,,ii #aafth ,,congress #ast ,session ,s4 #fig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjai ,mr4 ,booker introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reform sentencing1 prisons1 re-entry of prisoners1 and law enforcement practices1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,next ,step ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,division ,a--,sentencing ,reform3 ,ending ,mass ,incarceration ,title ,i--,elimination of ,crack ,cocaine ,sentencing ,disparity ,sec4 #aja4 ,elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base4 ,title ,,ii--,marijuana ,justice ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,de-scheduling marihuana4 ,sec4 #bjc4 ,ineligibility for certain funds4 ,sec4 #bjd4 ,community ,reinvestment ,fund4 ,title ,,iii--,smarter ,sentencing ,act ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,sentencing modifications for certain drug offenses4 ,sec4 #cjc4 ,directive to the ,sentencing ,commission4 ,sec4 #cjd4 ,report by ,attorney ,general4 ,sec4 #cje4 ,report on ,federal criminal offenses4 ,title ,,iv--,parole for ,juveniles ,sec4 #dja4 ,parole for juveniles4 ,title ,v--,reverse ,mass ,incarceration ,sec4 #eja4 ,short title4 ,sec4 #ejb4 ,grant program4 ,division ,b--,prison ,reform ,title ,,vi--,dignity ,act ,sec4 #fja4 ,short title4 ,sec4 #fjb4 ,treatment of primary caretaker parents and other individuals in ,federal prisons4 ,sec4 #fjc4 ,overnight visit pilot program4 ,division ,c--,re-entry ,reform3 ,reducing the ,collateral ,consequences of ,conviction,title ,,vii--,fair ,chance ,act ,sec4 #gja4 ,short title4 ,sec4 #gjb4 ,prohibition on criminal history inquiries prior to conditional offer for ,federal employment4 ,sec4 #gjc4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 ,sec4 #gjd4 ,report on employment of individuals formerly incarcerated in ,federal prisons4 ,title ,,viii--,fair ,chance ,licensing ,act ,sec4 #hja4 ,short title4 ,sec4 #hjb4 ,restrictions on use of criminal records to disqualify individuals from employment1 occupational licensing1 or occupational certification4 ,sec4 #hjc4 ,transparency and accountability study4 ,title ,,ix--,,redeem ,act ,sec4 #ija4 ,short title4 ,sec4 #ijb4 ,sealing of criminal records4 ,sec4 #ijc4 ,juvenile sealing and expungement4 ,sec4 #ijd4 ,study and report on cost savings from sealing and expungement provisions4 ,sec4 #ije4 ,,tanf assistance and ,,snap benefits4 ,sec4 #ijf4 ,state incentives4 ,sec4 #ijg4 ,gender equality in ,federal juvenile delinquency proceedings4 ,sec4 #ijh4 ,ensuring accuracy in the ,,fbi background check system4 ,sec4 #iji4 ,report on statutory and regulatory restrictions and disqualifications based on criminal records4 ,title ,x--,democracy ,restoration ,act ,sec4 #ajja4 ,short title4 ,sec4 #ajjb4 ,findings4 ,sec4 #ajjc4 ,definitions4 ,sec4 #ajjd4 ,rights of citizens4 ,sec4 #ajje4 ,enforcement4 ,sec4 #ajjf4 ,notification of restoration of voting rights4 ,sec4 #ajjg4 ,relation to other laws4 ,sec4 #ajjh4 ,federal prison funds4 ,sec4 #ajji4 ,effective date4 ,title ,,xi--,new ,pathways ,act ,sec4 #aaja4 ,short title4 ,sec4 #aajb4 ,identification for returning citizens4 ,division ,d--,police ,reform ,title ,,xii--,,pride ,act ,sec4 #abja4 ,short title4 ,sec4 #abjb4 ,definitions4 ,sec4 #abjc4 ,use of force reporting4 ,sec4 #abjd4 ,community and law enforcement partnership grant program4 ,sec4 #abje4 ,compliance with reporting requirements4 ,sec4 #abjf4 ,authorization of appropriations4 ,title ,,xiii--,end ,racial and ,religious ,profiling ,act ,sec4 #acja4 ,short title4 ,sec4 #acjb4 ,definitions4 ,subtitle ,a--,prohibition of ,racial ,profiling ,sec4 #acaa4 ,prohibition4 ,sec4 #acab4 ,enforcement4 ,subtitle ,b--,programs ,to ,eliminate ,racial ,profiling ,by ,federal ,law ,enforcement ,agencies ,sec4 #acba4 ,policies to eliminate racial profiling4 ,subtitle ,c--,programs ,to ,eliminate ,racial ,profiling ,by ,state1 ,local1 and ,indian ,tribal ,law ,enforcement ,agencies ,sec4 #acca4 ,policies required for grants4 ,sec4 #accb4 ,involvement of ,attorney ,general4 ,sec4 #accc4 ,data collection demonstration project4 ,sec4 #accd4 ,best practices development grants4 ,sec4 #acce4 ,authorization of appropriations4 ,subtitle ,d--,data ,collection ,sec4 #acda4 ,attorney ,general to issue regulations4 ,sec4 #acdb4 ,publication of data4 ,sec4 #acdc4 ,limitations on publication of data4 ,subtitle ,e--,department of ,justice ,regulations and ,reports on ,racial ,profiling in the ,united ,states ,sec4 #acea4 ,attorney ,general to issue regulations and reports4 ,subtitle ,f--,miscellaneous ,provisions ,sec4 #acfa4 ,severability4 ,sec4 #acfb4 ,savings clause4 ,a ,sentencing ,reform3 ,ending ,mass ,incarceration ,i ,elimination of ,crack ,cocaine ,sentencing ,disparity #aja4 ,elimination of increased penalties for cocaine offenses where the cocaine involved is cocaine base 7a7 ,controlled substances act ,the following provisions of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 are repealed3 7#a7 ,clause 7iii7 of section #dja7;b77#a77;,a74 7#b7 ,clause 7iii7 of section #dja7;b77#a77;,b74 7b7 ,controlled substances import and export act ,the following provisions of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq47 are repealed3 7#a7 ,subparagraph 7,c7 of section #ajaj7;b77#a74 7#b7 ,subparagraph 7,c7 of section #ajaj7;b77#b74 7c7 ,applicability to pending and past cases 7#a7 ,pending cases ,this section1 and the amendments made by this section1 shall apply to any offense that was committed before the date of enactment of this ,act1 if a sentence for the offense has not been imposed as of such date of enactment4 7#b7 ,past cases ,in the case of a defendant who1 before the date of enactment of this ,act1 was convicted of an offense for which the penalty is amended by this section and was sentenced to a term of imprisonment for the offense1 the sentencing court may1 on motion of the defendant or the ,director of the ,bureau of ,prisons1 or on its own motion1 reduce the term of imprisonment for the offense1 after considering the factors set forth in section #ceec7;a7 of title #ah1 ,united ,states ,code1 to the extent the factors are applicable1 if such a reduction is consistent with-- 7,a7 this section and the amendments made by this section2 and 7,b7 applicable policy statements issued by the ,united ,states ,sentencing ,commission4 ,,ii ,marijuana ,justice ,act #bja4 ,short title ,this title may be cited as the ,marijuana ,justice ,act of #bjai4 #bjb4 ,de-scheduling marihuana 7a7 ,marihuana removed from schedule of controlled substances ,subsection 7c7 of schedule ,i of section #bjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hab7 is amended-- 7#a7 by striking marihuana2 and 7#b7 by striking tetrahydrocannabinols4 7b7 ,removal of ,prohibition on ,import and ,export ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,f71 by inserting or after the semicolon2 7,b7 by striking subparagraph 7,g72 and 7,c7 by redesignating subparagraph 7,h7 as subparagraph 7,g72 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,f71 by inserting or after the semicolon2 7,b7 by striking subparagraph 7,g72 and 7,c7 by redesignating subparagraph 7,h7 as subparagraph 7,g72 7#c7 in paragraph 7#c71 by striking paragraphs 7#a71 7#b71 and 7#d7 and inserting paragraphs 7#a7 and 7#b72 7#d7 by striking paragraph 7#d72 and 7#e7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively4 7c7 ,conforming amendments to ,controlled ,substances ,act ,the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended-- 7#a7 in section #ajb7dd7 7#ba ,u4,s4,c4 #hjb7dd771 by striking marihuana12 7#b7 in section #dja7;b7 7#ba ,u4,s4,c4 #hda7;b77-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7vi71 by inserting or after the semicolon2 7,,ii7 by striking 7vii72 and 7,,iii7 by redesignating clause 7viii7 as clause 7vii72 7ii7 in subparagraph 7,b7-- 7,i7 by striking clause 7vii72 and 7,,ii7 by redesignating clause 7viii7 as clause 7vii72 7iii7 in subparagraph 7,c71 in the first sentence1 by striking subparagraphs 7,a71 7,b71 and 7,d7 and inserting subparagraphs 7,a7 and 7,b72 7iv7 by striking subparagraph 7,d72 7v7 by redesignating subparagraph 7,e7 as subparagraph 7,d72 and 7vi7 in subparagraph 7,d77i71 as so redesignated1 by striking subparagraphs 7,c7 and 7,d7 and inserting subparagraph 7,c72 7,b7 by striking paragraph 7#d72 and 7,c7 by redesignating paragraphs 7#e71 7#f71 and 7#g7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#c7 in section #djb7;c77#b77;,b7 7#ba ,u4,s4,c4 #hdb7;c77#b77;,b771 by striking 1 marihuana12 7#d7 in section #djc7;d77#a7 7#ba ,u4,s4,c4 #hdc7;d77#a771 by striking 1 marihuana12 7#e7 in section #dah7;a7 7#ba ,u4,s4,c4 #hei7;a771 by striking the last sentence2 7#f7 in section #dai7;a7 7#ba ,u4,s4,c4 #hfj7;a771 by striking the last sentence2 7#g7 in section #dbb7;d7 7#ba ,u4,s4,c4 #hfc7;d77-- 7,a7 in the matter preceding paragraph 7#a71 by striking marijuana12 and 7,b7 in paragraph 7#e71 by striking 1 such as a marihuana cigarette12 and 7#h7 in section #eaf7;d7 7#ba ,u4,s4,c4 #hhf7;d771 by striking section #dja7;b77#f7 each place the term appears and inserting section #dja7;b77#e74 7d7 ,other conforming amendments 7#a7 ,national ,forest ,system ,drug ,control ,act of #aihf ,the ,national ,forest ,system ,drug ,control ,act of #aihf 7#af ,u4,s4,c4 #eei;b et seq47 is amended-- 7,a7 in section #aejjb7;a7 7#af ,u4,s4,c4 #eei;b7a77 by striking marijuana and other2 7,b7 in section #aejjc7b7 7#af ,u4,s4,c4 #eei;c7#b77 by striking marijuana and other2 and 7,c7 in section #aejjd7b7 7#af ,u4,s4,c4 #eei;d7#b77 by striking marijuana and other4 7#b7 ,interception of ,communications ,section #beaf of title #ah1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7#a77;e71 by striking marihuana12 and 7,b7 in subsection 7#b7 by striking marihuana14 #bjc4 ,ineligibility for certain funds 7a7 ,definitions ,in this section-- 7#a7 the term covered ,state means a ,state that has not enacted a statute legalizing marijuana in the ,state2 7#b7 the term disproportionate arrest rate means-- 7,a7 the percentage of minority individuals arrested for a marijuana related offense in a ,state is higher than the percentage of the non-minority individual population of the ,state1 as determined by the most recent census data2 or 7,b7 the percentage of low-income individuals arrested for a marijuana offense in a ,state is higher than the percentage of the population of the ,state that are not low-income individuals1 as determined by the most recent census data2 7#c7 the term disproportionate incarceration rate means the percentage of minority individuals incarcerated for a marijuana related offense in a ,state is higher than the percentage of the non-minority individual population of the ,state1 as determined by the most recent census data2 7#d7 the term low-income individual means an individual whose taxable income 7as defined in section #fc of the ,internal ,revenue ,code of #aihf7 is equal to or below the maximum dollar amount for the #ae percent rate bracket applicable to the individual under section #a of the ,internal ,revenue ,code of #aihf2 7#e7 the term marijuana has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb72 and 7#f7 the term minority individual means an individual who is a member of a racial or ethnic minority group4 7b7 ,ineligibility for certain funds 7#a7 ,in general ,for any fiscal year beginning after the date of enactment of this ,act in which the ,attorney ,general1 acting through the ,director of the ,bureau of ,justice ,assistance1 determines that a covered ,state has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses1 the covered ,state-- 7,a7 shall not be eligible to receive any ,federal funds for the construction or staffing of a prison or jail2 and 7,b7 shall be subject to not more than a #aj-percent reduction of the funds that would otherwise be allocated for that fiscal year to the covered ,state under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #cgej et seq471 whether characterized as the ,edward ,byrne ,memorial ,state and ,local ,law ,enforcement ,assistance ,programs1 the ,local ,government ,law ,enforcement ,block ,grants ,program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or otherwise4 7#b7 ,funds for certain programming ,for purposes of paragraph 7#a77;,a71 ,federal funds for the construction or staffing of a prison or jail shall not include ,federal funds used by a prison or jail to carry out recidivism reduction programming or drug addiction treatment4 7#c7 ,reallocation ,any amounts not awarded to a covered ,state because of a determination under paragraph 7#a7 shall be deposited in the ,community ,reinvestment ,fund established under section #ajd4 7c7 ,expungement of marijuana offense convictions ,each ,federal court shall issue an order expunging each conviction for a marijuana use or possession offense entered by the court before the date of enactment of this ,act4 7d7 ,sentencing review 7#a7 ,in general ,for any individual who was sentenced to a term of imprisonment for a ,federal criminal offense involving marijuana before the date of enactment of this ,act and is still serving such term of imprisonment1 the court that imposed the sentence1 shall1 on motion of the individual1 the ,director of the ,bureau of ,prisons1 the attorney for the ,government1 or the court1 conduct a sentencing hearing4 7#b7 ,potential reduced resentencing ,after a sentencing hearing under paragraph 7#a71 a court may impose a sentence on the individual as if this title1 and the amendments made by this title1 were in effect at the time the offense was committed4 7e7 ,right of action 7#a7 ,in general ,an individual who is aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate of a ,state may bring a civil action in an appropriate district court of the ,united ,states4 7#b7 ,relief ,in a civil action brought under this subsection in which the plaintiff prevails1 the court shall-- 7,a7 grant all necessary equitable and legal relief1 including declaratory relief2 and 7,b7 issue an order requiring the ,attorney ,general1 acting through the ,director of the ,bureau of ,justice ,assistance1 to-- 7i7 declare the ,state to be ineligible to receive any ,federal funds for the construction or staffing of a prison or jail in accordance with subsection 7b77#a77;,a72 and 7ii7 reduce grant funding of the ,state in accordance with subsection 7b77#a77;,b74 #bjd4 ,community ,reinvestment ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund1 to be known as the ,community ,reinvestment ,fund 7referred to in this section as the ,fund74 7b7 ,deposits ,the ,fund shall consist of-- 7#a7 any amounts not awarded to a covered ,state because of a determination under section #bjc7;b77#a72 and 7#b7 any amounts otherwise appropriated to the ,fund4 7c7 ,use of ,fund amounts ,amounts in the ,fund shall be available to the ,secretary of ,housing and ,urban ,development to establish a grant program to reinvest in communities most affected by the war on drugs1 which shall include providing grants to impacted communities for programs such as-- 7#a7 job training2 7#b7 reentry services2 7#c7 expenses related to the expungement of convictions2 7#d7 public libraries2 7#e7 community centers2 7#f7 programs and opportunities dedicated to youth2 7#g7 the special purpose fund discussed below2 and 7#h7 health education programs4 7d7 ,availability of ,fund amounts ,amounts in the ,fund shall be available without fiscal year limitation4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,fund #ejj1jjj1jjj for each of fiscal years #bjai through #bjda4 ,,iii ,smarter ,sentencing ,act #cja4 ,short title ,this title may be cited as the ,smarter ,sentencing ,act of #bjai4 #cjb4 ,sentencing modifications for certain drug offenses 7a7 ,controlled ,substances ,act ,the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 is amended-- 7#a7 in section #ajb 7#ba ,u4,s4,c4 #hjb7-- 7,a7 by redesignating paragraph 7#eh7 as paragraph 7#ei72 7,b7 by redesignating the second paragraph 7#eg7 7relating to the term serious drug felony7 as paragraph 7#eh72 and 7,c7 by adding at the end the following3 7#fj7 ,the term courier means a defendant whose role in the offense was limited to transporting or storing drugs or money4 2 and 7#b7 in section #dja7;b77#a7 7#ba ,u4,s4,c4 #hda7;b77#a77-- 7,a7 in subparagraph 7,a71 in the flush text following clause 7viii7-- 7i7 by striking #aj years or more and inserting #e years or more2 7ii7 by striking such person shall be sentenced to a term of imprisonment which may not be less than #ae years and and inserting such person shall be sentenced to a term of imprisonment of not less than #aj years and2 and 7,b7 in subparagraph 7,b71 in the flush text following clause 7viii7-- 7i7 by striking #e years and inserting #b years2 and 7ii7 by striking not be less than #aj years and inserting not be less than #e years4 7b7 ,controlled ,substances ,import and ,export ,act ,section #ajaj7;b7 of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7;b77 is amended-- 7#a7 in paragraph 7#a71 in the flush text following subparagraph 7,h7-- 7,a7 by inserting 1 other than a person who is a courier1 after such violation2 7,b7 by striking person commits and inserting person1 other than a courier1 commits2 and 7,c7 by inserting ,if a person who is a courier commits such a violation1 the person shall be sentenced to a term of imprisonment of not less than #e years and not more than life4 ,if a person who is a courier commits such a violation after a prior conviction for a felony drug offense has become final1 the person shall be sentenced to a term of imprisonment of not less than #aj years and not more than life4 before ,notwithstanding section #cehc2 and 7#b7 in paragraph 7#b71 in the flush text following subparagraph 7,h7-- 7,a7 by inserting 1 other than a person who is a courier1 after such violation2 7,b7 by striking person commits and inserting person1 other than a courier1 commits2 and 7,c7 by inserting ,if a person who is a courier commits such a violation1 the person shall be sentenced to a term of imprisonment of not less than #b years and not more than life4 ,if a person who is a courier commits such a violation after a prior conviction for a felony drug offense has become final1 the person shall be sentenced to a term of imprisonment of not less than #e years and not more than life4 before ,notwithstanding section #cehc4 #cjc4 ,directive to the ,sentencing ,commission 7a7 ,directive to ,sentencing ,commission ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall review and amend1 if appropriate1 its guidelines and its policy statements applicable to persons convicted of an offense under section #dja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hda7 or section #ajaj of the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #ifj7 to ensure that the guidelines and policy statements are consistent with the amendments made by section #cjb of this title and reflect the intent of ,congress that such penalties be decreased in accordance with the amendments made by such section #cjb4 7b7 ,considerations ,in carrying out this section1 the ,united ,states ,sentencing ,commission shall consider-- 7#a7 the mandate of the ,united ,states ,sentencing ,commission1 under section #iid7;g7 of title #bh1 ,united ,states ,code1 to formulate the sentencing guidelines in such a way as to minimize the likelihood that the ,federal prison population will exceed the capacity of the ,federal prisons2 7#b7 the findings and conclusions of the ,united ,states ,sentencing ,commission in its ,october #bjaa report to ,congress entitled1 ,mandatory ,minimum ,penalties in the ,federal ,criminal ,justice ,system2 7#c7 the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the ,united ,states ,sentencing ,commission2 7#d7 the relevant public safety concerns involved in the considerations before the ,united ,states ,sentencing ,commission2 7#e7 the intent of ,congress that penalties for violent1 repeat1 and serious drug traffickers who present public safety risks remain appropriately severe2 and 7#f7 the need to reduce and prevent racial disparities in ,federal sentencing4 7c7 ,emergency authority ,the ,united ,states ,sentencing ,commission shall-- 7#a7 promulgate the guidelines1 policy statements1 or amendments provided for in this ,act as soon as practicable1 