,,ii #aafth ,,congress #ast ,session ,s4 #bica ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjai,mr4 ,cornyn 7for himself1 ,mr4 ,whitehouse1 ,mr4 ,lee1 ,mr4 ,leahy1 ,mr4 ,grassley1 ,mr4 ,durbin1 ,mr4 ,tillis1 ,mr4 ,blumenthal1 ,mr4 ,portman1 ,mr4 ,coons1 ,ms4 ,ernst1 and ,mr4 ,crapo7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish a process for obtaining a ,federal certificate of rehabilitation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,recognizing ,education1 ,employment1 ,new skills1 and ,treatment to ,enable ,reintegration ,act of #bjai or the ,,re-,,enter ,act4 #b4 ,federal certificate of rehabilitation 7a7 ,in general ,subchapter ,a of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cfji4 ,federal certificate of rehabilitation 7a7 ,definitions ,in this section3 7#a7 ,eligible offender ,the term eligible offender means an individual who has been convicted of a ,federal offense4 7#b7 ,federal certificate of rehabilitation ,the term ,federal certificate of rehabilitation means a certificate acknowledging that the eligible offender has demonstrated that the eligible offender is committed to a law-abiding future and has successfully reintegrated into society4 7b7 ,issuance of ,federal certificates of rehabilitation 7#a7 ,notice 7,a7 ,in general ,at sentencing1 the court shall advise an eligible offender that the offender may petition a district court of the ,united ,states to issue a ,federal certificate of rehabilitation for a conviction that was entered by such court4 7,b7 ,notice prior to release ,if an eligible offender is sentenced to a term of imprisonment1 the ,bureau of ,prisons and ,united ,states ,probation and ,pretrial ,services shall1 not later than #cj days before the date on which the eligible offender is to be released from ,federal custody1 provide notice to the eligible offender that the offender may petition a district court of the ,united ,states to issue a ,federal certificate of rehabilitation4 7#b7 ,request for certificate of rehabilitation ,an eligible offender may petition a district court of the ,united ,states to issue a ,federal certificate of rehabilitation for a conviction that was entered by such court-- 7,a7 at sentencing1 if the eligible offender is not sentenced to a term of imprisonment or a term of supervised release2 7,b7 upon release from ,federal custody1 if the eligible offender is sentenced to a term of imprisonment and not sentenced to a term of supervised release2 and 7,c7 after completion of a #a-year period of supervised release1 if the eligible offender is sentenced to a term of imprisonment and a term of supervised release1 or upon early discharge from supervised release before completing the #a-year period4 7#c7 ,order for issuance of certificate 7,a7 ,in general ,upon a petition filed with a district court of the ,united ,states under paragraph 7#b71 the court may issue a ,federal certificate of rehabilitation if the court finds1 by clear and convincing evidence1 that an eligible offender has-- 7i7 demonstrated a commitment to a law-abiding future2 and 7ii7 successfully reintegrated into society4 7,b7 ,factors for making determination ,in determining whether to issue a ,federal certificate of rehabilitation under subparagraph 7,a71 the court may consider1 in addition to other factors the court determines relevant-- 7i7 the initial crime of conviction of the eligible offender2 7ii7 the nature and duration of any participation in or completion of any job-training or re-entry program by the eligible offender2 7iii7 the nature and duration of any participation in or completion of any education program by the eligible offender2 7iv7 the nature and duration of any participation in or completion of a substance abuse or mental health program by the eligible offender2 7v7 attempts by the eligible offender to secure employment following the completion of the sentence of the eligible offender2 7vi7 attempts by the eligible offender to make restitution for the offense2 7vii7 the current economic and social circumstances of the eligible offender2 7viii7 the conduct of the eligible offender while serving1 in connection with the instant offense1 any term of probation1 imprisonment1 and supervised release and following any term of supervised release2 and 7ix7 the amount of time that has passed since the conviction of the eligible offender4 7,c7 ,delayed issuance ,the court may defer the issuance of a ,federal certificate of rehabilitation under subparagraph 7,a71 for a period of time to be determined by the court1 to allow the offender to demonstrate successful compliance with the terms of a prior-imposed sentence4 7#d7 ,assistance of counsel ,a ,federal ,public or ,community ,defender or other counsel qualified to be appointed under section #cjjf;,a for the jurisdiction in which an eligible offender was initially convicted or served a term of supervised release may be appointed by the court to assist an eligible offender-- 7,a7 in preparing a petition for a ,federal certificate of rehabilitation to be filed under paragraph 7#b72 and 7,b7 with any further proceedings relating to the issuance of a ,federal certificate of rehabilitation under this section4 7#e7 ,evidence presented by ,chief ,probation ,officer 7,a7 ,in general ,in determining whether to issue a ,federal certificate of rehabilitation under paragraph 7#a71 the court shall provide the ,chief ,probation ,officer for the judicial district in which the eligible offender was convicted or served a term of supervised release an opportunity to present evidence in support or opposition to the issuance of a ,federal certificate of rehabilitation under this section4 7,b7 ,presumption ,if the court receives a written recommendation from a ,chief ,probation ,officer under subparagraph 7,a7 in favor of issuing a ,federal certificate of rehabilitation for an eligible offender1 