation among eligible voters by discouraging voting 
        among family and community members of disenfranchised persons. 
        Future electoral participation by the children of 
        disenfranchised parents may be impacted as well.
            (14) The United States is the only Western democracy 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.--
            (1) Attorney general.--The Attorney General may, in a civil 
        action, obtain such declaratory or injunctive relief as is 
        necessary to remedy a violation of this section.
            (2) Private right of action.--
                    (A) In general.--A person who is aggrieved 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 action to obtain declaratory or 
                injunctive relief with respect to the violation.
    (d) Notification of Restoration of Voting Rights.--
            (1) State notification.--
                    (A) Notification.--On the date determined under 
                clause (ii), each State shall notify in writing any 
                individual who has been convicted 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 convicted 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 
                                custody of another State or the Federal 
                                Government to serve a term of 
                                imprisonment for a felony conviction).
                    (C) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under clause (ii) shall be given 
                on the date on which such individual is sentenced by a 
                State court.
            (2) Federal notification.--
                    (A) Notification.--Any individual who has been 
                convicted of a criminal offense under Federal law shall 
                be notified in accordance with clause (ii) 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 convicted of a 
                        felony, the notification required under clause 
                        (i) shall be given--
                                    (I) in the case of an individual 
                                who is sentenced to serve only a term 
                                of probation, by the Assistant Director 
                                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 Bureau 
                                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 released and 
                                ending on the date such individual 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 notification 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.--
            (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 
        established 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 U.S.C. 853(a)) is amended by striking 
``one year'' and inserting ``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 Secretary of Health and Human 
        Services shall establish a grant program to support State and 
        local efforts to expand access to substance abuse treatment, 
        support harm-reduction services, and reduce the criminalization 
        of individuals who use drugs by supporting the development or 
        expansion of pre-arrest diversion programs.
            (2) Duties.--The grant program shall enhance programs that 
        expand access to substance use treatment, 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 people who use drugs, facilitate 
                the voluntary treatment of individuals with substance 
                use disorder, provide assistance to individuals as an 
                alternative to criminal prosecution, or provide 
                alternatives to law enforcement first response 
                services.
                    (B) Exception.--A law enforcement entity 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-informed, culturally 
                responsive, patient-centered, and non-judgmental 
                (including medication assisted treatment);
                    (B) harm reduction programs and systems for 
                connecting individuals to harm reduction interventions, 
                including but not limited to overdose prevention 
                education, access to naloxone hydrochloride and sterile 
                syringes, stimulant-specific drug education and 
                outreach, drug-checking services;
                    (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 permanent housing 
                for persons with substance use disorder.
    (b) Findings and Intent.--Section 101 of the Controlled 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 individuals 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 controlled 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 enactment of the Act and continues to spend over 
        $47 million annually.
            ``(3) Drug offenses are the leading cause of arrest in the 
        United States, remaining largely unchanged from 2010-2019, 
        during which time over 10 million arrests were made for drug 
        possession. Black individuals are arrested at rates far higher 
        than their representation in the population and in far greater 
        numbers than individuals in other demographic groups.
            ``(4) Drug arrests have significant collateral 
        consequences, interfering or denying access to education, 
        employment, housing, child custody, immigration, and public 
        benefits.
            ``(5) Drug control strategies focused on criminalizing 
        personal use of drugs have not achieved reductions in the 
        availability, prevalence of use, prices, or incidence of drug 
        overdose.
            ``(6) The criminalization of people who use drugs reduces 
        the availability of resources for evidence-based compassionate 
        drug education, addiction health services, including substance 
        abuse treatment and medication assisted treatment, and other 
        services focused on the health and safety of consumers.
            ``(7) Federal regulation of controlled substances pursuant 
        to this subchapter shall promote the health, safety and welfare 
        of individuals who use drugs and seek to prevent the harms of 
        criminalizing individual users of drugs.''.

SEC. 12. EVIDENCE-BASED DRUG EDUCATION.