and in any event not later than #abj days after the date of enactment of this ,act1 in accordance with the procedure set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note71 as though the authority under that ,act had not expired2 and 7#b7 pursuant to the emergency authority provided under paragraph 7#a71 make such conforming amendments to the ,federal sentencing guidelines as the ,commission determines necessary to achieve consistency with other guideline provisions and applicable law4 #cjd4 ,report by ,attorney ,general ,not later than #f months after the date of enactment of this ,act1 the ,attorney ,general shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report outlining how the reduced expenditures on ,federal corrections and the cost savings resulting from this ,act will be used to help reduce overcrowding in the ,federal ,bureau of ,prisons1 help increase proper investment in law enforcement and crime prevention1 and help reduce criminal recidivism1 thereby increasing the effectiveness of ,federal criminal justice spending4 #cje4 ,report on ,federal criminal offenses 7a7 ,definitions ,in this section-- 7#a7 the term criminal regulatory offense means a ,federal regulation that is enforceable by a criminal penalty2 and 7#b7 the term criminal statutory offense means a criminal offense under a ,federal statute4 7b7 ,report on criminal statutory offenses ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report1 which shall include-- 7#a7 a list of all criminal statutory offenses1 including a list of the elements for each criminal statutory offense2 and 7#b7 for each criminal statutory offense listed under paragraph 7#a7-- 7,a7 the potential criminal penalty for the criminal statutory offense2 7,b7 the number of prosecutions for the criminal statutory offense brought by the ,department of ,justice each year for the #ae-year period preceding the date of enactment of this ,act2 and 7,c7 the mens rea requirement for the criminal statutory offense4 7c7 ,report on criminal regulatory offenses 7#a7 ,reports ,not later than #a year after the date of enactment of this ,act1 the head of each ,federal agency described in paragraph 7#b7 shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report1 which shall include-- 7,a7 a list of all criminal regulatory offenses enforceable by the agency2 and 7,b7 for each criminal regulatory offense listed under subparagraph 7,a7-- 7i7 the potential criminal penalty for a violation of the criminal regulatory offense2 7ii7 the number of violations of the criminal regulatory offense referred to the ,department of ,justice for prosecution in each of the years during the #ae-year period preceding the date of enactment of this ,act2 and 7iii7 the mens rea requirement for the criminal regulatory offense4 7#b7 ,agencies described ,the ,federal agencies described in this paragraph are the ,department of ,agriculture1 the ,department of ,commerce1 the ,department of ,education1 the ,department of ,energy1 the ,department of ,health and ,human ,services1 the ,department of ,homeland ,security1 the ,department of ,housing and ,urban ,development1 the ,department of the ,interior1 the ,department of ,labor1 the ,department of ,transportation1 the ,department of the ,treasury1 the ,commodity ,futures ,trading ,commission1 the ,consumer ,product ,safety ,commission1 the ,equal ,employment ,opportunity ,commission1 the ,export-,import ,bank of the ,united ,states1 the ,farm ,credit ,administration1 the ,federal ,communications ,commission1 the ,federal ,deposit ,insurance ,corporation1 the ,federal ,election ,commission1 the ,federal ,labor ,relations ,authority1 the ,federal ,maritime ,commission1 the ,federal ,mine ,safety and ,health ,review ,commission1 the ,federal ,trade ,commission1 the ,national ,labor ,relations ,board1 the ,national ,transportation ,safety ,board1 the ,nuclear ,regulatory ,commission1 the ,occupational ,safety and ,health ,review ,commission1 the ,office of ,compliance1 the ,postal ,regulatory ,commission1 the ,securities and ,exchange ,commission1 the ,securities ,investor ,protection ,corporation1 the ,environmental ,protection ,agency1 the ,small ,business ,administration1 the ,federal ,housing ,finance ,agency1 and the ,office of ,government ,ethics4 7d7 ,index ,not later than #b years after the date of enactment of this ,act-- 7#a7 the ,attorney ,general shall establish a publicly accessible index of each criminal statutory offense listed in the report required under subsection 7b7 and make the index available and freely accessible on the website of the ,department of ,justice2 and 7#b7 the head of each agency described in subsection 7c77#b7 shall establish a publicly accessible index of each criminal regulatory offense listed in the report required under subsection 7c77#a7 and make the index available and freely accessible on the website of the agency4 7e7 ,rule of construction ,nothing in this section shall be construed to require or authorize appropriations4 ,,iv ,parole for ,juveniles #dja4 ,parole for juveniles 7a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 is amended by inserting after section #ejcb the following3 #ejcb;,a4 ,modification of an imposed term of imprisonment for violations of law committed prior to age #ah 7a7 ,in general ,notwithstanding any other provision of law1 a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained #ah years of age if-- 7#a7 the defendant has served not less than #bj years in custody for the offense2 and 7#b7 the court finds1 after considering the factors set forth in subsection 7c71 that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification4 7b7 ,supervised release ,any defendant whose sentence is reduced pursuant to subsection 7a7 shall be ordered to serve a period of supervised release of not less than #e years following release from imprisonment4 ,the conditions of supervised release and any modification or revocation of the term of supervise release shall be in accordance with section #cehc4 7c7 ,factors and information ,to be considered in determining whether ,to modify a term of imprisonment ,the court1 in determining whether to reduce a term of imprisonment pursuant to subsection 7a71 shall consider-- 7#a7 the factors described in section #ceec7;a71 including the nature of the offense and the history and characteristics of the defendant2 7#b7 the age of the defendant at the time of the offense2 7#c7 a report and recommendation of the ,bureau of ,prisons1 including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational1 vocational1 or other prison program1 where available2 7#d7 a report and recommendation of the ,united ,states attorney for any district in which an offense for which the defendant is imprisoned was prosecuted2 7#e7 whether the defendant has demonstrated maturity1 rehabilitation1 and a fitness to reenter society sufficient to justify a sentence reduction2 7#f7 any statement1 which may be presented orally or otherwise1 by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased2 7#g7 any report from a physical1 mental1 or psychiatric examination of the defendant conducted by a licensed health care professional2 7#h7 the family and community circumstances of the defendant at the time of the offense1 including any history of abuse1 trauma1 or involvement in the child welfare system2 7#i7 the extent of the role of the defendant in the offense and whether1 and to what extent1 an adult was involved in the offense2 7#aj7 the diminished culpability of juveniles as compared to that of adults1 and the hallmark features of youth1 including immaturity1 impetuosity1 and failure to appreciate risks and consequences1 which counsel against sentencing juveniles to the otherwise applicable term of imprisonment2 and 7#aa7 any other information the court determines relevant to the decision of the court4 7d7 ,limitation on applications pursuant to this section 7#a7 ,second application ,not earlier than #e years after the date on which an order entered by a court on an initial application under this section becomes final1 a court shall entertain a second application by the same defendant under this section4 7#b7 ,final application ,not earlier than #e years after the date on which an order entered by a court on a second application under paragraph 7#a7 becomes final1 a court shall entertain a final application by the same defendant under this section4 7#c7 ,prohibition ,a court may not entertain an application filed after an application filed under paragraph 7#b7 by the same defendant4 7e7 ,procedures 7#a7 ,notice ,the ,bureau of ,prisons shall provide written notice of this section to-- 7,a7 any defendant who has served not less than #ai years in prison for an offense committed and completed before the defendant attained #ah years of age for which the defendant was convicted as an adult2 and 7,b7 the sentencing court1 the ,united ,states attorney1 and the ,federal ,public ,defender or ,executive ,director of the ,community ,defender ,organization for the judicial district in which the sentence described in subparagraph 7,a7 was imposed4 7#b7 ,crime victims rights ,upon receiving notice under paragraph 7#a71 the ,united ,states attorney shall provide any notifications required under section #cgga4 7#c7 ,application 7,a7 ,in general ,an application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material4 7,b7 ,requirement ,a motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the ,united ,states attorney for the judicial district in which the sentence was imposed4 7#d7 ,expanding the record2 hearing 7,a7 ,expanding the record ,after the filing of a motion to reduce a sentence under this section1 the court may direct the parties to expand the record by submitting additional written materials relating to the motion4 7,b7 ,hearing 7i7 ,in general ,the court shall conduct a hearing on the motion1 at which the defendant and counsel for the defendant shall be given the opportunity to be heard4 7ii7 ,evidence ,in a hearing under this section1 the court may allow parties to present evidence4 7iii7 ,defendant's presence ,at a hearing under this section1 the defendant shall be present unless the defendant waives the right to be present4 ,the requirement under this clause may be satisfied by the defendant appearing by video teleconference4 7iv7 ,counsel ,a defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section1 including any appeal1 unless the defendant waives the right to counsel4 7v7 ,findings ,the court shall state in open court1 and file in writing1 the reasons for granting or denying a motion under this section4 7,c7 ,appeal ,the ,government or the defendant may file a notice of appeal in the district court for review of a final order under this section4 ,the time limit for filing such appeal shall be governed by rule #d7;a7 of the ,federal ,rules of ,appellate ,procedure4 7f7 ,educational and rehabilitative programs ,a defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained #ah years of age may not be deprived of any educational1 training1 or rehabilitative program that is otherwise available to the general prison population4 4 7b7 ,table of sections ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #ejcb the following3 #ejcb;,a4 ,modification of an imposed term of imprisonment for violations of law committed prior to age #ah4 4 7c7 ,applicability ,the amendments made by this section shall apply to any conviction entered before1 on1 or after the date of enactment of this ,act4 ,v ,reverse ,mass ,incarceration #eja4 ,short title ,this title may be cited as the ,reverse ,mass ,incarceration ,act of #bjai4 #ejb4 ,grant program 7a7 ,in general ,title ,i of the ,omnibus ,crime ,control and ,safe ,street ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by adding at the end the following3 ,,oo ,state ,prison ,population ,reduction ,grant ,program #cjea4 ,grant program 7a7 ,in general ,the ,attorney ,general may make grants to ,states to assist ,states in reducing crime rates and incarcerations4 7b7 ,eligibility ,a ,state shall be eligible to receive a grant under this section if the ,state demonstrates that1 during the #c-year period preceding the application for a grant under this section-- 7#a7 the total number of individuals incarcerated in correctional or detention facilities in the ,state was reduced by not less than #g percent2 and 7#b7 the rate of crime within the ,state did not increase by more than #c percent4 7c7 ,application ,an eligible ,state seeking a grant under this section shall submit to the ,attorney ,general an application in such form and manner and at such time as the ,attorney ,general requires1 which shall include a clear methodology based on population size and other factors4 7d7 ,use of grant funds ,a grant awarded under this section shall be used by a ,state to implement evidence-based programs designed to reduce crime rates and incarcerations4 4 7b7 ,authorization of appropriations ,section #ajja7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbfa7;a77 is amended by adding at the end the following3 7#bi7 ,there are authorized to be appropriated to carry out part ,,oo #b1jjj1jjj1jjj for each of fiscal years #bjbj through #bjbi4 4 ,b ,prison ,reform ,,vi ,dignity ,act #fja4 ,short title ,this title may be cited as the ,dignity for ,incarcerated ,women ,act of #bjai or the ,dignity ,act4 #fjb4 ,treatment of primary caretaker parents and other individuals in ,federal prisons 7a7 ,in general ,chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of primary caretaker parents and other individuals 7a7 ,definitions ,in this section-- 7#a7 the term correctional officer means a correctional officer of the ,bureau of ,prisons2 7#b7 the term ,director means the ,director of the ,bureau of ,prisons2 7#c7 the term primary caretaker parent has the meaning given the term in section #caijc of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abbdb72 and 7#d7 the term prisoner means an individual who is incarcerated in a ,federal penal or correctional institution4 7b7 ,visitation rules ,the ,director shall promulgate regulations for visitation between prisoners who are primary caretaker parents and their family members under which-- 7#a7 a prisoner may receive visits not fewer than #f days per week1 which shall include ,saturday and ,sunday2 7#b7 a ,federal penal or correctional institution shall be open for visitation for not fewer than #h hours per day2 7#c7 a prisoner may have up to #e adult visitors and an unlimited number of child visitors per visit2 and 7#d7 a prisoner may have physical contact with visitors unless the prisoner presents an immediate physical danger to the visitors4 7c7 ,parenting classes ,the ,director shall provide parenting classes to each prisoner who is a primary caretaker parent4 7d7 ,trauma-informed care 7#a7 ,in general ,the ,director shall provide trauma-informed care to each prisoner who is diagnosed with trauma4 7#b7 ,identification and referral ,the ,director shall provide training to each correctional officer and each other employee of the ,bureau of ,prisons who regularly interacts with prisoners1 including health care professionals and instructors1 to enable the employees to identify prisoners with trauma and refer those prisoners to the proper healthcare professional for treatment4 7e7 ,ombudsman ,the ,attorney ,general shall designate an ombudsman to oversee and monitor1 with respect to ,federal penal and correctional institutions-- 7#a7 prisoner transportation2 7#b7 use of segregated housing2 7#c7 strip searches of prisoners2 and 7#d7 civil rights violations4 7f7 ,telecommunications 7#a7 ,in general ,the ,director-- 7,a7 may not charge a fee for a telephone call made by a prisoner2 and 7,b7 shall make videoconferencing available to prisoners in each ,federal penal or correctional institution free of charge4 7#b7 ,rule of construction ,nothing in paragraph 7#a77;,b7 shall be construed to authorize the ,director to use videoconferencing as a substitute for in-person visits4 7g7 ,inmate health 7#a7 ,healthcare products 7,a7 ,availability ,the ,director shall make the healthcare products described in subparagraph 7,c7 available to prisoners for free1 in a quantity that is appropriate to the healthcare needs of each prisoner4 7,b7 ,quality of products ,the ,director shall ensure that the healthcare products provided under this paragraph conform with applicable industry standards4 7,c7 ,products ,the healthcare products described in this subparagraph are-- 7i7 tampons2 7ii7 sanitary napkins2 7iii7 moisturizing soap1 which may not be lye-based2 7iv7 shampoo2 7v7 body lotion2 7vi7 ,vaseline2 7vii7 toothpaste2 7viii7 toothbrushes2 7ix7 aspirin2 7x7 ibuprofen2 and 7xi7 any other healthcare product that the ,director determines appropriate4 7#b7 ,gynecologist access ,the ,director shall ensure that female prisoners have access to a gynecologist4 7h7 ,use of sex-,appropriate correctional officers 7#a7 ,regulations ,the ,director shall promulgate regulations under which-- 7,a7 a correctional officer may not conduct a strip search of a prisoner of the opposite sex unless-- 7i7 the prisoner presents a risk of immediate harm to herself or himself or others2 and 7ii7 no other correctional officer of the same sex as the prisoner is available to assist2 and 7,b7 a correctional officer may not enter a restroom reserved for prisoners of the opposite sex unless-- 7i7 7,i7 a prisoner in the restroom presents a risk of immediate harm to herself or himself or others2 or 7,,ii7 there is a medical emergency in the restroom2 and 7ii7 no other correctional officer of the appropriate sex is available to assist4 7#b7 ,relation to other laws ,nothing in paragraph 7#a7 shall be construed to affect the requirements under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq474 4 7b7 ,substance abuse treatment ,section #cfba7;e7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#g7 ,eligibility of primary caretaker parents and pregnant women ,the ,bureau of ,prisons may not prohibit a prisoner who is a primary caretaker parent 7as defined in section #djea7 or pregnant from participating in a program of residential substance abuse treatment provided under paragraph 7#a7 based on the failure of the individual1 before being committed to the custody of the ,bureau1 to disclose to any official that the individual had a substance abuse problem4 4 7c7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #cjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djea4 ,treatment of primary caretaker parents and other individuals4 4 7#b7 ,healthcare products ,section #faa of the ,first ,step ,act of #bjah 7,public ,law #aae-cia2 #acb ,stat4 #eaid7 is repealed4 #fjc4 ,overnight visit pilot program 7a7 ,definitions ,in this section-- 7#a7 the term ,director means the ,director of the ,bureau of ,prisons2 7#b7 the term primary caretaker parent has the meaning given the term in section #caijc of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abbdb72 and 7#c7 the term prisoner means an individual who is incarcerated in a ,federal penal or correctional institution4 7b7 ,pilot program ,the ,director shall carry out a pilot program under which prisoners who are primary caretaker parents and meet eligibility criteria established by the ,director may receive overnight visits from family members4 7c7 ,eligibility criteria ,in establishing eligibility criteria for the pilot program under subsection 7b71 the ,director shall-- 7#a7 require that a prisoner have displayed good behavior2 and 7#b7 prohibit participation by any prisoner who has been convicted of a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code74 ,c ,re-,entry ,reform3 ,reducing the ,collateral ,consequences of ,conviction ,,vii ,fair ,chance ,act #gja4 ,short title ,this title may be cited as the ,fair ,chance to ,compete for ,jobs ,act of #bjai or the ,fair ,chance ,act4 #gjb4 ,prohibition on criminal history inquiries prior to conditional offer for ,federal employment 7a7 ,in general ,subpart ,h of part ,,iii of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #ib ,prohibition on ,criminal ,history ,inquiries ,prior to ,conditional ,offer ,sec4 #ibja4 ,definitions4#ibjb4 ,limitations on requests for criminal history record information4#ibjc4 ,agency policies2 whistleblower complaint procedures4#ibjd4 ,adverse action4#ibje4 ,procedures4#ibjf4 ,rules of construction4 #ibja4 ,definitions ,in this chapter-- 7#a7 the term agency means ,executive agency as such term is defined in section #aje and includes-- 7,a7 the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission2 and 7,b7 the ,executive ,office of the ,president2 7#b7 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 service2 7#c7 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 inquiry2 7#d7 the term criminal history record information-- 7,a7 except as provided in subparagraphs 7,b7 and 7,c71 has the meaning given the term in section #iaja7;a72 7,b7 includes any information described in the first sentence of section #iaja7;a77#b7 that has been sealed or expunged pursuant to law2 and 7,c7 includes information collected by a criminal justice agency1 relating to an act or alleged act of juvenile delinquency1 that is analogous to criminal history record information 7including such information that has been sealed or expunged pursuant to law72 and 7#e7 the term suspension has the meaning given the term in section #geja4 #ibjb4 ,limitations on requests for criminal history record information 7a7 ,inquiries prior to conditional offer ,except as provided in subsections 7b7 and 7c71 an employee of an agency may not request1 in oral or written form 7including through the ,declaration for ,federal ,employment 7,office of ,personnel ,management ,optional ,form #cjf7 or any similar successor form1 the ,,usajobs internet website1 or any other electronic means7 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 applicant4 7b7 ,otherwise required by law ,the prohibition under subsection 7a7 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 law4 7c7 ,exception for certain positions 7#a7 ,in general ,the prohibition under subsection 7a7 shall not apply with respect to an applicant for an appointment to a position-- 7,a7 that requires a determination of eligibility described in clause 7i71 7ii71 or 7iii7 of section #iaja7;b77#a77;,a72 7,b7 as a ,federal law enforcement officer 7as defined in section #aae7;c7 of title #ah72 or 7,c7 identified by the ,director of the ,office of ,personnel ,management in the regulations issued under paragraph 7#b74 7#b7 ,regulations 7,a7 ,issuance ,the ,director of the ,office of ,personnel ,management shall issue regulations identifying additional positions with respect to which the prohibition under subsection 7a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7,b7 ,compliance with civil rights laws ,the regulations issued under subparagraph 7,a7 shall-- 7i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 #ibjc4 ,agency policies2 whistleblower complaint procedures ,the ,director of the ,office of ,personnel ,management shall-- 7#a7 develop1 implement1 and publish a policy to assist employees of agencies in complying with section #ibjb and the regulations issued pursuant to such section2 and 7#b7 establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint1 or any other information1 relating to compliance by an employee of an agency with section #ibjb4 #ibjd4 ,adverse action 7a7 ,first violation ,if the ,director of the ,office of ,personnel ,management determines1 after notice and an opportunity for a hearing on the record1 that an employee of an agency has violated section #ibjb1 the ,director shall-- 7#a7 issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations2 and 7#b7 file such warning in the employee's official personnel record file4 7b7 ,subsequent violations ,if the ,director of the ,office of ,personnel ,management determines1 after notice and an opportunity for a hearing on the record1 that an employee that was subject to subsection 7a7 has committed a subsequent violation of section #ibjb1 the ,director may take the following action3 7#a7 ,for a second violation1 suspension of the employee for a period of not more than #g days4 7#b7 ,for a third violation1 suspension of the employee for a period of more than #g days4 7#c7 ,for a fourth violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #bej4 7#d7 ,for a fifth violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #ejj4 7#e7 ,for any subsequent violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #a1jjj4 #ibje4 ,procedures 7a7 ,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 #ibjd by not later than #cj days after the date of the action4 7b7 ,applicability of other laws ,an adverse action taken under section #ibjd 7including a determination in an appeal from such an action under subsection 7a7 of this section7 shall not be subject to-- 7#a7 the procedures under chapter #ge2 or 7#b7 except as provided in subsection 7a7 of this section1 appeal or judicial review4 #ibjf4 ,rules of construction ,nothing in this chapter may be construed to-- 7#a7 authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs 7,b7 and 7,c7 of section #ibja7d72 or 7#b7 create a private right of action for any person4 4 7b7 ,regulations2 effective date 7#a7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall issue such regulations as are necessary to carry out chapter #ib of title #e1 ,united ,states ,code 7as added by subsection 7a774 7#b7 ,effective date ,section #ibjb of title #e1 ,united ,states ,code 7as added by subsection 7a771 shall take effect on the date that is #b years after the date of enactment of this ,act4 7c7 ,technical and conforming amendment ,the table of chapters for part ,,iii of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ia the following3 #ib4,prohibition on criminal history inquiries prior to conditional offer#ibja 4 7d7 ,application to ,legislative ,branch 7#a7 ,in general ,the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 is amended-- 7,a7 in section #ajb7;a7 7#b ,u4,s4,c4 #acjb7;a771 by adding at the end the following3 7#ab7 ,section #ibjb of title #e1 ,united ,states ,code4 2 7,b7 by redesignating section #bjg 7#b ,u4,s4,c4 #acag7 as section #bjh2 and 7,c7 by inserting after section #bjf 7#b ,u4,s4,c4 #acaf7 the following new section3 #bjg4 ,rights and protections relating to criminal history inquiries 7a7 ,definitions ,in this section1 the terms agency1 criminal history record information1 and suspension have the meanings given the terms in section #ibja of title #e1 ,united ,states ,code1 except as otherwise modified by this section4 7b7 ,restrictions on criminal history inquiries 7#a7 ,in general 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 #ibjb of title #e1 ,united ,states ,code1 if made by an employee of an agency4 7,b7 ,conditional offer ,for purposes of applying that section #ibjb under subparagraph 7,a71 a reference in that section #ibjb 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 inquiry4 7#b7 ,rules of construction ,the provisions of section #ibjf of title #e1 ,united ,states ,code1 shall apply to employing offices1 consistent with regulations issued under subsection 7d74 7c7 ,remedy 7#a7 ,in general ,the remedy for a violation of subsection 7b77#a7 shall be such remedy as would be appropriate if awarded under section #ibjd of title #e1 ,united ,states ,code1 if the violation had been committed by an employee of an agency1 consistent with regulations issued under subsection 7d71 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 #bjb4 7#b7 ,process for obtaining relief ,an applicant for employment as a covered employee who alleges a violation of subsection 7b77#a7 may rely on the provisions of title ,,iv 7other than section #djg or #djh1 or a provision of this title that permits a person to obtain a civil action or judicial review71 consistent with regulations issued under subsection 7d74 7d7 ,regulations ,to implement section 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjai1 the ,board shall1 pursuant to section #cjd1 issue regulations to implement this section4 7#b7 ,parallel with agency regulations ,the regulations issued under paragraph 7#a7 shall be the same as substantive regulations issued by the ,director of the ,office of ,personnel ,management under section #gjb7;b77#a7 of the ,fair ,chance to ,compete for ,jobs ,act of #bjai to implement the statutory provisions referred to in subsections 7a7 through 7c7 except to the extent that the ,board may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this section4 7e7 ,effective ,date ,section #ajb7;a77#ab7 and subsections 7a7 through 7c7 shall take effect on the date on which section #ibjb of title #e1 ,united ,states ,code1 applies with respect to agencies4 4 7#b7 ,clerical amendments 7,a7 ,the table of contents in section #a7;b7 of the ,congressional ,accountability ,act of #aiie 7,public ,law #ajd-a2 #aji ,stat4 #c7 is amended-- 7i7 by redesignating the item relating to section #bjg as the item relating to section #bjh2 and 7ii7 by inserting after the item relating to section #bjf the following new item3 ,sec4 #bjg4 ,rights and protections relating to criminal history inquiries4 4 7,b7 ,section #fb7;e77#b7 of the ,internal ,revenue ,code of #aihf is amended by striking or #bjg and inserting #bjg1 or #bjh4 7e7 ,application to judicial branch 7#a7 ,in general ,section #fjd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,restrictions on criminal history inquiries 7#a7 ,definitions ,in this subsection-- 7,a7 the terms agency and criminal history record information have the meanings given those terms in section #ibja of title #e2 7,b7 the term covered employee means an employee of the judicial branch of the ,united ,states ,government1 other than-- 7i7 any judge or justice who is entitled to hold office during good behavior2 7ii7 a ,united ,states magistrate judge2 or 7iii7 a bankruptcy judge2 and 7,c7 the term employing office means any office or entity of the judicial branch of the ,united ,states ,government that employs covered employees4 7#b7 ,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 #ibjb of title #e if made by an employee of an agency4 7#c7 ,employing office policies2 complaint procedure ,the provisions of sections #ibjc and #ibjf of title #e shall apply to employing offices and to applicants for employment as covered employees1 consistent with regulations issued by the ,director to implement this subsection4 7#d7 ,adverse action 7,a7 ,adverse action ,the ,director may take such adverse action with respect to a covered employee who violates paragraph 7#b7 as would be appropriate under section #ibjd of title #e if the violation had been committed by an employee of an agency4 7,b7 ,appeals ,the ,director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph 7,a7 by not later than #cj days after the date of the action4 7,c7 ,applicability of other laws ,except as provided in subparagraph 7,b71 an adverse action taken under subparagraph 7,a7 7including a determination in an appeal from such an action under subparagraph 7,b77 shall not be subject to appeal or judicial review4 7#e7 ,regulations to be issued 7,a7 ,in general ,not later than #ah months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjai1 the ,director shall issue regulations to implement this subsection4 7,b7 ,parallel with agency regulations ,the regulations issued under subparagraph 7,a7 shall be the same as substantive regulations promulgated by the ,director of the ,office of ,personnel ,management under section #gjb7;b77#a7 of the ,fair ,chance to ,compete for ,jobs ,act of #bjai except to the extent that the ,director of the ,administrative ,office of the ,united ,states ,courts may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection4 7#f7 ,effective date ,paragraphs 7#a7 through 7#d7 shall take effect on the date on which section #ibjb of title #e applies with respect to agencies4 4 #gjc4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,civilian agency contracts 7#a7 ,in general ,chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dgad4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,limitation on criminal history inquiries 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 an executive agency-- 7,a7 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 awardee2 and 7,b7 shall require1 as a condition of receiving a ,federal contract and receiving payments under such contract that the contractor may not verbally1 or through written form1 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 applicant4 7#b7 ,otherwise required by law ,the prohibition under paragraph 7#a7 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 law4 7#c7 ,exception for certain positions 7,a7 ,in general ,the prohibition under paragraph 7#a7 does not apply with respect to-- 7i7 a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties2 or 7ii7 a position that the ,administrator of ,general ,services identifies under the regulations issued under subparagraph 7,b74 7,b7 ,regulations 7i7 ,issuance ,not later than #af months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjai1 the ,administrator of ,general ,services1 in consultation with the ,secretary of ,defense1 shall issue regulations identifying additional positions with respect to which the prohibition under paragraph 7#a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7ii7 ,compliance with civil rights laws ,the regulations issued under clause 7i7 shall-- 7,i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7,,ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 7b7 ,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 complaint1 or any other information1 relating to compliance by the contractor with subsection 7a77#a77;,b74 7c7 ,action for violations of prohibition on criminal history inquiries 7#a7 ,first violation ,if the head of an executive agency determines that a contractor has violated subsection 7a77#a77;,b71 such head shall-- 7,a7 notify the contractor2 7,b7 provide #cj days after such notification for the contractor to appeal the determination2 and 7,c7 issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations4 7#b7 ,subsequent violation ,if the head of an executive agency determines that a contractor that was subject to paragraph 7#a7 has committed a subsequent violation of subsection 7a77#a77;,b71 such head shall notify the contractor1 shall provide #cj days after such notification for the contractor to appeal the determination1 and1 in consultation with the relevant ,federal agencies1 may take actions1 depending on the severity of the infraction and the contractor's history of violations1 including-- 7,a7 providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section2 7,b7 requiring that the contractor respond within #cj days affirming that the contractor is taking steps to comply with this section2 and 7,c7 suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section4 7d7 ,definitions ,in this section3 7#a7 ,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 inquiry4 7#b7 ,criminal history record information ,the term criminal history record information has the meaning given that term in section #ibja of title #e4 4 7#b7 ,clerical amendment ,the table of sections for chapter #dg of title #da1 ,united ,states ,code1 is amended by adding at the end the following new item3 #dgad4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 4 7#c7 ,effective date ,section #dgad of title #da1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section #gjb7;b77#b7 of this title4 7b7 ,defense contracts 7#a7 ,in general ,chapter #acg of title #aj1 ,united ,states ,code1 is amended by inserting after section #bcch the following new section3 #bcci4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,limitation on criminal history inquiries 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the head of an agency-- 7,a7 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 awardee2 and 7,b7 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 applicant4 7#b7 ,otherwise required by law ,the prohibition under paragraph 7#a7 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 law4 7#c7 ,exception for certain positions 7,a7 ,in general ,the prohibition under paragraph 7#a7 does not apply with respect to-- 7i7 a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties2 or 7ii7 a position that the ,secretary of ,defense identifies under the regulations issued under subparagraph 7,b74 7,b7 ,regulations 7i7 ,issuance ,not later than #af months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjai1 the ,secretary of ,defense1 in consultation with the ,administrator of ,general ,services1 shall issue regulations identifying additional positions with respect to which the prohibition under paragraph 7#a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7ii7 ,compliance with civil rights laws ,the regulations issued under clause 7i7 shall-- 7,i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7,,ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 7b7 ,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 complaint1 or any other information1 relating to compliance by the contractor with subsection 7a77#a77;,b74 7c7 ,action for violations of prohibition on criminal history inquiries 7#a7 ,first violation ,if the ,secretary of ,defense determines that a contractor has violated subsection 7a77#a77;,b71 the ,secretary shall-- 7,a7 notify the contractor2 7,b7 provide #cj days after such notification for the contractor to appeal the determination2 and 7,c7 issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations4 7#b7 ,subsequent violations ,if the ,secretary of ,defense determines that a contractor that was subject to paragraph 7#a7 has committed a subsequent violation of subsection 7a77#a77;,b71 the ,secretary shall notify the contractor1 shall provide #cj days after such notification for the contractor to appeal the determination1 and1 in consultation with the relevant ,federal agencies1 may take actions1 depending on the severity of the infraction and the contractor's history of violations1 including-- 7,a7 providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section2 7,b7 requiring that the contractor respond within #cj days affirming that the contractor is taking steps to comply with this section2 and 7,c7 suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section4 7d7 ,definitions ,in this section3 7#a7 ,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 inquiry4 7#b7 ,criminal history record information ,the term criminal history record information has the meaning given that term in section #ibja of title #e4 4 7#b7 ,effective date ,section #bcci7;a7 of title #aj1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section #gjb7;b77#b7 of this title4 7#c7 ,clerical amendment ,the table of sections for chapter #acg of title #aj1 ,united ,states ,code1 is amended by inserting after the item relating to section #bcch the following new item3 #bcci4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 4 7c7 ,revisions to ,federal ,acquisition ,regulation 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall revise the ,federal ,acquisition ,regulation to implement section #dgad of title #da1 ,united ,states ,code1 and section #bcci of title #aj1 ,united ,states ,code1 as added by this section4 7#b7 ,consistency with ,office of ,personnel ,management regulations ,the ,federal ,acquisition ,regulatory ,council shall revise the ,federal ,acquisition ,regulation under paragraph 7#a7 to be consistent with the regulations issued by the ,director of the ,office of ,personnel ,management under section #gjb7;b77#a7 to the maximum extent practicable4 ,the ,council shall include together with such revision an explanation of any substantive modification of the ,office of ,personnel ,management regulations1 including an explanation of how such modification will more effectively implement the rights and protections under this section4 #gjd4 ,report on employment of individuals formerly incarcerated in ,federal prisons 7a7 ,definition ,in this section1 the term covered individual-- 7#a7 means an individual who has completed a term of imprisonment in a ,federal prison for a ,federal criminal offense2 and 7#b7 does not include an alien who is or will be removed from the ,united ,states for a violation of the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja774 7b7 ,study and report required ,the ,director of the ,bureau of ,justice ,statistics1 in coordination with the ,director of the ,bureau of the ,census1 shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 