there shall be a rebuttable presumption that the ,federal certificate of rehabilitation should be issued4 7#f7 ,evidence presented by ,united ,states ,attorney 7,a7 ,in general ,in determining whether to issue a ,federal certificate of rehabilitation under paragraph 7#a71 the court shall provide the appropriate office of the ,united ,states ,attorney an opportunity to present evidence in support or opposition to the issuance of the ,federal certificate of rehabilitation1 including any information from any victim and any ,state or local prosecutor and law enforcement agency associated with the underlying conviction4 7,b7 ,requirement ,in presenting evidence under subparagraph 7,a71 the office of the ,united ,states ,attorney shall act in compliance with section #cgga4 7c7 ,sense of ,congress as to the effect of ,federal certificates of rehabilitation ,it is the sense of ,congress that-- 7#a7 a ,federal certificate of rehabilitation shall act as an expungement of any prior conviction of an eligible offender for the purposes of any employment1 licensing1 education1 housing1 or other determination2 7#b7 in a judicial or administrative proceeding alleging lack of due care in hiring1 retaining1 licensing1 leasing to1 admitting to a school or program1 or otherwise transacting business or engaging in activity with the individual to whom a ,federal certificate of rehabilitation was issued1 a person should be presumed to have exercised due care if the person against whom the judicial or administrative proceeding is brought relied on the ,federal certificate of rehabilitation at the time of the alleged negligence2 7#c7 the ,president should consider the issuance of a ,federal certificate of rehabilitation in determining whether an eligible offender should receive a pardon or other form of clemency2 and 7#d7 that each ,federal agency should consider the issuance of a ,federal certificate of rehabilitation in the course of evaluating applications for employment at the agency4 4 7b7 ,technical and conforming amendment ,the table of sections for subchapter ,a of chapter #bbi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relation to section #cfjh the following3 #cfji4 ,federal certificate of rehabilitation4 4 7c7 ,relief from disabilities 7#a7 ,federally assisted housing ,subtitle ,f of the ,quality ,housing and ,work ,responsibility ,act of #aiih 7#db ,u4,s4,c4 #acffa et seq47 is amended-- 7,a7 in section #egf7;c7 7#db ,u4,s4,c4 #acffa7;c77 is amended-- 7i7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 and adjusting the margins accordingly2 7ii7 by striking ,except as and inserting the following3 7#a7 ,in general ,except as 2 7iii7 in subparagraph 7,b71 as so redesignated1 by striking paragraph 7#a7 and inserting subparagraph 7,a72 and 7iv7 by adding at the end the following3 7#b7 ,federal certificate of rehabilitation ,if an applicant presents a ,federal certificate of rehabilitation issued under section #cfji of title #ah1 ,united ,states ,code1 there shall be a presumption against denying the applicant admission to the program or to federally assisted housing under this subsection4 2 and 7,b7 in section #egg7;b7 7#db ,u4,s4,c4 #acffb7;b77-- 7i7 in paragraph 7#b71 by striking or at the end2 7ii7 in paragraph 7#c71 by striking the period at the end and inserting 2 or2 and 7iii7 by adding at the end the following3 7#d7 has been issued a ,federal certificate of rehabilitation under section #cfji of title #ah1 ,united ,states ,code1 in which case there shall be a presumption against the termination of tenancy or assistance4 4 7#b7 ,denial of ,federal benefits ,section #dba of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hfb7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,c71 by inserting 1 unless the individual has been issued a ,federal certificate of rehabilitation under section #cfji of title #ah1 ,united ,states ,code1 in which case1 at the discretion of the court1 the individual may retain eligibility for any or all ,federal benefits before the period at the end2 and 7ii7 in paragraph 7#b7-- 7,i7 by inserting 7,a7 before ,the benefits2 and 7,,ii7 by adding at the end the following3 7,b7 ,for purposes of subparagraph 7,a71 any individual who is issued a ,federal certificate of rehabilitation under section #cfji of title #ah1 ,united ,states ,code1 shall be presumed to be rehabilitated4 2 7,b7 in subsection 7b77#b7-- 7i7 by inserting 7,a7 before ,the penalties2 and 7ii7 by adding at the end the following3 7,b7 ,for purposes of subparagraph 7,a71 any individual who is issued a ,federal certificate of rehabilitation under section #cfji of title #ah1 ,united ,states ,code1 shall be presumed to be rehabilitated4 2 and 7,c7 in subsection 7c77,b71 by inserting been issued a ,federal certificate of rehabilitation under section #cfji of title #ah1 ,united ,states ,code1 or before otherwise4 7#c7 ,jury service ,section #ahfe of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,for purposes of a determination under subsection 7b77#e71 a court shall consider whether an individual who has been issued a ,federal certificate of rehabilitation under section #cfji of title #ah is qualified to serve on grand and petit juries in the district court4 4 7#d7 ,persons not qualified for enlistment ,section #ejd7;a7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 ,in the case of a person convicted of a felony who has been issued a ,federal certificate of rehabilitation under section #cfji of title #ah1 the ,secretary concerned shall consider whether to authorize an exception under the previous sentence44 7#e7 ,executive clemency ,not later than #fj days after the date of enactment of this ,act1 the ,attorney ,general shall amend section #a4f7;c7 of title #bh1 ,code of ,federal ,regulations1 to reflect that a ,federal certificate of rehabilitation should factor in favor of a clemency application4