    (a) In General.--Notwithstanding any other provision of law, and 
not later than 180 days after the date of the enactment of this Act, 
the Attorney General shall transfer certain programs to the Secretary 
of Health and Human Services.
    (b) Federal Funds Prohibition.--Notwithstanding any other provision 
of law, no Federal funds may be used by the Attorney General for drug 
education programming, including public education related to drug use, 
unless that the Attorney General or designee may provide information to 
the Secretary of Health and Human Services in support of the 
Secretary's responsibilities pursuant to this section.
    (c) Personnel and Equipment.--Notwithstanding any provision of law, 
a transfer pursuant to paragraph (1) shall include any personnel and 
equipment exclusively responsible for the administration of the certain 
programs.
    (d) Certain Program Defined.--The term ``certain program'' means 
Federal programs including:
            (1) Access to recovery programs.
            (2) Block grants for prevention and treatment of substance 
        abuse.
            (3) Community transformation grants.
            (4) Drug abuse and addiction research programs.
            (5) Enhance the safety of children affected by parental 
        methamphetamine or other substance abuse.
            (6) Family connection grants.
            (7) Using family group decision-making to build protective 
        factors for children and families.
            (8) Health improvement for reentering ex-offenders 
        initiative.
            (9) Healthy start initiative.
            (10) HIV prevention activities nongovernmental organization 
        based in the United States.
            (11) Maternal, infant and early childhood home visiting 
        program.
            (12) Mentoring children of prisoners.
            (13) National all schedules prescription electronic 
        reporting grant.
            (14) Project for assistance in transition from 
        homelessness.
            (15) Promoting safe and stable homes.
            (16) Strategic prevention framework.
            (17) Substance abuse and mental health services projects of 
        regional and national significance.
            (18) Urban Indian Health Services.
    (e) Public Education Regarding Drugs and Drug Use.--Notwithstanding 
any other provision of law, any Federal funds used for designing, 
administering, or supporting programs to provide education regarding 
drugs or drug use shall provide scientifically-accurate, culturally and 
gender competent, trauma-informed, and evidence-based information about 
drug use and effects that can help persons participating in such a 
program make healthy choices about substance use and develop personal 
and social strategies to manage the risks, benefits, and potential 
harms of substance use.
    (f) Improve Research on Impacts of Drug Criminalization and 
Enforcement.--Notwithstanding any other provision of law, and not later 
than one year after the date of the enactment of this Act, the Attorney 
General shall transfer programs with respect to drugs and crime to the 
Administrator of the Substance Abuse and Mental Health Services 
Administration to expand research on harms of criminalization and to 
study the effectiveness of non-prohibitionist models of ensuring the 
health and safety of individuals who use drugs.

SEC. 13. DATA COLLECTION AND TRANSPARENCY.

    (a) Locality Data.--Not later than one year after the date of the 
enactment of this Act, the Director of the Federal Bureau of 
Investigation make publicly available all available data, on a 
quarterly basis, regarding local enforcement of drug laws, including 
local arrests for drug possession and distribution offenses, possession 
of drug paraphernalia, public use or intoxication, loitering, and all 
other drug-related violations.
    (b) National Incident-Based Reporting System.--Not later than one 
year after the date of the enactment of this Act, the Director of the 
Federal Bureau of Investigation shall make available on the internet 
website of the Federal Bureau of Investigation any data provided by 
localities to the National Incident-Based Reporting System, including 
any aggregate data reported regarding the alleged substances and 
quantities recovered, and demographic data for persons arrested.
    (c) Department of Justice Reporting.--Not later than one year after 
the date of the enactment of this Act, and annually thereafter, the 
Attorney General shall collect and make publicly available on the 
internet website of the Department of Justice information from any unit 
of local government that receives any Federal funding identifying 
expenditures on drug offense enforcement.

SEC. 14. LIMITATION OF ELIGIBILITY FOR FUNDS.

    Beginning in the first fiscal year that begins after the date that 
is one year after the date of enactment of this Act, a State or unit of 
local government may not receive funds under subpart 1 of part E of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10151 et seq.) or the under section 1701 of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) 
for a fiscal year if, on the day before the first day of the fiscal 
year, the State or unit of local government has a law in effect that 
establishes criminal penalties for the possession of an amount of a 
controlled substance consistent with personal use.

SEC. 15. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL 
              OFFER FOR FEDERAL EMPLOYMENT.