design and initiate a study on the employment of covered individuals after their release from ,federal prison1 including by collecting-- 7,a7 demographic data on covered individuals1 including race1 age1 and sex2 and 7,b7 data on employment and earnings of covered individuals who are denied employment1 including the reasons for the denials2 and 7#b7 not later than #b years after the date of enactment of this ,act1 and every #e years thereafter1 submit a report that does not include any personally identifiable information on the study conducted under paragraph 7#a7 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 and 7,d7 the ,committee on ,education and ,labor of the ,house of ,representatives4 ,,viii ,fair ,chance ,licensing ,act #hja4 ,short title ,this title may be cited as the ,fair ,chance ,licensing ,act of #bjai4 #hjb4 ,restrictions on use of criminal records to disqualify individuals from employment1 occupational licensing1 or occupational certification 7a7 ,state and local requirements ,section #ecd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,restrictions on ,state and local use of criminal records ,to disqualify individuals from employment1 occupational licensing1 or occupational certification 7#a7 ,definitions ,in this subsection-- 7,a7 the term covered entity means-- 7i7 an occupational licensing authority2 7ii7 an occupational certification authority2 and 7iii7 an employer or third-party entity that is authorized by ,federal or ,state law1 including title ,,ii of the ,departments of ,state1 ,justice1 and ,commerce1 the ,judiciary1 and ,related ,agencies ,appropriation ,act1 #aigc 7,public ,law #ib-edd2 #hf ,stat4 #aaad71 to access the records system created under this section for employment purposes2 7,b7 the term directly related conviction1 with respect to an individual1 means a conviction of the individual that a covered entity determines to have a direct and specific negative bearing on the ability of the individual to perform the duties or responsibilities necessary for-- 7i7 the position in which employment is sought2 or 7ii7 the occupation for which an occupational license or certification is sought2 7,c7 the term qualifying background check law means a law that imposes the requirements described in paragraph 7#c72 and 7,d7 the term record means a record or other information acquired1 collected1 classified1 or preserved by the ,attorney ,general under paragraph 7#a71 7#b71 or 7#c7 of subsection 7a74 7#b7 ,conditions on access by ,state and local entities to ,,fbi background check system 7,a7 ,states ,an agency or official of a ,state may not request or access a record1 including on behalf of a private entity1 under any authority1 unless the ,state has enacted a qualifying background check law or a law that is more favorable to an individual with a criminal history than a qualifying background check law4 7,b7 ,local governments ,an agency or official of a political subdivision of a ,state may not request or access a record1 including on behalf of a private entity1 under any authority unless the political subdivision or the ,state has enacted a qualifying background check law or a law that is more favorable to an individual with a criminal history than a qualifying background check law4 7#c7 ,qualifying background check law 7,a7 ,availability and use of criminal history information ,a qualifying background check law shall provide that a covered entity may not consider any of the following criminal history information in determining whether to disqualify an individual from employment1 an occupational license1 or an occupational certification3 7i7 ,a conviction that is not a directly related conviction4 7ii7 ,non-conviction information1 including information related to-- 7,i7 a deferred adjudication2 7,,ii7 participation in a diversion program2 7,,iii7 an arrest not followed by a valid conviction2 or 7,,iv7 an infraction4 7iii7 ,a conviction that has been sealed1 dismissed1 expunged1 or pardoned4 7iv7 ,a juvenile adjudication4 7v7 ,a misdemeanor conviction for which no sentence of imprisonment can be imposed4 7vi7 ,a misdemeanor conviction that is more than #a year old1 excluding any period of incarceration or custody4 7vii7 ,a felony conviction that is more than #e years old1 excluding any period of incarceration or custody4 7,b7 ,consideration of title ,,vii ,green factors ,a qualifying background check law shall provide that a covered entity1 in determining whether to disqualify an individual from employment1 an occupational license1 or an occupational certification based on a directly related conviction1 shall consider-- 7i7 the nature and gravity of the conviction2 7ii7 the period of time that has elapsed since the conviction or1 if applicable1 completion of the sentence2 and 7iii7 the nature of the employment1 license1 or certification held or sought4 7,c7 ,sufficient mitigation or rehabilitation and fitness for occupation ,a qualifying background check law shall provide that a covered entity may not disqualify an individual from employment1 an occupational license1 or an occupational certification solely or in part because of a directly related conviction if the individual can establish sufficient mitigation or rehabilitation and fitness to perform the duties of the position or occupation by providing-- 7i7 evidence showing that-- 7,i7 not less than #a year has elapsed since the individual was released from any correctional institution without subsequent conviction of a crime2 and 7,,ii7 the individual has complied with all terms and conditions of probation or parole2 or 7ii7 any other evidence of mitigation and present fitness1 including-- 7,i7 the circumstances relating to the offense1 including mitigating circumstances or social conditions surrounding the commission of the offense2 7,,ii7 the age of the individual when the individual committed the offense2 7,,iii7 the period of time that has elapsed since the individual committed the offense2 7,,iv7 evidence of work history1 particularly any training or work experience related to the position or occupation2 7,v7 additional evidence of educational1 training1 or work activities that the individual has participated in1 including during any period of incarceration2 7,,vi7 letters of reference by persons who have been in contact with the individual since the individual was released from any correctional institution2 and 7,,vii7 completion of1 or active participation in1 rehabilitative drug or alcohol treatment4 7,d7 ,notice of potential denial and opportunity to appeal 7i7 ,notice of potential denial ,a qualifying background check law shall provide that if a covered entity intends to disqualify an individual from employment1 an occupational license1 or an occupational certification solely or in part because of a directly related conviction1 the covered entity shall1 prior to making a final decision-- 7,i7 notify the individual in writing of-- 7aa7 the directly related conviction that forms the basis for the potential disqualification2 and 7bb7 the rationale for how the conviction is directly related to the position or occupation2 7,,ii7 provide the individual a copy of the conviction history report1 if any1 on which the covered entity relies2 and 7,,iii7 provide the individual examples of mitigation or rehabilitation evidence 7as described in subparagraph 7,c77 that the individual may voluntarily provide4 7ii7 ,response ,a qualifying background check law shall provide that not later than #cj days after the date on which an individual receives a notice of potential disqualification described in clause 7i71 the individual may respond to the notice by-- 7,i7 challenging the accuracy of the conviction history report2 or 7,,ii7 submitting evidence of mitigation or rehabilitation4 7iii7 ,final decision ,a qualifying background check law shall provide that a covered entity shall make a final decision based on an individualized assessment of the information described in subparagraph 7,c71 including any information described in clause 7ii7 of this subparagraph submitted by the individual4 7iv7 ,notice of final decision ,a qualifying background check law shall provide that if a covered entity disqualifies an individual from employment1 an occupational license1 or an occupational certification solely or in part because of a directly related conviction1 the covered entity shall notify the individual in writing of-- 7,i7 the final decision1 including-- 7aa7 a list of each directly related conviction that forms the basis for the decision2 and 7bb7 the rationale for how the conviction is directly related to the position2 7,,ii7 additional appeal procedures1 if any1 including opportunities for administrative or judicial review2 and 7,,iii7 the earliest date on which the individual may reapply for the employment1 occupational license1 or occupational certification4 7,e7 ,education1 outreach1 and transparency activities ,a qualifying background check law shall provide that a covered entity shall-- 7i7 adopt education and outreach policies developed with the input of key stakeholders1 including individuals with arrest and conviction records2 7ii7 explain to the public 7including on the website of the covered entity1 if applicable7 how the covered entity uses criminal history information in making decisions with respect to employment1 occupational licensing1 or occupational certification1 as applicable2 and 7iii7 offer individuals access at any time 7including before obtaining any required education or training7 to guidance on the impact of a conviction or arrest on the application process for employment1 occupational licensing1 or occupational certification1 as applicable4 7#d7 ,compliance review ,not later than #ahj days after the date on which this subsection takes effect1 and semiannually thereafter1 the ,attorney ,general shall review the compliance of ,states and political subdivisions thereof with the requirement under paragraph 7#b74 4 7b7 ,federal requirements 7#a7 ,consideration of criminal history information consistent with qualifying background check law 7,a7 ,in general ,notwithstanding any other provision of law1 other than a provision described in subparagraph 7,b71 consideration of the criminal history information of an individual for purposes of employment1 occupational licensing1 or occupational certification of the individual1 or any similar purpose1 that is required or authorized under any provision of ,federal law shall be carried out in accordance with the requirements described in section #ecd7;g77#c7 of title #bh1 ,united ,states ,code1 as added by subsection 7a74 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to the consideration of the criminal history information of an individual under any provision of law governing-- 7i7 ,federal employment2 7ii7 the ,armed ,forces2 7iii7 law enforcement2 or 7iv7 national security4 7#b7 ,relation to other law ,nothing in paragraph 7#a7 shall be construed to supersede any other provision of ,federal law that imposes requirements relating to the availability and use of criminal history information that is more favorable to an individual with a criminal history than the requirements described in section #ecd7;g77#c7 of title #bh1 ,united ,states ,code1 as added by subsection 7a74 7#c7 ,regulations ,not later than #ahj days after the date of enactment of this ,act1 the head of an agency that administers a provision of law affected by paragraph 7#a7 shall promulgate any regulations necessary to comply with that paragraph4 7c7 ,effective date ,subsections 7a7 and 7b77#a71 the amendments made by those subsections1 and the regulations promulgated under subsection 7b77#c7 shall take effect on the date that is #a year after the date of enactment of this ,act4 #hjc4 ,transparency and accountability study 7a7 ,bureau of ,justice ,statistics annual study ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,bureau of ,justice ,statistics shall conduct a study1 and submit a report to ,congress on that study1 that-- 7#a7 collects data on the ,federal and ,state laws that result in the disqualification of applicants for employment1 an occupational license1 or an occupational certification based on the criminal record of the applicant2 7#b7 focuses on the disqualifying offenses and the racial1 gender1 and ethnic profile of the applicants disqualified under the laws described in paragraph 7#a72 and 7#c7 examines the reversal rates and impact on employment opportunities that result from the procedures to appeal a potential disqualification from employment1 an occupational license1 or an occupational certification required under section #hjb and the amendments made by that section4 7b7 ,data submission by ,federal agencies and ,states ,a ,state that wishes to access to a record as described in subsection 7g77#b7 of section #ecd of title #bh1 ,united ,states ,code1 7as added by this title7 and each ,federal agency that administers a provision of law affected by section #hjb7;b7 shall regularly collect and submit to the ,bureau of ,justice ,statistics1 for purposes of the annual study under subsection 7a7 of this section1 any applicable data described in subsection 7a7 of this section4 ,,ix ,,redeem ,act #ija4 ,short title ,this title may be cited as the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjai or the ,,redeem ,act4 #ijb4 ,sealing of criminal records 7a7 ,finding ,congress finds that the definition of the term crime of violence recommended by the ,united ,states ,sentencing ,commission in the report entitled ,report to the ,congress3 ,career ,offender ,sentencing ,enhancements1 published in ,august #bjaf1 is clearer and more specific than the definitions currently used in title #ah1 ,united ,states ,code1 and should be used to determine the type of offenses eligible for sealing under the amendments made by this section4 7b7 ,amendment ,chapter #bbi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,e ,sealing of ,criminal ,records ,sec4 #cfda4 ,definitions2 eligible individuals4#cfdb4 ,automatic sealing of records of nonviolent drug offenses4#cfdc4 ,sealing petition4#cfdd4 ,effect of sealing order4 #cfda4 ,definitions2 eligible individuals 7a7 ,definitions ,in this subchapter-- 7#a7 the term covered nonviolent offense means a ,federal criminal offense that is not-- 7,a7 a crime of violence2 or 7,b7 a sex offense1 as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa72 7#b7 the term crime of violence means any offense under ,federal or ,state law1 punishable by imprisonment for a term exceeding #a year1 that-- 7,a7 has as an element the use1 attempted use1 or threatened use of physical force against the person of another2 or 7,b7 is-- 7i7 murder2 7ii7 voluntary manslaughter2 7iii7 kidnapping2 7iv7 aggravated assault2 7v7 a forcible sex offense2 7vi7 robbery2 7vii7 arson2 7viii7 extortion2 or 7ix7 the use or unlawful possession of-- 7,i7 a firearm1 as defined in section #ehde7;a7 of the ,internal ,revenue ,code of #aihf2 or 7,,ii7 explosive materials1 as defined in section #hda7;c72 7#c7 the term eligible individual means an individual who-- 7,a7 has been arrested for or convicted of a covered nonviolent offense2 7,b7 in the case of a conviction described in subparagraph 7,a71 has fulfilled each requirement of the sentence for the covered nonviolent offense1 including-- 7i7 completing each term of imprisonment1 probation1 or supervised release2 and 7ii7 satisfying each condition of imprisonment1 probation1 or supervised release2 7,c7 subject to subsection 7b71 has not been convicted of more than #b felonies that are covered nonviolent offenses1 including any such convictions that have been sealed2 and 7,d7 has not been convicted of any felony that is not a covered nonviolent offense2 7#d7 the term petitioner means an individual who files a sealing petition2 7#e7 the term protected information1 with respect to a covered nonviolent offense1 means any reference to-- 7,a7 an arrest1 conviction1 or sentence of an individual for the offense2 7,b7 the institution of criminal proceedings against an individual for the offense2 or 7,c7 the result of criminal proceedings described in subparagraph 7,b72 7#f7 the term seal-- 7,a7 means-- 7i7 to close a record from public viewing so that the record cannot be examined except by court order2 and 7ii7 to physically seal the record shut and label the record ,,sealed or1 in the case of an electronic record1 the substantive equivalent2 and 7,b7 has the effect described in section #cfdd1 including-- 7i7 the right to treat the offense to which a sealed record relates1 and any arrest1 criminal proceeding1 conviction1 or sentence relating to the offense1 as if it never occurred2 and 7ii7 protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to a sealed record2 7#g7 the term sealing hearing means a hearing held under section #cfdc7;b77#b72 and 7#h7 the term sealing petition means a petition for a sealing order filed under section #cfdc7;a74 7b7 ,eligible individuals 7#a7 ,multiple convictions deemed to be one conviction ,for purposes of subsection 7a77#b77;,c7-- 7,a7 multiple convictions shall be deemed to be #a conviction if the convictions result from or relate to-- 7i7 the same act2 or 7ii7 acts committed at the same time2 and 7,b7 subject to paragraph 7#b71 multiple convictions1 not to exceed #c1 that do not result from or relate to the same act or acts committed at the same time shall be deemed to be #a conviction if the convictions-- 7i7 result from or relate to-- 7,i7 the same-- 7aa7 indictment1 information1 or complaint2 7bb7 plea of guilty2 or 7cc7 official proceeding2 or 7,,ii7 related criminal acts that were committed within a #c-month period2 or 7ii7 are determined to be directly related to addiction or a substance use disorder4 7#b7 ,discretion of court 7,a7 ,in general ,a court reviewing a sealing petition may determine that it is not in the public interest to deem multiple convictions described in paragraph 7#a77;,b7 to be #a conviction4 7,b7 ,reasoning ,if a court makes a determination under subparagraph 7,a71 the court shall make available to the public the reasoning for the determination4 7,c7 ,reporting ,not later than #b years after the date of enactment of this subchapter1 and each year thereafter1 each district court of the ,united ,states shall submit to the appropriate committees of ,congress a report that describes the exercise of discretion by the court under subparagraph 7,b71 with all relevant data disaggregated by race1 ethnicity1 gender1 and the nature of the offense4 #cfdb4 ,automatic sealing of records of nonviolent drug offenses 7a7 ,definition ,in this section1 the term convicted of a nonviolent drug offense1 with respect to an individual-- 7#a7 means the individual is convicted of a covered nonviolent offense that is an offense under the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq471 the ,controlled ,substances ,import and ,export ,act 7#ba ,u4,s4,c4 #iea et seq471 or chapter #gje of title #df2 and 7#b7 does not include a conviction with respect to which the court applied a sentencing enhancement under section #b;,d#a4a7;b77#b7 of the ,federal sentencing guidelines 7relating to the use of violence or the threat or direction to use violence74 7b7 ,automatic sealing ,five years after the date on which an eligible individual who is convicted of a nonviolent drug offense completes every term of imprisonment1 probation1 or supervised release ordered by the court with respect to the offense1 the court shall order the sealing of each record or portion thereof that relates to the offense if the individual-- 7#a7 has not been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the conviction2 and 7#b7 is not engaged in active criminal court proceedings or juvenile delinquency proceedings4 7c7 ,automatic nature of sealing ,the order of sealing under subsection 7b7 shall require no action by the individual whose records are to be sealed4 7d7 ,notice of automatic sealing ,a court that orders the sealing of a record of an individual under subsection 7b7 shall1 in writing1 inform the individual of the sealing and the benefits of sealing the record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7e7 ,relation to other laws ,automatic sealing under subsection 7b7 shall not apply to a conviction for a marijuana use or