    (a) In General.--Subpart H of part III of title 5, United States 
Code, is amended by adding at the end the following:

   ``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                           CONDITIONAL OFFER

``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record 
                            information.
``9203. Agency policies; complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
    ``In this chapter--
            ``(1) the term `agency' means `Executive agency' as such 
        term is defined in section 105 and includes--
                    ``(A) the United States Postal Service and the 
                Postal Regulatory Commission; and
                    ``(B) the Executive Office of the President;
            ``(2) the term `appointing authority' means an employee in 
        the executive branch of the Government of the United States 
        that has authority to make appointments to positions in the 
        civil service;
            ``(3) the term `conditional offer' means an offer of 
        employment in a position in the civil service that is 
        conditioned upon the results of a criminal history inquiry;
            ``(4) the term `criminal history record information'--
                    ``(A) except as provided in subparagraphs (B) and 
                (C), has the meaning given the term in section 9101(a);
                    ``(B) includes any information described in the 
                first sentence of section 9101(a)(2) that has been 
                sealed or expunged pursuant to law; and
                    ``(C) includes information collected by a criminal 
                justice agency, relating to an act or alleged act of 
                juvenile delinquency, that is analogous to criminal 
                history record information (including such information 
                that has been sealed or expunged pursuant to law); and
            ``(5) the term `suspension' has the meaning given the term 
        in section 7501.
``Sec. 9202. Limitations on requests for criminal history record 
              information
    ``(a) Inquiries Prior to Conditional Offer.--Except as provided in 
subsections (b) and (c), an employee of an agency may not request, in 
oral or written form (including through the Declaration for Federal 
Employment (Office of Personnel Management Optional Form 306) or any 
similar successor form, the USAJOBS internet website, or any other 
electronic means) that an applicant for an appointment to a position in 
the civil service disclose criminal history record information 
regarding the applicant before the appointing authority extends a 
conditional offer to the applicant.
    ``(b) Otherwise Required by Law.--The prohibition under subsection 
(a) shall not apply with respect to an applicant for a position in the 
civil service if consideration of criminal history record information 
prior to a conditional offer with respect to the position is otherwise 
required by law.
    ``(c) Exception for Certain Positions.--
            ``(1) In general.--The prohibition under subsection (a) 
        shall not apply with respect to an applicant for an appointment 
        to a position--
                    ``(A) that requires a determination of eligibility 
                described in clause (i), (ii), or (iii) of section 
                9101(b)(1)(A);
                    ``(B) as a Federal law enforcement officer (as 
                defined in section 115(c) of title 18); or
                    ``(C) identified by the Director of the Office of 
                Personnel Management in the regulations issued under 
                paragraph (2).
            ``(2) Regulations.--
                    ``(A) Issuance.--The Director of the Office of 
                Personnel Management shall issue regulations 
                identifying additional positions with respect to which 
                the prohibition under subsection (a) shall not apply, 
                giving due consideration to positions that involve 
                interaction with minors, access to sensitive 
                information, or managing financial transactions.
                    ``(B) Compliance with civil rights laws.--The 
                regulations issued under subparagraph (A) shall--
                            ``(i) be consistent with, and in no way 
                        supersede, restrict, or limit the application 
                        of title VII of the Civil Rights Act of 1964 
                        (42 U.S.C. 2000e et seq.) or other relevant 
                        Federal civil rights laws; and
                            ``(ii) ensure that all hiring activities 
                        conducted pursuant to the regulations are 
                        conducted in a manner consistent with relevant 
                        Federal civil rights laws.
``Sec. 9203. Agency policies; complaint procedures
    ``The Director of the Office of Personnel Management shall--
            ``(1) develop, implement, and publish a policy to assist 
        employees of agencies in complying with section 9202 and the 
        regulations issued pursuant to such section; and
            ``(2) establish and publish procedures under which an 
        applicant for an appointment to a position in the civil service 
        may submit a complaint, or any other information, relating to 
        compliance by an employee of an agency with section 9202.
``Sec. 9204. Adverse action
    ``(a) First Violation.--If the Director of the Office of Personnel 
Management determines, after notice and an opportunity for a hearing on 
the record, that an employee of an agency has violated section 9202, 
the Director shall--
            ``(1) issue to the employee a written warning that includes 
        a description of the violation and the additional penalties 
        that may apply for subsequent violations; and
            ``(2) file such warning in the employee's official 
        personnel record file.
    ``(b) Subsequent Violations.--If the Director of the Office of 
Personnel Management determines, after notice and an opportunity for a 
hearing on the record, that an employee that was subject to subsection 
(a) has committed a subsequent violation of section 9202, the Director 
may take the following action:
            ``(1) For a second violation, suspension of the employee 
        for a period of not more than 7 days.
            ``(2) For a third violation, suspension of the employee for 
        a period of more than 7 days.
            ``(3) For a fourth violation--
                    ``(A) suspension of the employee for a period of 
                more than 7 days; and
                    ``(B) a civil penalty against the employee in an 
                amount that is not more than $250.
            ``(4) For a fifth violation--
                    ``(A) suspension of the employee for a period 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 period of 
                more than 7 days; and
                    ``(B) a civil penalty against the employee in an 
                amount that is not more than $1,000.
``Sec. 9205. Procedures
    ``(a) Appeals.--The Director of the Office of Personnel Management 
shall by rule establish procedures providing 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 determination 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.
``Sec. 9206. Rules of construction
    ``Nothing in this chapter may be construed to--
            ``(1) authorize any officer or employee of an agency to 
        request the disclosure of information described under 
        subparagraphs (B) and (C) of section 9201(4); or
            ``(2) create a private right of action for any person.''.
    (b) Regulations; Effective Date.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Director of the Office of Personnel 
        Management shall issue such regulations as are necessary to 
        carry out chapter 92 of title 5, United States Code (as added 
        by this Act).
            (2) Effective date.--Section 9202 of title 5, United States 
        Code (as added by this Act), shall take effect on the date that 
        is 2 years after the date of enactment of this Act.
    (c) Technical and Conforming Amendment.--The table of chapters for 
part III of title 5, United States Code, is amended by inserting after 
the item relating to chapter 91 the following:

``92. Prohibition on criminal history inquiries prior to        9201''.
                            conditional offer.
    (d) Application to Legislative Branch.--
            (1) In general.--The Congressional Accountability Act of 
        1995 (2 U.S.C. 1301 et seq.) is amended--
                    (A) in section 102(a) (2 U.S.C. 1302(a)), by adding 
                at the end the following:
            ``(12) Section 9202 of title 5, United States Code.'';
                    (B) by redesignating section 207 (2 U.S.C. 1317) as 
                section 208; and
                    (C) by inserting after section 206 (2 U.S.C. 1316) 
                the following new section:

``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY 
              INQUIRIES.

    ``(a) Definitions.--In this section, the terms `agency', `criminal 
history record information', and `suspension' have the meanings given 
the terms in section 9201 of title 5, United States Code, except as 
otherwise modified by this section.
    ``(b) Restrictions on Criminal History Inquiries.--
            ``(1) In general.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an employee of an employing office 
                may not request that an applicant for employment as a 
                covered employee disclose criminal history record 
                information if the request would be prohibited under 
                section 9202 of title 5, United States Code, if made by 
                an employee of an agency.
                    ``(B) Conditional offer.--For purposes of applying 
                that section 9202 under subparagraph (A), a reference 
                in that section 9202 to a conditional offer shall be 
                considered to be an offer of employment as a covered 
                employee that is conditioned upon the results of a 
                criminal history inquiry.
            ``(2) Rules of construction.--The provisions of section 
        9206 of title 5, United States Code, shall apply to employing 
        offices, consistent with regulations issued under subsection 
        (d).
    ``(c) Remedy.--
            ``(1) In general.--The remedy for a violation of subsection 
        (b)(1) shall be such remedy as would be appropriate if awarded 
        under section 9204 of title 5, United States Code, if the 
        violation had been committed by an employee of an agency, 
        consistent with regulations issued under subsection (d), except 
        that the reference in that section to a suspension shall be 
        considered to be a suspension with the level of compensation 
        provided for a covered employee who is taking unpaid leave 
        under section 202.
            ``(2) Process for obtaining relief.--An applicant for 
        employment as a covered employee who alleges a violation of 
        subsection (b)(1) may rely on the provisions of title IV (other 
        than section 407 or 408, or a provision of this title that 
        permits a person to obtain a civil action or judicial review), 
        consistent with regulations issued under subsection (d).
    ``(d) Regulations To Implement Section.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Fair Chance to Compete for Jobs Act of 
        2019, the Board shall, pursuant to section 304, issue 
        regulations to implement this section.
            ``(2) Parallel with agency regulations.--The regulations 
        issued under paragraph (1) shall be the same as substantive 
        regulations issued by the Director of the Office of Personnel 
        Management under section 2(b)(1) of the Fair Chance to Compete 
        for Jobs Act of 2019 to implement the statutory provisions 
        referred to in subsections (a) through (c) except to the extent 
        that the Board may determine, for good cause shown and stated 
        together with the regulation, that a modification of such 
        regulations would be more effective for the implementation of 
        the rights and protections under this section.
    ``(e) Effective Date.--Section 102(a)(12) and subsections (a) 
through (c) shall take effect on the date on which section 9202 of 
title 5, United States Code, applies with respect to agencies.''.
            (2) Clerical amendments.--
                    (A) The table of contents in section 1(b) of the 
                Congressional Accountability Act of 1995 (Public Law 
                104-1; 109 Stat. 3) is amended--
                            (i) by redesignating the item relating to 
                        section 207 as the item relating to section 
                        208; and
                            (ii) by inserting after the item relating 
                        to section 206 the following new item:

``Sec. 207. Rights and protections relating to criminal history 
                            inquiries.''.
                    (B) Section 62(e)(2) of the Internal Revenue Code 
                of 1986 is amended by striking ``or 207'' and inserting 
                ``207, or 208''.
    (e) Application to Judicial Branch.--
            (1) In general.--Section 604 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(i) Restrictions on Criminal History Inquiries.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the terms `agency' and `criminal history 
                record information' have the meanings given those terms 
                in section 9201 of title 5;
                    ``(B) the term `covered employee' means an employee 
                of the judicial branch of the United States Government, 
                other than--
                            ``(i) any judge or justice who is entitled 
                        to hold office during good behavior;
                            ``(ii) a United States magistrate judge; or
                            ``(iii) a bankruptcy judge; and
                    ``(C) the term `employing office' means any office 
                or entity of the judicial branch of the United States 
                Government that employs covered employees.
            ``(2) Restriction.--A covered employee may not request that 
        an applicant for employment as a covered employee disclose 
        criminal history record information if the request would be 
        prohibited under section 9202 of title 5 if made by an employee 
        of an agency.
            ``(3) Employing office policies; complaint procedure.--The 
        provisions of sections 9203 and 9206 of title 5 shall apply to 
        employing offices and to applicants for employment as covered 
        employees, consistent with regulations issued by the Director 
        to implement this subsection.
            ``(4) Adverse action.--
                    ``(A) Adverse action.--The Director may take such 
                adverse action with respect to a covered employee who 
                violates paragraph (2) as would be appropriate under 
                section 9204 of title 5 if the violation had been 
                committed by an employee of an agency.
                    ``(B) Appeals.--The Director shall by rule 
                establish procedures providing for an appeal from any 
                adverse action taken under subparagraph (A) by not 
                later than 30 days after the date of the action.
                    ``(C) Applicability of other laws.--Except as 
                provided in subparagraph (B), an adverse action taken 
                under subparagraph (A) (including a determination in an 
                appeal from such an action under subparagraph (B)) 
                shall not be subject to appeal or judicial review.
            ``(5) Regulations to be issued.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the Fair Chance to Compete for 
                Jobs Act of 2019, the Director shall issue regulations 
                to implement this subsection.
                    ``(B) Parallel with agency regulations.--The 
                regulations issued under subparagraph (A) shall be the 
                same as substantive regulations promulgated by the 
                Director of the Office of Personnel Management under 
                section 2(b)(1) of the Fair Chance to Compete for Jobs 
                Act of 2019 except to the extent that the Director of 
                the Administrative Office of the United States Courts 
                may determine, for good cause shown and stated together 
                with the regulation, that a modification of such 
                regulations would be more effective for the 
                implementation of the rights and protections under this 
                subsection.
            ``(6) Effective date.--Paragraphs (1) through (4) shall 
        take effect on the date on which section 9202 of title 5 
        applies with respect to agencies.''.

SEC. 16. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS PRIOR 
              TO CONDITIONAL OFFER.