possession offense that is expunged under section #bjc7;c7 of the ,marijuana ,justice ,act of #bjai4 #cfdc4 ,sealing petition 7a7 ,right ,to file sealing petition 7#a7 ,in general ,on and after the date described in paragraph 7#b71 an eligible individual may file a petition for a sealing order with respect to a covered nonviolent offense in a district court of the ,united ,states4 7#b7 ,dates ,the date described in this paragraph is-- 7,a7 for an eligible individual who is convicted of a covered nonviolent offense and sentenced to a term of imprisonment1 probation1 or supervised release1 the date that is #a year after the date on which the eligible individual has completed every such term of imprisonment1 probation1 or supervised release2 and 7,b7 for an eligible individual not described in subparagraph 7,a71 the date on which the case relating to the covered nonviolent offense is disposed of4 7#c7 ,notice of opportunity to file petition 7,a7 ,convicted individuals 7i7 ,in general ,if an individual is convicted of a covered nonviolent offense and will potentially be eligible to file a sealing petition with respect to the offense upon fulfilling each requirement of the sentence for the offense as described in section #cfda7;a77#b77;,b71 the court in which the individual is convicted shall1 in writing1 inform the individual1 on each date described in clause 7ii71 of-- 7,i7 that potential eligibility2 7,,ii7 the necessary procedures for filing the sealing petition2 and 7,,iii7 the benefits of sealing a record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7ii7 ,dates ,the dates described in this clause are-- 7,i7 the date on which the individual is convicted2 and 7,,ii7 the date on which the individual has completed every term of imprisonment1 probation1 or supervised release relating to the offense4 7,b7 ,individuals not convicted 7i7 ,arrest only ,if an individual is arrested for a covered nonviolent offense1 criminal proceedings are not instituted against the individual for the offense1 and the individual is potentially eligible to file a sealing petition with respect to the offense1 on the date on which the case relating to the offense is disposed of1 the arresting authority shall1 in writing1 inform the individual of-- 7,i7 that potential eligibility2 7,,ii7 the necessary procedures for filing the sealing petition2 and 7,,iii7 the benefits of sealing a record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7ii7 ,court proceedings ,if an individual is arrested for a covered nonviolent offense1 criminal proceedings are instituted against the individual for the offense1 the individual is not convicted of the offense1 and the individual is potentially eligible to file a sealing petition with respect to the offense1 on the date on which the case relating to the offense is disposed of1 the court in which the criminal proceedings take place shall1 in writing1 inform the individual of-- 7,i7 that potential eligibility2 7,,ii7 the necessary procedures for filing the sealing petition2 and 7,,iii7 the benefits of sealing a record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7b7 ,procedures 7#a7 ,notification to prosecutor ,if an individual files a petition under subsection 7a7 with respect to a covered nonviolent offense or arrest for a covered nonviolent offense1 the district court in which the petition is filed shall provide notice of the petition-- 7,a7 to the office of the ,united ,states attorney that prosecuted or would have prosecuted the petitioner for the offense2 and 7,b7 upon the request of the petitioner1 to any other individual that the petitioner determines may testify as to the-- 7i7 conduct of the petitioner since the date of the offense or arrest2 or 7ii7 reasons that the sealing order should be entered4 7#b7 ,hearing 7,a7 ,in general ,not later than #ahj days after the date on which an individual files a sealing petition1 the district court shall-- 7i7 except as provided in subparagraph 7,d71 conduct a hearing in accordance with subparagraph 7,b72 and 7ii7 determine whether to enter a sealing order for the individual in accordance with paragraph 7#c74 7,b7 ,opportunity to testify and offer evidence 7i7 ,petitioner ,the petitioner may testify or offer evidence at the sealing hearing in support of sealing4 7ii7 ,prosecutor ,the office of a ,united ,states attorney that receives notice under paragraph 7#a77;,a7 may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing4 7iii7 ,other individuals ,an individual who receives notice under paragraph 7#a77;,b7 may testify or offer evidence at the sealing hearing as to the issues described in clauses 7i7 and 7ii7 of that paragraph4 7,c7 ,magistrate judges ,a magistrate judge may preside over a hearing under this paragraph4 7,d7 ,waiver of hearing ,if the petitioner and the ,united ,states attorney that receives notice under paragraph 7#a77;,a7 so agree1 the court shall make a determination under paragraph 7#c7 without a hearing4 7#c7 ,basis for decision 7,a7 ,in general ,in determining whether to enter a sealing order with respect to protected information relating to a covered nonviolent offense1 the court-- 7i7 shall consider-- 7,i7 the petition and any documents in the possession of the court2 and 7,,ii7 all the evidence and testimony presented at the sealing hearing1 if such a hearing is conducted2 7ii7 may not consider any non-,federal nonviolent crimes for which the petitioner has been arrested or proceeded against1 or of which the petitioner has been convicted2 and 7iii7 shall balance-- 7,i7 7aa7 the interest of public knowledge and safety2 and 7bb7 the legitimate interest1 if any1 of the ,government in maintaining the accessibility of the protected information1 including any potential impact of sealing the protected information on ,federal licensure1 permit1 or employment restrictions2 against 7,,ii7 7aa7 the conduct and demonstrated desire of the petitioner to be rehabilitated and positively contribute to the community2 and 7bb7 the interest of the petitioner in having the protected information sealed1 including the harm of the protected information to the ability of the petitioner to secure and maintain employment4 7,b7 ,burden on ,government ,the burden shall be on the ,government to show that the interests under subclause 7,i7 of subparagraph 7,a77iii7 outweigh the interests of the petitioner under subclause 7,,ii7 of that subparagraph4 7#d7 ,waiting period after denial ,if the district court denies a sealing petition1 the petitioner may not file a new sealing petition with respect to the same offense until the date that is #b years after the date of the denial4 7#e7 ,universal form ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall create a universal form1 available over the internet and in paper form1 that an individual may use to file a sealing petition4 7#f7 ,fee waiver ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall by regulation establish a minimally burdensome process under which indigent petitioners may obtain a waiver of any fee for filing a sealing petition4 7#g7 ,reporting ,not later than #b years after the date of enactment of this subchapter1 and each year thereafter1 each district court of the ,united ,states shall issue a public report that-- 7,a7 describes-- 7i7 the number of sealing petitions granted and denied under this section2 and 7ii7 the number of instances in which the office of a ,united ,states attorney supported or opposed a sealing petition2 7,b7 includes any supporting data that the court determines relevant and that does not name any petitioner2 and 7,c7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 7#h7 ,public defender eligibility 7,a7 ,in general ,the district court may1 in its discretion1 appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent a petitioner for purposes of this section4 7,b7 ,considerations ,in making a determination whether to appoint counsel under subparagraph 7,a71 the court shall consider-- 7i7 the anticipated complexity of the sealing hearing1 including the number and type of witnesses called to advocate against the sealing of the protected information of the petitioner2 and 7ii7 the potential for adverse testimony by a victim or a representative of the office of the ,united ,states attorney4 #cfdd4 ,effect of sealing order 7a7 ,in general ,except as provided in this section1 if a district court of the ,united ,states enters a sealing order with respect to a covered nonviolent offense1 the offense and any arrest1 criminal proceeding1 conviction1 or sentence relating to the offense shall be treated as if it never occurred4 7b7 ,verification of sealing ,if a district court of the ,united ,states enters a sealing order with respect to a covered nonviolent offense1 the court shall-- 7#a7 send a copy of the sealing order to each entity or person known to the court that possesses a record containing protected information that relates to the offense1 including each-- 7,a7 law enforcement agency2 and 7,b7 public or private correctional or detention facility2 7#b7 in the sealing order1 require each entity or person described in paragraph 7#a7 to-- 7,a7 seal the record in accordance with this section2 and 7,b7 submit a written certification to the court1 under penalty of perjury1 that the entity or person has sealed each paper and electronic copy of the record2 7#c7 seal each paper and electronic copy of the record in the possession of the court2 and 7#d7 after receiving a written certification from each entity or person under paragraph 7#b77;,b71 notify the petitioner that each entity or person described in paragraph 7#a7 has sealed each paper and electronic copy of the record4 7c7 ,protection from perjury laws ,except as provided in subsection 7f77#c77;,a71 a petitioner with respect to whom a sealing order has been entered for a covered nonviolent offense shall not be subject to prosecution under any civil or criminal provision of ,federal or ,state law relating to perjury1 false swearing1 or making a false statement1 including section #ajja1 #afba1 #afbb1 or #afbc1 for failing to recite or acknowledge any protected information with respect to the offense or respond to any inquiry made of the petitioner1 relating to the protected information1 for any purpose4 7d7 ,attorney ,general nonpublic records ,the ,attorney ,general-- 7#a7 shall maintain a nonpublic record of all protected information that has been sealed under this subchapter2 and 7#b7 may access or use protected information only-- 7,a7 for legitimate investigative purposes2 7,b7 in defense of any civil suit arising out of the facts of the arrest or subsequent proceedings2 or 7,c7 if the ,attorney ,general determines that disclosure is necessary to serve the interests of justice1 public safety1 or national security4 7e7 ,law enforcement access ,a ,federal or ,state law enforcement agency may access a record that is sealed under this subchapter solely-- 7#a7 to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program2 7#b7 for investigatory1 prosecutorial1 or ,federal supervision purposes2 or 7#c7 for a background check that relates to law enforcement employment or any employment that requires a government security clearance4 7f7 ,prohibition on disclosure 7#a7 ,prohibition ,except as provided in paragraph 7#c71 it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any protected information from a record that has been sealed under this subchapter4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined under this title1 imprisoned for not more than #a year1 or both4 7#c7 ,exceptions 7,a7 ,background checks ,an individual who is the subject of a record sealed under this subchapter shall1 and a ,federal or ,state law enforcement agency that possesses such a record may1 disclose the record in the case of a background check for-- 7i7 law enforcement employment2 or 7ii7 any position that a ,federal agency designates as a-- 7,i7 national security position2 or 7,,ii7 high-risk1 public trust position4 7,b7 ,disclosure to ,armed ,forces ,a person may disclose protected information from a record sealed under this subchapter to the ,secretaries of the military departments 7or the ,secretary of ,homeland ,security with respect to the ,coast ,guard when it is not operating as a service in the ,navy7 for the purpose of vetting an enlistment or commission1 or with regard to any member of the ,armed ,forces4 7,c7 ,criminal and juvenile proceedings ,a prosecutor may disclose protected information from a record sealed under this subchapter if the information pertains to a potential witness in a ,federal or ,state-- 7i7 criminal proceeding2 or 7ii7 juvenile delinquency proceeding4 7,d7 ,authorization for individual to disclose own record ,an individual who is the subject of a record sealed under this subchapter may choose to disclose the record4 4 7c7 ,applicability ,sections #cfdb and #cfdc of title #ah1 ,united ,states ,code1 as added by subsection 7b71 shall apply with respect to a covered nonviolent offense 7as defined in section #cfda7;a7 of such title7 that is committed or alleged to have been committed before1 on1 or after the date of enactment of this ,act4 7d7 ,transition period for hearings deadline ,during the #a-year period beginning on the date of enactment of this ,act1 section #cfdc7;b77#b77;,a7 of title #ah1 ,united ,states ,code1 as added by subsection 7b71 shall be applied by substituting #a year for #ahj days4 7e7 ,technical and conforming amendment ,the table of subchapters for chapter #bbi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,e4 ,sealing of ,criminal ,records#cfda 4 #ijc4 ,juvenile sealing and expungement 7a7 ,purpose ,the purpose of this section is to-- 7#a7 protect children and adults against damage stemming from their juvenile acts and subsequent juvenile delinquency records1 including law enforcement1 arrest1 and court records2 and 7#b7 prevent the unauthorized use or disclosure of confidential juvenile delinquency records and any potential employment1 financial1 psychological1 or other harm that would result from such unauthorized use or disclosure4 7b7 ,definitions ,section #ejca of title #ah1 ,united ,states ,code1 is amended to read as follows3 #ejca4 ,definitions ,in this chapter-- 7#a7 the term adjudication means a determination by a judge that a person committed an act of juvenile delinquency2 7#b7 the term conviction means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury2 7#c7 the term destroy means to render a file unreadable1 whether paper1 electronic1 or otherwise stored1 by shredding1 pulverizing1 pulping1 incinerating1 overwriting1 reformatting the media1 or other means2 7#d7 the term expunge-- 7,a7 means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record2 and 7,b7 has the effect described in section #ejde7;c71 including-- 7i7 the right to treat an offense to which an expunged record relates1 and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense1 as if it never occurred2 and 7ii7 protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to an expunged record2 7#e7 the term expungement hearing means a hearing held under section #ejde7;b77#b77;,b72 7#f7 the term expungement petition means a petition for expungement filed under section #ejde7;b72 7#g7 the term juvenile means-- 7,a7 except as provided in subparagraph 7,b71 a person who has not attained the age of #ah2 and 7,b7 for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency1 a person who has not attained the age of #ba2 7#h7 the term juvenile delinquency means the violation of a law of the ,united ,states committed by a person before attaining the age of #ah which would have been a crime if committed by an adult1 or a violation by such a person of section #ibb7x72 7#i7 the term juvenile nonviolent offense means an act of juvenile delinquency that is not-- 7,a7 a violent crime 7as defined in section #ajc of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aaajc772 or 7,b7 a sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa772 7#aj7 the term juvenile record-- 7,a7 means a record maintained by a court1 the probation system1 a law enforcement agency1 or any other government agency1 of the juvenile delinquency proceedings of a person2 and 7,b7 includes-- 7i7 a juvenile legal file1 including a formal document such as a petition1 notice1 motion1 legal memorandum1 order1 or decree2 7ii7 a social record1 including-- 7,i7 a record of a probation officer2 7,,ii7 a record of any government agency that keeps records relating to juvenile delinquency2 7,,iii7 a medical record2 7,,iv7 a psychiatric or psychological record2 7,v7 a birth certificate2 7,,vi7 an education record1 including an individualized education plan2 7,,vii7 a detention record2 7,,viii7 demographic information that identifies a juvenile or the family of a juvenile2 or 7,,ix7 any other record that includes personally identifiable information that may be associated with a juvenile delinquency proceeding1 an act of juvenile delinquency1 or an alleged act of juvenile delinquency2 7iii7 a law enforcement record1 including-- 7,i7 fingerprints2 7,,ii7 a ,,dna sample2 or 7,,iii7 a photograph2 and 7iv7 a ,state criminal justice information system record2 7#aa7 the term petitioner means a person who files an expungement petition or a sealing petition2 7#ab7 the term seal-- 7,a7 means-- 7i7 to close a record from public viewing so that the record cannot be examined except by court order2 and 7ii7 to physically seal the record shut and label the record ,,sealed or1 in the case of an electronic record1 the substantive equivalent2 and 7,b7 has the effect described in section #ejdd7;c71 including-- 7i7 the right to treat an offense to which a sealed record relates1 and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense1 as if it never occurred2 and 7ii7 protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to a sealed record2 7#ac7 the term sealing hearing means a hearing held under section #ejdd7;b77#b77;,b72 and 7#ad7 the term sealing petition means a petition for a sealing order filed under section #ejdd7;b74 4 7c7 ,confidentiality ,section #ejch of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the flush text following paragraph 7#f71 by inserting after bonding1 the following3 participation in an educational system12 and 7#b7 in subsection 7b71 by striking ,district courts exercising jurisdiction over any juvenile and inserting the following3 ,not later than #g days after the date on which a district court exercises jurisdiction over a juvenile1 the district court4 7d7 ,sealing2 expungement 7#a7 ,in general ,chapter #djc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejdd4 ,sealing 7a7 ,automatic sealing of nonviolent offenses 7#a7 ,in general ,three years after the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 the court shall order the sealing of each juvenile record or portion thereof that relates to the offense if the person-- 7,a7 has not been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition2 and 7,b7 is not engaged in active criminal court proceedings or juvenile delinquency proceedings4 7#b7 ,automatic nature of sealing ,the order of sealing under paragraph 7#a7 shall require no action by the person whose juvenile records are to be sealed4 7#c7 ,notice of automatic sealing ,a court that orders the sealing of a juvenile record of a person under paragraph 7#a7 shall1 in writing1 inform the person of the sealing and the benefits of sealing the record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7b7 ,petitioning for early sealing of nonviolent offenses 7#a7 ,right to file sealing petition 7,a7 ,in general ,during the #c-year period beginning on the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 the person may petition the court to seal the juvenile records that relate to the offense4 7,b7 ,notice of opportunity to file petition ,if a person is adjudged delinquent for a juvenile nonviolent offense1 the court in which the person is adjudged delinquent shall1 in writing1 inform the person of the potential eligibility of the person to file a sealing petition with respect to the offense upon completing every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense1 and the necessary procedures for filing the sealing petition-- 7i7 on the date on which the individual is adjudged delinquent2 and 7ii7 on the date