    (a) Civilian Agency Contracts.--
            (1) In general.--Chapter 47 of title 41, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 4714. Prohibition on criminal history inquiries by contractors 
              prior to conditional offer
    ``(a) Limitation on Criminal History Inquiries.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), an executive agency--
                    ``(A) may not require that an individual or sole 
                proprietor who submits a bid for a contract to disclose 
                criminal history record information regarding that 
                individual or sole proprietor before determining the 
                apparent awardee; and
                    ``(B) shall require, as a condition of receiving a 
                Federal contract and receiving payments under such 
                contract that the contractor may not verbally, or 
                through written form, request the disclosure of 
                criminal history record information regarding an 
                applicant for a position related to work under such 
                contract before the contractor extends a conditional 
                offer to the applicant.
            ``(2) Otherwise required by law.--The prohibition under 
        paragraph (1) does not apply with respect to a contract if 
        consideration of criminal history record information prior to a 
        conditional offer with respect to the position is otherwise 
        required by law.
            ``(3) Exception for certain positions.--
                    ``(A) In general.--The prohibition under paragraph 
                (1) does not apply with respect to--
                            ``(i) a contract that requires an 
                        individual hired under the contract to access 
                        classified information or to have sensitive law 
                        enforcement or national security duties; or
                            ``(ii) a position that the Administrator of 
                        General Services identifies under the 
                        regulations issued under subparagraph (B).
                    ``(B) Regulations.--
                            ``(i) Issuance.--Not later than 16 months 
                        after the date of enactment of the Fair Chance 
                        to Compete for Jobs Act of 2019, the 
                        Administrator of General Services, in 
                        consultation with the Secretary of Defense, 
                        shall issue regulations identifying additional 
                        positions with respect to which the prohibition 
                        under paragraph (1) shall not apply, giving due 
                        consideration to positions that involve 
                        interaction with minors, access to sensitive 
                        information, or managing financial 
                        transactions.
                            ``(ii) Compliance with civil rights laws.--
                        The regulations issued under clause (i) shall--
                                    ``(I) be consistent with, and in no 
                                way supersede, restrict, or limit the 
                                application of title VII of the Civil 
                                Rights Act of 1964 (42 U.S.C. 2000e et 
                                seq.) or other relevant Federal civil 
                                rights laws; and
                                    ``(II) ensure that all hiring 
                                activities conducted pursuant to the 
                                regulations are conducted in a manner 
                                consistent with relevant Federal civil 
                                rights laws.
    ``(b) Complaint Procedures.--The Administrator of General Services 
shall establish and publish procedures under which an applicant for a 
position with a Federal contractor may submit to the Administrator a 
complaint, or any other information, relating to compliance by the 
contractor with subsection (a)(1)(B).
    ``(c) Action for Violations of Prohibition on Criminal History 
Inquiries.--
            ``(1) First violation.--If the head of an executive agency 
        determines that a contractor has violated subsection (a)(1)(B), 
        such head shall--
                    ``(A) notify the contractor;
                    ``(B) provide 30 days after such notification for 
                the contractor to appeal the determination; and
                    ``(C) issue a written warning to the contractor 
                that includes a description of the violation and the 
                additional remedies that may apply for subsequent 
                violations.
            ``(2) Subsequent violation.--If the head of an executive 
        agency determines that a contractor that was subject to 
        paragraph (1) has committed a subsequent violation of 
        subsection (a)(1)(B), such head shall notify the contractor, 
        shall provide 30 days after such notification for the 
        contractor to appeal the determination, and, in consultation 
        with the relevant Federal agencies, may take actions, depending 
        on the severity of the infraction and the contractor's history 
        of violations, including--
                    ``(A) providing written guidance to the contractor 
                that the contractor's eligibility for contracts 
                requires compliance with this section;
                    ``(B) requiring that the contractor respond within 
                30 days affirming that the contractor is taking steps 
                to comply with this section; and
                    ``(C) suspending payment under the contract for 
                which the applicant was being considered until the 
                contractor demonstrates compliance with this section.
    ``(d) Definitions.--In this section:
            ``(1) Conditional offer.--The term `conditional offer' 
        means an offer of employment for a position related to work 
        under a contract that is conditioned upon the results of a 
        criminal history inquiry.
            ``(2) Criminal history record information.--The term 
        `criminal history record information' has the meaning given 
        that term in section 9201 of title 5.''.
            (2) Clerical amendment.--The table of sections for chapter 
        47 of title 41, United States Code, is amended by adding at the 
        end the following new item:

``4714. Prohibition on criminal history inquiries by contractors prior 
                            to conditional offer.''.
            (3) Effective date.--Section 4714 of title 41, United 
        States Code, as added by paragraph (1), shall apply with 
        respect to contracts awarded pursuant to solicitations issued 
        after the effective date described in section 2(b)(2) of this 
        Act.
    (b) Defense Contracts.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by inserting after section 2338 the following 
        new section:
``Sec. 2339. Prohibition on criminal history inquiries by contractors 
              prior to conditional offer
    ``(a) Limitation on Criminal History Inquiries.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the head of an agency--
                    ``(A) may not require that an individual or sole 
                proprietor who submits a bid for a contract to disclose 
                criminal history record information regarding that 
                individual or sole proprietor before determining the 
                apparent awardee; and
                    ``(B) shall require as a condition of receiving a 
                Federal contract and receiving payments under such 
                contract that the contractor may not verbally or 
                through written form request the disclosure of criminal 
                history record information regarding an applicant for a 
                position related to work under such contract before 
                such contractor extends a conditional offer to the 
                applicant.
            ``(2) Otherwise required by law.--The prohibition under 
        paragraph (1) does not apply with respect to a contract if 
        consideration of criminal history record information prior to a 
        conditional offer with respect to the position is otherwise 
        required by law.
            ``(3) Exception for certain positions.--
                    ``(A) In general.--The prohibition under paragraph 
                (1) does not apply with respect to--
                            ``(i) a contract that requires an 
                        individual hired under the contract to access 
                        classified information or to have sensitive law 
                        enforcement or national security duties; or
                            ``(ii) a position that the Secretary of 
                        Defense identifies under the regulations issued 
                        under subparagraph (B).
                    ``(B) Regulations.--
                            ``(i) Issuance.--Not later than 16 months 
                        after the date of enactment of the Fair Chance 
                        to Compete for Jobs Act of 2019, the Secretary 
                        of Defense, in consultation with the 
                        Administrator of General Services, shall issue 
                        regulations identifying additional positions 
                        with respect to which the prohibition under 
                        paragraph (1) shall not apply, giving due 
                        consideration to positions that involve 
                        interaction with minors, access to sensitive 
                        information, or managing financial 
                        transactions.
                            ``(ii) Compliance with civil rights laws.--
                        The regulations issued under clause (i) shall--
                                    ``(I) be consistent with, and in no 
                                way supersede, restrict, or limit the 
                                application of title VII of the Civil 
                                Rights Act of 1964 (42 U.S.C. 2000e et 
                                seq.) or other relevant Federal civil 
                                rights laws; and
                                    ``(II) ensure that all hiring 
                                activities conducted pursuant to the 
                                regulations are conducted in a manner 
                                consistent with relevant Federal civil 
                                rights laws.
    ``(b) Complaint Procedures.--The Secretary of Defense shall 
establish and publish procedures under which an applicant for a 
position with a Department of Defense contractor may submit a 
complaint, or any other information, relating to compliance by the 
contractor with subsection (a)(1)(B).
    ``(c) Action for Violations of Prohibition on Criminal History 
Inquiries.--
            ``(1) First violation.--If the Secretary of Defense 
        determines that a contractor has violated subsection (a)(1)(B), 
        the Secretary shall--
                    ``(A) notify the contractor;
                    ``(B) provide 30 days after such notification for 
                the contractor to appeal the determination; and
                    ``(C) issue a written warning to the contractor 
                that includes a description of the violation and the 
                additional remedies that may apply for subsequent 
                violations.
            ``(2) Subsequent violations.--If the Secretary of Defense 
        determines that a contractor that was subject to paragraph (1) 
        has committed a subsequent violation of subsection (a)(1)(B), 
        the Secretary shall notify the contractor, shall provide 30 
        days after such notification for the contractor to appeal the 
        determination, and, in consultation with the relevant Federal 
        agencies, may take actions, depending on the severity of the 
        infraction and the contractor's history of violations, 
        including--
                    ``(A) providing written guidance to the contractor 
                that the contractor's eligibility for contracts 
                requires compliance with this section;
                    ``(B) requiring that the contractor respond within 
                30 days affirming that the contractor is taking steps 
                to comply with this section; and
                    ``(C) suspending payment under the contract for 
                which the applicant was being considered until the 
                contractor demonstrates compliance with this section.
    ``(d) Definitions.--In this section:
            ``(1) Conditional offer.--The term `conditional offer' 
        means an offer of employment for a position related to work 
        under a contract that is conditioned upon the results of a 
        criminal history inquiry.
            ``(2) Criminal history record information.--The term 
        `criminal history record information' has the meaning given 
        that term in section 9201 of title 5.''.
            (2) Effective date.--Section 2339(a) of title 10, United 
        States Code, as added by paragraph (1), shall apply with 
        respect to contracts awarded pursuant to solicitations issued 
        after the effective date described in section 2(b)(2) of this 
        Act.
            (3) Clerical amendment.--The table of sections for chapter 
        137 of title 10, United States Code, is amended by inserting 
        after the item relating to section 2338 the following new item:

``2339. Prohibition on criminal history inquiries by contractors prior 
                            to conditional offer.''.
    (c) Revisions to Federal Acquisition Regulation.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Federal Acquisition Regulatory 
        Council shall revise the Federal Acquisition Regulation to 
        implement section 4714 of title 41, United States Code, and 
        section 2339 of title 10, United States Code, as added by this 
        section.
            (2) Consistency with office of personnel management 
        regulations.--The Federal Acquisition Regulatory Council shall 
        revise the Federal Acquisition Regulation under paragraph (1) 
        to be consistent with the regulations issued by the Director of 
        the Office of Personnel Management under section 2(b)(1) to the 
        maximum extent practicable. The Council shall include together 
        with such revision an explanation of any substantive 
        modification of the Office of Personnel Management regulations, 
        including an explanation of how such modification will more 
        effectively implement the rights and protections under this 
        section.

SEC. 17. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN 
              FEDERAL PRISONS.

    (a) Definition.--In this section, the term ``covered individual''--
            (1) means an individual who has completed a term of 
        imprisonment in a Federal prison for a Federal criminal 
        offense; and
            (2) does not include an alien who is or will be removed 
        from the United States for a violation of the immigration laws 
        (as such term is defined in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101)).
    (b) Study and Report Required.--The Director of the Bureau of 
Justice Statistics, in coordination with the Director of the Bureau of 
the Census, shall--
            (1) not later than 180 days after the date of enactment of 
        this Act, design and initiate a study on the employment of 
        covered individuals after their release from Federal prison, 
        including by collecting--
                    (A) demographic data on covered individuals, 
                including race, age, and sex; and
                    (B) data on employment and earnings of covered 
                individuals who are denied employment, including the 
                reasons for the denials; and
            (2) not later than 2 years after the date of enactment of 
        this Act, and every 5 years thereafter, submit a report that 
        does not include any personally identifiable information on the 
        study conducted under paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (C) the Committee on Oversight and Reform of the 
                House of Representatives; and
                    (D) the Committee on Education and Labor of the 
                House of Representatives.

SEC. 18. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

SEC. 19. DEFINITIONS.

    In this Act:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals convicted of criminal offenses, 
        whether publicly or privately operated, except that such term 
        does not include any residential community treatment center (or 
        similar public or private facility).
            (2) Criminal justice sentence.--The term ``criminal justice 
        sentence'' means any requirement imposed pursuant to a 
        sentence, including incarceration, supervised release, parole, 
        or probation.
            (3) Election.--The term ``election'' means--
                    (A) a general, special, primary, or runoff 
                election;
                    (B) a convention or caucus of a political party 
                held to nominate a candidate;
                    (C) a primary election held for the selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (4) Eligible offense.--The term ``eligible offense'' means 
        an offense for a controlled substances with respect to an 
        amount that is lower than the benchmark determined by the 
        Commission on Substance Use, Health, and Safety established 
        under section 6 of this Act.
            (5) Federal office.--The term ``Federal office'' means the 
        office of President or Vice President of the United States, or 
        of Senator or Representative in, or Delegate or Resident 
        Commissioner to, the Congress of the United States.
            (6) Indigenous communities.--The term ``Indigenous 
        communities'' includes each of the Federally recognized Indian 
        tribes.
            (7) Probation.--The term ``probation'' means probation, 
        imposed by a Federal, State, or local court, with or without a 
        condition on the individual involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.
                                 <all>