on which the individual has completed every term of probation1 official detention1 or juvenile delinquent supervision ordered by the court with respect to the offense4 7#b7 ,procedures 7,a7 ,notification to prosecutor ,if a person files a sealing petition with respect to a juvenile nonviolent offense1 the court in which the petition is filed shall provide notice of the petition-- 7i7 to the ,attorney ,general2 and 7ii7 upon the request of the petitioner1 to any other individual that the petitioner determines may testify as to-- 7,i7 the conduct of the petitioner since the date of the offense2 or 7,,ii7 the reasons that the sealing order should be entered4 7,b7 ,hearing 7i7 ,in general ,not later than #ahj days after the date on which a person files a sealing petition1 the court shall-- 7,i7 except as provided in clause 7iii71 conduct a hearing in accordance with clause 7ii72 and 7,,ii7 determine whether to enter a sealing order for the person in accordance with subparagraph 7,c74 7ii7 ,opportunity to testify and offer evidence 7,i7 ,petitioner ,the petitioner may testify or offer evidence at the sealing hearing in support of sealing4 7,,ii7 ,prosecutor ,the ,attorney ,general may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing4 7,,iii7 ,other individuals ,an individual who receives notice under subparagraph 7,a77ii7 may testify or offer evidence at the sealing hearing as to the issues described in subclauses 7,i7 and 7,,ii7 of that subparagraph4 7iii7 ,waiver of hearing ,if the petitioner and the ,attorney ,general so agree1 the court shall make a determination under subparagraph 7,c7 without a hearing4 7,c7 ,basis for decision ,the court shall determine whether to grant the sealing petition after considering-- 7i7 the sealing petition and any documents in the possession of the court2 7ii7 all the evidence and testimony presented at the sealing hearing1 if such a hearing is conducted2 7iii7 the best interests of the petitioner2 7iv7 the age of the petitioner during his or her contact with the court or any law enforcement agency2 7v7 the nature of the juvenile nonviolent offense2 7vi7 the disposition of the case2 7vii7 the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services2 7viii7 the length of the time period during which the petitioner has been without contact with any court or law enforcement agency2 7ix7 whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding2 and 7x7 the adverse consequences the petitioner may suffer if the petition is not granted4 7,d7 ,waiting period after denial ,if the court denies a sealing petition1 the petitioner may not file a new sealing petition with respect to the same juvenile nonviolent offense until the date that is #b years after the date of the denial4 7,e7 ,universal form ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall create a universal form1 available over the internet and in paper form1 that an individual may use to file a sealing petition4 7,f7 ,no fee for sealing ,there shall be no cost for filing a sealing petition4 7,g7 ,reporting ,not later than #b years after the date of enactment of this section1 and each year thereafter1 each district court of the ,united ,states shall issue a public report that-- 7i7 describes-- 7,i7 the number of sealing petitions granted and denied under this subsection2 and 7,,ii7 the number of instances in which the ,attorney ,general supported or opposed a sealing petition2 7ii7 includes any supporting data that the court determines relevant and that does not name any petitioner2 and 7iii7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 7,h7 ,public defender eligibility 7i7 ,petitioners under age #ah ,the district court shall appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent a petitioner for purposes of this subsection if the petitioner is less than #ah years of age4 7ii7 ,petitioners age #ah and older 7,i7 ,discretion of court ,in the case of a petitioner who not less than #ah years of age1 the district court may1 in its discretion1 appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent the petitioner for purposes of this subsection4 7,,ii7 ,considerations ,in determining whether to appoint counsel under subclause 7,i71 the court shall consider-- 7aa7 the anticipated complexity of the sealing hearing1 including the number and type of witnesses called to advocate against the sealing of the records of the petitioner2 and 7bb7 the potential for adverse testimony by a victim or a representative of the ,attorney ,general4 7c7 ,effect of sealing order 7#a7 ,in general ,except as provided in this subsection1 if a court orders the sealing of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the offense and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense shall be treated as if it never occurred4 7#b7 ,verification of sealing ,if a court orders the sealing of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the court shall-- 7,a7 send a copy of the sealing order to each entity or person known to the court that possesses a record relating to the offense1 including each-- 7i7 law enforcement agency2 and 7ii7 public or private correctional or detention facility2 7,b7 in the sealing order1 require each entity or person described in subparagraph 7,a7 to-- 7i7 seal the record2 and 7ii7 submit a written certification to the court1 under penalty of perjury1 that the entity or person has sealed each paper and electronic copy of the record2 7,c7 seal each paper and electronic copy of the record in the possession of the court2 and 7,d7 after receiving a written certification from each entity or person under subparagraph 7,b77ii71 notify the petitioner that each entity or person described in subparagraph 7,a7 has sealed each paper and electronic copy of the record4 7#c7 ,protection from perjury laws ,except as provided in paragraph 7#e77;,c77i71 the person who is the subject of a juvenile record sealed under subsection 7a7 or 7b7 or a parent of the person shall not be subject to prosecution under any civil or criminal provision of ,federal or ,state law relating to perjury1 false swearing1 or making a false statement1 including section #ajja1 #afba1 #afbb1 or #afbc1 for failing to acknowledge the record or respond to any inquiry made of the person or the parent1 relating to the record1 for any purpose4 7#d7 ,law enforcement access to sealed records ,a law enforcement agency may access a sealed juvenile record of a person solely-- 7,a7 to determine whether the person is eligible for a first-time-offender diversion program2 7,b7 for investigatory or prosecutorial purposes within the juvenile justice system2 or 7,c7 for a background check that relates to-- 7i7 law enforcement employment2 or 7ii7 any position that a ,federal agency designates as a-- 7,i7 national security position2 or 7,,ii7 high-risk1 public trust position4 7#e7 ,prohibition on disclosure 7,a7 ,prohibition ,except as provided in subparagraph 7,c71 it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any information from a sealed juvenile record in violation of this section4 7,b7 ,penalty ,any person who violates subparagraph 7,a7 shall be fined under this title1 imprisoned for not more than #a year1 or both4 7,c7 ,exceptions 7i7 ,background checks ,a person who is the subject of a juvenile record sealed under this section shall1 and a ,federal or ,state law enforcement agency that possesses such a record may1 disclose the record in the case of a background check for-- 7,i7 law enforcement employment2 or 7,,ii7 any employment that requires a government security clearance4 7ii7 ,disclosure to ,armed ,forces ,a person may disclose information from a sealed juvenile record to the ,secretaries of the military departments 7or the ,secretary of ,homeland ,security with respect to the ,coast ,guard when it is not operating as a service in the ,navy7 for the purpose of vetting an enlistment or commission1 or with regard to any member of the ,armed ,forces4 7iii7 ,criminal and juvenile proceedings ,a prosecutor may disclose information from a juvenile record sealed under this section if the information pertains to a potential witness in a ,federal or ,state-- 7,i7 criminal proceeding2 or 7,,ii7 juvenile delinquency proceeding4 7iv7 ,authorization for person to disclose own record ,a person who is the subject of a juvenile record sealed under this section may choose to disclose the record4 #ejde4 ,expungement 7a7 ,automatic expungement of certain records 7#a7 ,attorney ,general motion 7,a7 ,nonviolent offenses committed before a person turned #ae ,if a person is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed before the person attained #ae years of age1 on the date on which the person attains #ah years of age1 the ,attorney ,general shall file a motion in the district court of the ,united ,states in which the person was adjudicated delinquent requesting that each juvenile record of the person that relates to the offense be expunged4 7,b7 ,arrests ,if a juvenile is arrested for an offense for which a juvenile delinquency proceeding is not instituted under this subchapter1 the ,attorney ,general shall file a motion in the district court of the ,united ,states that would have had jurisdiction of the proceeding requesting that each juvenile record relating to the arrest be expunged4 7,c7 ,expungement order ,upon the filing of a motion in a district court of the ,united ,states with respect to a juvenile nonviolent offense under subparagraph 7,a7 or an arrest for an offense under subparagraph 7,b71 the court shall grant the motion and order that each juvenile record relating to the offense or arrest1 as applicable1 be expunged4 7#b7 ,dismissed cases ,if a district court of the ,united ,states dismisses an information with respect to a juvenile under this subchapter or finds a juvenile not to be delinquent in a juvenile delinquency proceeding under this subchapter1 the court shall concurrently order that each juvenile record relating to the applicable proceeding be expunged4 7#c7 ,automatic nature of expungement ,an order of expungement under paragraph 7#a77;,c7 or 7#b7 shall not require any action by the person whose records are to be expunged4 7#d7 ,notice of automatic expungement ,a court that orders the expungement of a juvenile record of a person under paragraph 7#a77;,c7 or 7#b7 shall1 in writing1 inform the person of the expungement and the benefits of expunging the record1 including protection from civil and criminal perjury1 false swearing1 and false statement laws with respect to the record4 7b7 ,petitioning for expungement of nonviolent offenses 7#a7 ,in general ,a person who is adjudged delinquent under this chapter for a juvenile nonviolent offense committed on or after the date on which the person attained #ae years of age may petition the court in which the proceeding took place to order the expungement of the juvenile record that relates to the offense4 7#b7 ,procedures 7,a7 ,notification of prosecutor and victims ,if a person files an expungement petition with respect to a juvenile nonviolent offense1 the court in which the petition is filed shall provide notice of the petition-- 7i7 to the ,attorney ,general2 and 7ii7 upon the request of the petitioner1 to any other individual that the petitioner determines may testify as to-- 7,i7 the conduct of the petitioner since the date of the offense2 or 7,,ii7 the reasons that the expungement order should be entered4 7,b7 ,hearing 7i7 ,in general ,not later than #ahj days after the date on which a person files an expungement petition1 the court shall-- 7,i7 except as provided in clause 7iii71 conduct a hearing in accordance with clause 7ii72 and 7,,ii7 determine whether to enter an expungement order for the person in accordance with subparagraph 7,c74 7ii7 ,opportunity to testify and offer evidence 7,i7 ,petitioner ,the petitioner may testify or offer evidence at the expungement hearing in support of expungement4 7,,ii7 ,prosecutor ,the ,attorney ,general may send a representative to testify or offer evidence at the expungement hearing in support of or against expungement4 7,,iii7 ,other individuals ,an individual who receives notice under subparagraph 7,a77ii7 may testify or offer evidence at the expungement hearing as to the issues described in subclauses 7,i7 and 7,,ii7 of that subparagraph4 7,c7 ,basis for decision ,the court shall determine whether to grant an expungement petition after considering-- 7i7 the petition and any documents in the possession of the court2 7ii7 all the evidence and testimony presented at the expungement hearing1 if such a hearing is conducted2 7iii7 the best interests of the petitioner2 7iv7 the age of the petitioner during his or her contact with the court or any law enforcement agency2 7v7 the nature of the juvenile nonviolent offense2 7vi7 the disposition of the case2 7vii7 the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services2 7viii7 the length of the time period during which the petitioner has been without contact with any court or any law enforcement agency2 7ix7 whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding2 and 7x7 the adverse consequences the petitioner may suffer if the petition is not granted4 7,d7 ,waiting period after denial ,if the court denies an expungement petition1 the petitioner may not file a new expungement petition with respect to the same offense until the date that is #b years after the date of the denial4 7,e7 ,universal form ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall create a universal form1 available over the internet and in paper form1 that an individual may use to file an expungement petition4 7,f7 ,no fee for expungement ,there shall be no cost for filing an expungement petition4 7,g7 ,reporting ,not later than #b years after the date of enactment of this section1 and each year thereafter1 each district court of the ,united ,states shall issue a public report that-- 7i7 describes-- 7,i7 the number of expungement petitions granted and denied under this subsection2 and 7,,ii7 the number of instances in which the ,attorney ,general supported or opposed an expungement petition2 7ii7 includes any supporting data that the court determines relevant and that does not name any petitioner2 and 7iii7 disaggregates all relevant data by race1 ethnicity1 gender1 and the nature of the offense4 7,h7 ,public defender eligibility 7i7 ,petitioners under age #ah ,the district court shall appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent a petitioner for purposes of this subsection if the petitioner is less than #ah years of age4 7ii7 ,petitioners age #ah and older 7,i7 ,discretion of court ,in the case of a petitioner who not less than #ah years of age1 the district court may1 in its discretion1 appoint counsel in accordance with the plan of the district court in operation under section #cjjf;,a to represent the petitioner for purposes of this subsection4 7,,ii7 ,considerations ,in determining whether to appoint counsel under subclause 7,i71 the court shall consider-- 7aa7 the anticipated complexity of the expungement hearing1 including the number and type of witnesses called to advocate against the expungement of the records of the petitioner2 and 7bb7 the potential for adverse testimony by a victim or a representative of the ,attorney ,general4 7c7 ,effect of expunged juvenile record 7#a7 ,in general ,except as provided in this subsection1 if a court orders the expungement of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense-- 7,a7 the offense and any arrest1 juvenile delinquency proceeding1 adjudication1 or other result of such proceeding relating to the offense shall be treated as if it never occurred2 and 7,b7 the person to whom the record pertains shall not be required to disclose the existence of the record4 7#b7 ,verification of expungement ,if a court orders the expungement of a juvenile record under subsection 7a7 or 7b7 with respect to a juvenile nonviolent offense1 the court shall-- 7,a7 send a copy of the expungement order to each entity or person known to the court that possesses a record relating to the offense1 including each-- 7i7 law enforcement agency2 and 7ii7 public or private correctional or detention facility2 7,b7 in the expungement order1 require each entity or person described in subparagraph 7,a7 to-- 7i7 destroy the record2 and 7ii7 submit a written certification to the court1 under penalty of perjury1 that the entity or person has destroyed each paper and electronic copy of the record2 7,c7 destroy each paper and electronic copy of the record in the possession of the court2 and 7,d7 after receiving a written certification from each entity or person under subparagraph 7,b77ii71 notify the petitioner that each entity or person described in subparagraph 7,a7 has destroyed each paper and electronic copy of the record4 7#c7 ,reply to inquiries ,in the case of an inquiry relating to a juvenile record of a person that is expunged under this section1 the court in which the proceeding took place1 each law enforcement officer1 any agency that provided treatment or rehabilitation services to the person1 and the person 7except as provided in paragraph 7#f77 shall reply to the inquiry that no such juvenile record exists4 7#d7 ,protection from perjury laws ,except as provided in paragraph 7#e71 if a juvenile record of a person is expunged under this section1 the person who is the subject of the record or a parent of the person shall not be subject to prosecution under any civil or criminal provision of ,federal or ,state law relating to perjury1 false swearing1 or making a false statement1 including section #ajja1 #afba1 #afbb1 or #afbc1 for failing to acknowledge the record or respond to any inquiry made of the person or the parent1 relating to the record1 for any purpose4 7#e7 ,civil actions 7,a7 ,in general ,if a person whose juvenile record is expunged under this section brings an action that might be defended with the contents of the record1 there shall be a rebuttable presumption that the defendant has a complete defense to the action4 7,b7 ,showing by plaintiff ,in an action described in subparagraph 7,a71 the plaintiff may rebut the presumption of a complete defense by showing that the contents of the expunged record would not prevent the defendant from being liable4 7,c7 ,duty to testify as to existence of record ,the court in which an action described in subparagraph 7,a7 is filed may require the plaintiff to state under oath whether the plaintiff had a juvenile record and whether the record was expunged4 7,d7 ,proof of existence of juvenile record ,if the plaintiff in an action described in subparagraph 7,a7 denies the existence of a juvenile record1 the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence4 7#f7 ,criminal and juvenile proceedings ,a prosecutor may disclose information from a juvenile record expunged under this section if the information pertains to a potential witness in a ,federal or ,state-- 7,a7 criminal proceeding2 or 7,b7 juvenile delinquency proceeding4 7#g7 ,authorization for person to disclose own record ,a person who is the subject of a juvenile record expunged under this section may choose to disclose the record4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #djc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #ejdd4 ,sealing4#ejde4 ,expungement4 4 7#c7 ,applicability ,sections #ejdd and #ejde of title #ah1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to a juvenile nonviolent offense 7as defined in section #ejca of such title1 as amended by subsection 7b77 that is committed or alleged to have been committed before1 on1 or after the date of enactment of this ,act4 7e7 ,juvenile solitary confinement ,chapter #djc of title #ah1 ,united ,states ,code1 as amended by this title1 is further amended by striking section #ejdc and inserting the following3 #ejdc4 ,juvenile solitary confinement 7a7 ,definitions ,in this section-- 7#a7 the term covered juvenile means-- 7,a7 a juvenile who-- 7i7 is being proceeded against under this chapter for an alleged act of juvenile delinquency2 or 7ii7 has been adjudicated delinquent under this chapter2 or 7,b7 a juvenile who is being proceeded against as an adult in a district court of the ,united ,states for an alleged criminal offense2 7#b7 the term juvenile facility means any facility where covered juveniles are-- 7,a7 committed pursuant to an adjudication of delinquency under this chapter2 or 7,b7 detained prior to disposition or conviction2 and 7#c7 the term room confinement means the involuntary placement of a covered juvenile alone in a cell1 room1 or other area for any reason4 7b7 ,prohibition on room confinement in juvenile facilities 7#a7 ,in general ,the use of room confinement at a juvenile facility for discipline1 punishment1 retaliation1 or any reason other than as a temporary response to a covered juvenile's behavior that poses a serious and immediate risk of physical harm to any individual1 including the covered juvenile1 is prohibited4 7#b7 ,juveniles posing risk of harm 7,a7 ,requirement to use least restrictive techniques 7i7 ,in general ,before a staff member of a juvenile facility places a covered juvenile in room confinement1 the staff member shall attempt to use less restrictive techniques1 including-- 7,i7 talking with the covered juvenile in an attempt to de-escalate the situation2 and 7,,ii7 permitting a qualified mental health professional1 or a staff member who has received training in de-escalation techniques and trauma-informed care1 to talk to the covered juvenile4 7ii7 ,explanation ,if1 after attempting to use less restrictive techniques as required under clause 7i71 a staff member of a juvenile facility decides to place a covered juvenile in room confinement1 the staff member shall first-- 7,i7 explain to the covered juvenile the reasons for the room confinement2 and 7,,ii7 inform the covered juvenile that release from room confinement will occur-- 7aa7 immediately when the covered juvenile regains self-control1 as described in subparagraph 7,b77i72 or 7bb7 not later than after the expiration of the time period described in subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii71 as applicable4 7,b7 ,maximum period of confinement ,if a covered juvenile is placed in room confinement because the covered juvenile poses a serious and immediate risk of physical harm to himself or herself1 or to others1 the covered juvenile shall be released-- 7i7 immediately when the covered juvenile has sufficiently gained control so as to no longer engage in behavior that threatens serious and immediate risk of physical harm to himself or herself1 or to others2 or 7ii7 if a covered juvenile does not sufficiently gain control as described in clause 7i71 not later than-- 7,i7 #c hours after being placed in room confinement1 in the case of a covered juvenile who poses a serious and immediate risk of physical harm to others2 or 7,,ii7 #cj minutes after being placed in room confinement1 in the case of a covered juvenile who poses a serious and immediate risk of physical harm only to himself or herself4 7,c7 ,risk of harm after maximum period of confinement ,if1 after the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 has expired1 a covered juvenile continues to pose a serious and immediate risk of physical harm described in that subclause-- 7i7 the covered juvenile shall be transferred immediately to another juvenile facility or internal location where services can be provided to the covered juvenile without relying on room confinement2 or 7ii7 if a qualified mental health professional believes the level of crisis service needed is not currently available1 a staff member of the juvenile facility shall immediately transport the juvenile to-- 7,i7 an emergency medical facility2 or 7,,ii7 an equivalent location that can meet the needs of the covered juvenile4 7,d7 ,action before expiration of time limit ,nothing in subparagraph 7,c7 shall be construed to prohibit an action described in clause 7i7 or 7ii7 of that subparagraph from being taken before the applicable maximum period of confinement under subclause 7,i7 or 7,,ii7 of subparagraph 7,b77ii7 has expired4 7,e7 ,conditions ,a room used for room confinement for a juvenile shall-- 7i7 have not less than #hj square feet of floor space2 7ii7 have adequate lighting1 heating or cooling 7as applicable71 and ventilation for the comfort of the juvenile2 7iii7 be suicide-resistant and protrusion-free2 and 7iv7 have access to clean potable water1 toilet facilities1 and hygiene supplies4 7,f7 ,notice 7i7 ,use of room confinement ,not later than #a business day after the date on which a juvenile facility places a covered juvenile in room confinement1 the juvenile facility shall provide notice to the attorney of record for the juvenile4 7ii7 ,transfer ,not later than #bd hours after a covered juvenile is transferred from a juvenile facility to another location1 the juvenile facility shall provide notice to-- 7,i7 the attorney of record for the juvenile2 and 7,,ii7 an authorized parent or guardian of the juvenile4 7,g7 ,spirit and purpose ,the use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited4 7c7 ,study and report ,not later than #b years after the date of enactment of this section1 and each year thereafter1 the ,attorney ,general shall submit to ,congress a report that-- 7#a7 contains a detailed description of the type of physical force1 restraints1 and room confinement used at juvenile facilities2 7#b7 describes the number of instances in which physical force1 restraints1 or room confinement are used at juvenile facilities1 disaggregated by race1 ethnicity1 and gender2 and 7#c7 contains a detailed description of steps taken1 in each instance in which room confinement is used at a juvenile facility1 to address and remedy the underlying issue that led to behavioral intervention resulting in the use of room confinement1 including any positive or negative outcomes4 4 #ijd4 ,study and report on cost savings from sealing and expungement provisions 7a7 ,study 7#a7 ,in general ,not later than #e years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of ,labor and the ,director of the ,office of ,management and ,budget1 shall conduct a study on the cost savings and broader economic impact of the sealing and expungement provisions in the amendments made by sections #ijb1 #ijc1 and #ijf of this title4 7#b7 ,considerations ,in conducting the study under paragraph 7#a71 the ,attorney ,general shall consider-- 7,a7 the reduction in recidivism and associated cost savings related to corrections and public safety2 7,b7 increased economic activity by former offenders1 including by conducting an analysis of the tax revenue generated by that activity2 and 7,c7 the economic impact on the household of former offenders and the children of former offenders4 7b7 ,report ,not later than #e years after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report on the study conducted under subsection 7a74 #ije4 ,,tanf assistance and ,,snap benefits 7a7 ,repeal of ban on assistance ,section #aae of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7 is repealed4 7b7 ,effect on ,state elections ,to opt out or limit period of prohibition 7#a7 ,definitions ,in this subsection-- 7,a7 the term ,state has the meaning given the term in section #aae7;e7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7e77 7as in effect on the day before the date of enactment of this ,act72 and 7,b7 the term ,,tanf assistance or ,,snap benefits means assistance or benefits referred to in section #aae7;a7 of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7as in effect on the day before the date of enactment of this ,act74 7#b7 ,effect ,a law enacted by a ,state under the authority under subparagraph 7,a7 or 7,b7 of subsection 7d77#a7 of section #aae of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#ba ,u4,s4,c4 #hfb;a7 7as in effect on the day before the date of enactment of this ,act71 and any ,state law or regulation enacted to carry out the requirements of such section 7as then in effect71 that imposes conditions on eligibility for ,,tanf assistance or ,,snap benefits shall have no force or effect4 #ijf4 ,state incentives 7a7 ,,cops grants priority ,section #agja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking or at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7#d7 subject to subsection 7n77#a71 from an applicant in a ,state that has in effect-- 7,a7 a law relating to the confidentiality1 sealing1 and expungement of juvenile records that is substantially similar to1 or more generous to the former offender than1 the amendments made by subsections 7b7 through 7d7 of section #ijc of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjai2 7,b7 a law prohibiting juvenile solitary confinement that is substantially similar to1 or more restrictive than1 the amendment made by subsection 7e7 of section #ijc of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjai2 7,c7 a law relating to the sealing of adult records that is substantially similar to1 or more generous to the former offender than1 the amendments made by section #ijb of the ,record ,expungement ,designed to ,enhance ,employment ,act of #bjai2 7,d7 subject to subsection 7n77#b71 a law that establishes that an adult criminal court may not have original jurisdiction over an individual who was less than #ah years of age when the individual committed an offense2 7,e7 a law that allows an individual who has successfully sealed or expunged a criminal record to be free from civil and criminal perjury laws2 or 7,f7 a law or policy that ensures to the maximum extent practicable1 for juveniles who have been arrested for or convicted of a criminal offense-- 7i7 equal sentencing guidelines1 without regard to gender2 and 7ii7 equal access1 without regard to gender1 to services1 assistance1 or benefits provided4 2 and 7#b7 by adding at the end the following3 7n7 ,rules for preferential consideration of ,states with laws similar to ,,redeem ,act 7#a7 ,degree of priority commensurate with degree of compliance ,if the ,attorney ,general1 in awarding grants under this part1 gives preferential consideration to any application as authorized under subsection 7c77#d71 the ,attorney ,general shall base the degree of preferential consideration given to an application from an applicant in a particular ,state on the number of subparagraphs under that subsection that the ,state has satisfied1 relative to the number of such subparagraphs that each other ,state has satisfied4 7#b7 ,juvenile transfer provisions ,subsection 7c77#d77;,d7 shall not be construed to preclude from preferential consideration an application from an applicant in a ,state that-- 7,a7 has in effect a law that authorizes the transfer of an individual who is less than #ah years of age to adult criminal court if the individual commits a specified offense or an offense that falls under a specified category of offenses2 or 7,b7 exercises other case-specific transfer mechanisms4 4 7b7 ,attorney ,general guidelines and technical assistance ,the ,attorney ,general shall issue guidelines and provide technical assistance to assist ,states in complying with the incentive under paragraph 7#d7 of section #agja7;c7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha7;c771 as added by subsection 7a74 #ijg4 ,gender equality in ,federal juvenile delinquency proceedings 7a7 ,dispositions ,section #ejcg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,gender equality 7#a7 ,policy of the ,united ,states ,it is the policy of the ,united ,states that there should be no disparities based on gender in dispositions of juvenile cases4 7#b7 ,directive to ,sentencing ,commission and courts ,the ,united ,states ,sentencing ,commission1 in promulgating sentencing guidelines and policy statements applicable to dispositions of district courts exercising jurisdiction over juveniles1 and the courts1 in determining such dispositions1 shall take care to avoid and remedy any disparities described in paragraph 7#a74 4 7b7 ,commitments ,section #ejci of title #ah1 ,united ,states ,code1 is amended1 in the second paragraph1 by adding at the end the following3 ,the ,attorney ,general shall promulgate regulations that ensure1 to the maximum extent practicable1 equal access1 without regard to gender1 to services1 assistance1 or benefits provided1 to juveniles who have been arrested under ,federal authority1 or committed pursuant to an adjudication under this chapter1 for juvenile delinquency44 #ijh4 ,ensuring accuracy in the ,,fbi background check system 7a7 ,in general ,section #ecd of title #bh1 ,united ,states ,code1 as amended by title ,,viii1 is amended by adding at the end the following3 7h7 ,ensuring accuracy in the ,,fbi background check system 7#a7 ,definitions ,in this subsection-- 7,a7 the term applicant means the individual to whom a record sought to be exchanged pertains2 7,b7 the term incomplete1 with respect to a record1 means the record-- 7i7 indicates that an individual was arrested but does not describe the offense for which the individual was arrested2 or 7ii7 indicates that an individual was arrested or criminal proceedings were instituted against an individual but does not include the final disposition of the arrest or of the proceedings if a final disposition has been reached2 7,c7 the term record means a record or other information collected under this section2 7,d7 the term reporting jurisdiction means any person or entity that provides a record to the ,attorney ,general under this section2 and 7,e7 the term requesting entity-- 7i7 means a person or entity that seeks the exchange of a record for civil purposes that include employment1 occupational licensing1 occupational certification1 housing1 credit1 or any other type of application2 and 7ii7 does not include a law enforcement or intelligence agency that seeks the exchange of a record for-- 7,i7 investigative purposes2 or 7,,ii7 purposes relating to law enforcement employment4 7#b7 ,incomplete or inaccurate records ,the ,attorney ,general shall establish and enforce procedures to ensure the prompt release of accurate records exchanged for civil purposes through the records system created under this section4 7#c7 ,required procedures ,the procedures established under paragraph 7#b7 shall include the following3 7,a7 ,inaccurate record or information ,if the ,attorney ,general determines that a record is inaccurate1 the ,attorney ,general shall1 not later than #aj days after the date on which the requesting entity requests the exchange and before the exchange is made1 promptly correct the record1 including by making deletions to the record if appropriate4 7,b7 ,incomplete record 7i7 ,in general ,if the ,attorney ,general determines that a record is incomplete or cannot be verified1 the ,attorney ,general-- 7,i7 shall attempt to complete or verify the record2 and 7,,ii7 if unable to complete or verify the record1 may promptly make any changes or deletions to the record4 7ii7 ,lack of disposition of arrest ,for purposes of this subparagraph1 an incomplete record includes a record that indicates there was an arrest and does not include the disposition of the arrest4 7iii7 ,obtaining disposition of arrest ,if the ,attorney ,general determines that a record is an incomplete record described in clause 7ii71 the ,attorney ,general shall1 not later than #aj days after the date on which the requesting entity requests the exchange and before the exchange is made1 obtain the disposition 7if any7 of the arrest4 7,c7 ,notification of reporting jurisdiction ,the ,attorney ,general shall notify each appropriate reporting jurisdiction of any action taken under subparagraph 7,a7 or 7,b74 7,d7 ,opportunity to review records by applicant ,in connection with an exchange of a record under this section1 the ,attorney ,general shall-- 7i7 obtain the consent of the applicant to exchange the record with the requesting entity2 7ii7 at the time of consent1 notify the applicant that the applicant can obtain a copy of the record2 7iii7 provide to the applicant an opportunity to-- 7,i7 obtain a copy of the record upon request2 and 7,,ii7 challenge the accuracy and completeness of the record2 7iv7 promptly notify the requesting entity of any such challenge2 7v7 not later than #cj days after the date on which the challenge is made1 complete an investigation of the challenge2 7vi7 provide to the applicant the specific findings and results of that investigation2 7vii7 promptly make any changes or deletions to the records required as a result of the challenge2 and 7viii7 report those changes to the requesting entity4 7,e7 ,certain exchanges prohibited ,an exchange shall not include any record-- 7i7 about an arrest more than #b years old as of the date of the request for the exchange1 that does not also include a disposition 7if any7 of that arrest2 7ii7 relating to an adult or juvenile non-serious offense of the sort described in section #bj4cb7;b7 of title #bh1 ,code of ,federal ,regulations1 as in effect on ,july #a1 #bjji2 or 7iii7 to the extent the record is not clearly an arrest or a disposition of an arrest4 7#d7 ,fees ,the ,attorney ,general may collect a reasonable fee for an exchange of records for civil purposes through the records system created under this section to defray the costs associated with exchanges for those purposes1 including any costs associated with the investigation of inaccurate or incomplete records4 4 7b7 ,regulations on reasonable procedures ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall issue regulations to carry out section #ecd7;h7 of title #bh1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report on the implementation of subsection 7h7 of section #ecd of title #bh1 ,united ,states ,code1 as added by subsection 7a71 that includes-- 7#a7 the number of exchanges of records for civil purposes made with entities in each ,state through the records system created under such section #ecd2 7#b7 any prolonged failure of a reporting jurisdiction to comply with a request by the ,attorney ,general for information about dispositions of arrests2 and 7#c7 the numbers of successful and unsuccessful challenges to the accuracy and completeness of records1 organized by ,state of origination of each record4 #iji4 ,report on statutory and regulatory restrictions and disqualifications based on criminal records 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,secretary of ,labor and the ,director of the ,office of ,personnel ,management1 shall submit to ,congress a report on each ,federal statute1 regulation1 or policy that authorizes a restriction on1 or disqualification of1 an applicant for employment or for a ,federal license or permit based on the criminal record of the applicant4 7b7 ,identification of information ,in the report submitted under subsection 7a71 the ,attorney ,general shall-- 7#a7 identify each occupation1 position1 license1 or permit to which a restriction or disqualification described in subsection 7a7 applies2 and 7#b7 for each occupation1 position1 license1 or permit identified under paragraph 7#a71 include-- 7,a7 a description of the restriction or disqualification2 7,b7 the duration of the restriction or disqualification2 7,c7 an evaluation of the rationale for the restriction or disqualification and its continuing usefulness2 7,d7 the procedures1 if any1 to appeal1 waive1 or exempt the restriction or disqualification based on a showing of rehabilitation or other relevant evidence2 7,e7 any information available about the numbers of individuals restricted or disqualified on the basis of a criminal record2 and 7,f7 the identity of the ,federal agency with jurisdiction over the restriction or disqualification4 ,x ,democracy ,restoration ,act #ajja4 ,short title ,this title may be cited as the ,democracy ,restoration ,act of #bjai4 #ajjb4 ,findings ,congress makes the following findings3 7#a7 ,the right to vote is the most basic constitutive act of citizenship4 ,regaining the right to vote reintegrates individuals with criminal convictions into free society1 helping to enhance public safety4 7#b7 ,article ,i1 section #d1 of the ,constitution of the ,united ,states grants ,congress ultimate supervisory power over ,federal elections1 an authority which has repeatedly been upheld by the ,supreme ,court of the ,united ,states4 7#c7 ,basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the ,united ,states to vote in ,federal elections4 ,the right to vote may not be abridged or denied by the ,united ,states or by any ,state on account of race1 color1 gender1 or previous condition of servitude4 ,the #acth1 #adth1 #aeth1 #aith1 #bdth1 and #bfth ,amendments to the ,constitution of the ,united ,states empower ,congress to enact measures to protect the right to vote in ,federal elections4 ,the #hth ,amendment to the ,constitution of the ,united ,states provides for no excessive bail to be required1 nor excessive fines imposed1 nor cruel and unusual punishments inflicted4 7#d7 ,there are #c areas where discrepancies in ,state laws regarding criminal convictions lead to unfairness in ,federal elections-- 7,a7 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 lives2 7,b7 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 permanently2 and 7,c7 ,state disenfranchisement laws disproportionately impact racial and ethnic minorities4 7#e7 ,two ,states do not disenfranchise individuals with criminal convictions at all 7,maine and ,vermont71 but #dh ,states and the ,district of ,columbia have laws that deny convicted individuals the right to vote while they are in prison4 7#f7 ,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 sentence4 ,in #cd ,states1 convicted individuals may not vote while they are on parole and #cj of those ,states disenfranchise individuals on felony probation as well4 ,in #aj ,states1 a conviction can result in lifetime disenfranchisement4 7#g7 ,several ,states deny the right to vote to individuals convicted of certain misdemeanors4 7#h7 ,in #bjaf1 an estimated #f1ajj1jjj citizens of the ,united ,states1 or about #a in #dj adults in the ,united ,states1 could not vote as a result of a felony conviction4 ,of the #f1ajj1jjj citizens barred from voting1 only approximately #bb percent were in prison4 ,by contrast1 roughly #gg percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences4 ,approximately #c1ajj1jjj citizens who completed their sentences remain disenfranchised due to restrictive ,state laws4 ,in six ,states--,alabama1 ,florida1 ,kentucky1 ,mississippi1 ,tennessee1 and ,virginia--more than #g percent of the total population is disenfranchised4 ,as of ,november #bjah1 the lifetime ban for felons was eliminated through a ,florida ballot initiative4 ,as a result1 #a1djj1jjj people had their voting rights restored4 7#i7 ,in those ,states that disenfranchise individuals post-sentence1 the right to vote can be regained in theory1 but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner4 ,disenfranchised individuals must either obtain a pardon or an order from the ,governor or an action by the parole or pardon board1 depending on the offense and ,state4 ,individuals convicted of a ,federal offense often have additional barriers to regaining voting rights4 7#aj7 ,state disenfranchisement laws disproportionately impact racial and ethnic minorities4 ,as of #bjaf1 more than #g percent of the voting-age ,african-,american population1 or #b1bjj1jjj ,african ,americans1 were disenfranchised4 ,one out of every #ac ,african ,americans were unable to vote because of felony disenfranchisement1 which is a rate more than #d times greater than non-,african ,americans4 #g4d percent of ,african ,americans are disenfranchised whereas only #a4h percent of non-,african ,americans were4 ,in #bjaf1 in #d ,states--,florida 7#bc percent71 ,kentucky 7#bb percent71 ,tennessee 7#ba percent71 and ,virginia 7#bj percent7--more than #a in #e ,african ,americans were unable to vote because of prior convictions4 7#aa7 ,latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system4 ,if current incarceration trends hold1 the lifetime likelihood of incarceration for males born in #bjaa is #ag percent for ,latinos1 in contrast to less than #f percent of non-,latino ,white men4 ,when analyzing the data across #aj ,states1 ,latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population4 ,in #f out of #aj ,states studied in #bjjc1 ,latinos constitute more than #aj percent of the total number of persons disenfranchised by ,state felony laws4 ,in #d ,states 7,california1 #cg percent2 ,new ,york1 #cd percent2 ,texas1 #cj percent2 and ,arizona1 #bg percent71 ,latinos were disenfranchised by a rate of more than #be percent4 7#ab7 ,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 society4 7#ac7 ,state disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons4 ,future electoral participation by the children of disenfranchised parents may be impacted as well4 7#ad7 ,the ,united ,states is the only ,western democracy that permits the permanent denial of voting rights for individuals with felony convictions4 #ajjc4 ,definitions ,in this title3 7#a7 ,correctional institution or facility ,the term correctional institution or facility means any prison1 penitentiary1 jail1 or other institution or facility for the confinement of individuals convicted of criminal offenses1 whether publicly or privately operated1 except that such term does not include any residential community treatment center 7or similar public or private facility74 7#b7 ,election ,the term election means-- 7,a7 a general1 special1 primary1 or runoff election2 7,b7 a convention or caucus of a political party held to nominate a candidate2 7,c7 a primary election held for the selection of delegates to a national nominating convention of a political party2 or 7,d7 a primary election held for the expression of a preference for the nomination of persons for election to the office of ,president4 7#c7 ,federal office ,the term ,federal office means the office of ,president or ,vice ,president of the ,united ,states1 or of ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress of the ,united ,states4 7#d7 ,probation ,the term probation means probation1 imposed by a ,federal1 ,state1 or local court1 with or without a condition on the individual involved concerning-- 7,a7 the individual's freedom of movement2 7,b7 the payment of damages by the individual2 7,c7 periodic reporting by the individual to an officer of the court2 or 7,d7 supervision of the individual by an officer of the court4 #ajjd4 ,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 unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election4 #ajje4 ,enforcement 7a7 ,attorney general ,the ,attorney ,general may1 in a civil action1 obtain such declaratory or injunctive relief as is necessary to remedy a violation of this title4 7b7 ,private right of action 7#a7 ,in general ,a person who is aggrieved by a violation of this title may provide written notice of the violation to the chief election official of the ,state involved4 7#b7 ,relief ,except as provided in paragraph 7#c71 if the violation is not corrected within #ij days after receipt of a notice under paragraph 7#a71 or within #bj days after receipt of the notice if the violation occurred within #abj days before the date of an election for ,federal office1 the aggrieved person may1 in a civil action1 obtain declaratory or injunctive relief with respect to the violation4 7#c7 ,exception ,if the violation occurred within #cj days before the date of an election for ,federal office1 the aggrieved person need not provide notice to the chief election official of the ,state under paragraph 7#a7 before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation4 #ajjf4 ,notification of restoration of voting rights 7a7 ,state notification 7#a7 ,notification ,on the date determined under paragraph 7#b71 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 this title and may register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given on the date on which the individual-- 7i7 is sentenced to serve only a term of probation2 or 7ii7 is released from the custody of that ,state 7other than to the custody of another ,state or the ,federal ,government to serve a term of imprisonment for a felony conviction74 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a ,state court4 7b7 ,federal notification 7#a7 ,notification ,any individual who has been convicted of a criminal offense under ,federal law shall be notified in accordance with paragraph 7#b7 that such individual has the right to vote in an election for ,federal office pursuant to the this title and may register to vote in any such election4 7#b7 ,date of notification 7,a7 ,felony conviction ,in the case of such an individual who has been convicted of a felony1 the notification required under paragraph 7#a7 shall be given-- 7i7 in the case of an individual who is sentenced to serve only a term of probation1 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 sentenced2 or 7ii7 in the case of any individual committed to the custody of the ,bureau of ,prisons1 by the ,director of the ,bureau of ,prisons1 during the period beginning on the date that is #f months before such individual is released and ending on the date such individual is released from the custody of the ,bureau of ,prisons4 7,b7 ,misdemeanor conviction ,in the case of such an individual who has been convicted of a misdemeanor1 the notification required under paragraph 7#a7 shall be given on the date on which such individual is sentenced by a court established by an ,act of ,congress4 #ajjg4 ,relation to other laws 7a7 ,state laws relating to voting rights ,nothing in this title 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 title4 7b7 ,certain ,federal ,acts ,the rights and remedies established by this title are in addition to all other rights and remedies provided by law1 and neither rights and remedies established by this title shall supersede1 restrict1 or limit the application of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq47 or the ,national ,voter ,registration ,act 7#eb ,u4,s4,c4 #bjeja74 #ajjh4 ,federal prison funds ,no ,state1 unit of local government1 or other person may receive or use1 to construct or otherwise improve a prison1 jail1 or other place of incarceration1 any ,federal funds unless that ,state1 unit of local government1 or person-- 7#a7 is in compliance with section #ajjd2 and 7#b7 has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the ,united ,states is notified1 upon release from such incarceration1 of that individual's rights under section #ajjd4 #ajji4 ,effective date ,this title shall apply to citizens of the ,united ,states voting in any election for ,federal office held after the date of the enactment of this ,act4 ,,xi ,new ,pathways ,act #aaja4 ,short title ,this title may be cited as the ,new ,pathways ,act4 #aajb4 ,identification for returning citizens ,section #bca7;b7 of the ,second ,chance ,act of #bjjg 7#cd ,u4,s4,c4 #fjeda7;b77 is amended to read as follows3 7b7 ,identification and release assistance for ,federal prisoners 7#a7 ,definitions ,in this subsection-- 7,a7 the term community confinement means residence in a community treatment center1 halfway house1 restitution center1 mental health facility1 alcohol or drug rehabilitation center1 or other community facility2 7,b7 the term direct-release prisoner means a prisoner who is scheduled for release and will not be placed in prerelease custody2 7,c7 the term noncitizen covered individual-- 7i7 means an individual in the custody of the ,bureau of ,prisons or sentenced to a term in community confinement who-- 7,i7 is lawfully present and eligible for employment authorization in the ,united ,states2 and 7,,ii7 has a document demonstrating that the individual will have a place of residence upon release2 and 7ii7 includes an alien lawfully admitted for permanent residence 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 a refugee 7as defined in that section of that ,act71 and an asylee2 and 7,d7 the term ,united ,states citizen covered individual means an individual in the custody of the ,bureau of ,prisons or sentenced to a term in community confinement who has-- 7i7 a social security card2 7ii7 a document described in paragraph 7#b77;,b77ii7 as proof of ,united ,states citizenship2 and 7iii7 a document demonstrating that the individual will have a place of residence upon release4 7#b7 ,obtaining identification for ,united ,states citizens 7,a7 ,in general ,with respect to a ,united ,states citizen covered individual1 the ,director shall provide a photo identification card1 which shall comply with the minimum requirements described in section #bjb7;b7 of the ,,real ,,id ,act of #bjje 7#di ,u4,s4,c4 #cjcja note71 prior to-- 7i7 the release of the ,united ,states citizen covered individual from a term of imprisonment in a ,federal prison2 or 7ii7 the release of the ,united ,states citizen covered individual from a sentence to a term in community confinement4 7,b7 ,assistance in obtaining documents 7i7 ,in general ,subject to clause 7iii71 for the purpose of issuing an identification card under this subsection1 the ,director shall obtain1 on behalf of ,united ,states citizen covered individuals-- 7,i7 a social security card2 and 7,,ii7 a document described in clause 7ii7 as proof of ,united ,states citizenship4 7ii7 ,proof of ,united ,states citizenship ,a document described in this clause is-- 7,i7 a ,united ,states passport2 7,,ii7 an original or certified copy of a birth certificate that indicates that the individual was born in the ,united ,states or a territory of the ,united ,states2 7,,iii7 in the case of a ,united ,states citizen born inside the ,united ,states for whom a document described in subclause 7,i7 or 7,,ii7 is not available1 any document described in subsection 7a71 7b71 or 7c7 of section #dce4djg of title #db1 ,code of ,federal ,regulations1 or any successor thereto2 or 7,,iv7 in the case of a ,united ,states citizen born outside the ,united ,states1 an original or certified copy of-- 7aa7 a certificate of naturalization 7,form ,n-#eej or ,n-#egj72 7bb7 a consular report of birth abroad 7,form ,,fs-#bdj72 7cc7 a certification of birth abroad 7,form ,,fs-#ede72 7dd7 a certification of report of birth 7,form ,,ds-#acej72 or 7ee7 a certificate of citizenship 7,form ,n-#efj74 7iii7 ,exceptions 7,i7 ,lack of response from ,federal or ,state agency ,if the ,director cannot obtain a copy of a document required under clause 7i7 because of inaction by the ,federal or ,state agency from which the document was requested1 the ,director shall provide to the ,united ,states citizen covered individual-- 7aa7 a written statement that explains what steps the ,director took in trying to obtain the document2 and 7bb7 any documents transmitted to the ,director by the ,federal or ,state agency in response to the request for the document4 7,,ii7 ,lack of authorization from ,united ,states citizen covered individual ,if the ,director cannot obtain a copy of a document required under clause 7i7 because the ,united ,states citizen covered individual does not provide the authorization required to obtain the document1 the ,director shall provide a written statement to the ,united ,states citizen covered individual that explains why the document was not obtained4 7,c7 ,provision of documents ,upon issuance of an identification card to a covered individual under this paragraph1 the ,director shall provide all documents obtained for the ,united ,states citizen covered individual under subparagraph 7,b74 7#c7 ,obtaining documents for noncitizens 7,a7 ,in general ,with respect to a noncitizen covered individual1 the ,director shall assist in obtaining from the ,director of the ,u4,s4 ,citizenship and ,immigration ,services-- 7i7 proof of lawful status in the ,united ,states of the noncitizen covered individual2 and 7ii7 in the case of a noncitizen covered individual who is not admitted for lawful permanent residence1 an employment authorization document4 7,b7 ,assistance ,the assistance provided by the ,director under subparagraph 7,a7 shall include-- 7i7 providing the noncitizen covered individual with applicable ,u4,s4 ,citizenship and ,immigration ,services forms and instructions2 and 7ii7 assisting the noncitizen covered individual in completing and submitting such forms1 together with any required supporting documentation4 7,c7 ,provision of documents ,upon receipt of a document for a noncitizen covered individual under this paragraph1 the ,director shall provide such document to the noncitizen covered individual4 7#d7 ,assistance developing release plan ,at the request of a direct-release prisoner1 a representative of the ,united ,states ,probation ,system shall1 prior to the release of that prisoner1 help that prisoner develop a release plan4 4 ,d ,police ,reform ,,xii ,,pride ,act #abja4 ,short title ,this title may be cited as the ,police ,reporting ,information1 ,data1 and ,evidence ,act of #bjai or the ,,pride ,act4 #abjb4 ,definitions ,in this title3 7#a7 ,byrne grant program ,the term ,byrne grant program means any grant program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq471 without regard to whether the funds are characterized as being made available under the ,edward ,byrne ,memorial ,state and ,local ,law ,enforcement ,assistance ,programs1 the ,local ,government ,law ,enforcement ,block ,grants ,program1 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program1 or otherwise4 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#c7 ,law enforcement officer ,the term law enforcement officer means any officer1 agent1 or employee of a ,state1 unit of local government1 or ,indian ,tribe authorized by law or by a government agency to engage in or supervise the prevention1 detection1 or investigation of any violation of criminal law4 7#d7 ,state ,the term ,state has the meaning given the term in section #ija of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbea74 7#e7 ,use of force ,the term use of force includes the use of a firearm1 ,taser1 explosive device1 chemical agent 7such as pepper spray71 baton1 impact projectile1 blunt instrument1 hand1 fist1 foot1 canine1 or vehicle against an individual4 #abjc4 ,use of force reporting 7a7 ,reporting requirements 7#a7 ,in general ,beginning in the first fiscal year beginning after the date of enactment of this ,act and each fiscal year thereafter in which a ,state or ,indian ,tribe receives funds under a ,byrne grant program1 the ,state or ,indian ,tribe shall-- 7,a7 report to the ,attorney ,general1 on a quarterly basis and pursuant to guidelines established by the ,attorney ,general1 information regarding-- 7i7 any incident involving the shooting of a civilian by a law enforcement officer who is employed-- 7,i7 in the case of an ,indian ,tribe1 by the ,indian ,tribe2 or 7,,ii7 in the case of a ,state1 by the ,state or by a unit of local government in the ,state2 7ii7 any incident involving the shooting of a law enforcement officer described in clause 7i7 by a civilian2 and 7iii7 any incident in which use of force by or against a law enforcement officer described in clause 7i7 occurs1 which is not reported under clause 7i7 or 7ii72 7,b7 establish a system and a set of policies to ensure that all use of force incidents are reported by law enforcement officers2 and 7,c7 submit to the ,attorney ,general a plan for the collection of data required to be reported under this section1 including any modifications to a previously submitted data collection plan4 7#b7 ,report information required 7,a7 ,in general ,the report required under paragraph 7#a77;,a7 shall contain information that includes1 at a minimum-- 7i7 the national origin1 sex1 race1 ethnicity1 age1 physical disability1 mental disability1 ,english language proficiency1 housing status1 and school status of each civilian against whom a law enforcement officer used force2 7ii7 the date1 time1 and location1 including zip code1 of the incident and whether the jurisdiction in which the incident occurred allows for the open-carry or concealed-carry of a firearm2 7iii7 whether the civilian was armed1 and1 if so1 the type of weapon the civilian had2 7iv7 the type of force used against the officer1 the civilian1 or both1 including the types of weapons used2 7v7 the reason force was used2 7vi7 a description of any injuries sustained as a result of the incident2 7vii7 the number of officers involved in the incident2 7viii7 the number of civilians involved in the incident2 and 7ix7 a brief description regarding the circumstances surrounding the incident1 which shall include information on-- 7,i7 the type of force used by all involved persons2 7,,ii7 the legitimate police objective necessitating the use of force2 7,,iii7 the resistance encountered by each law enforcement officer involved in the incident2 7,,iv7 the efforts by law enforcement officers to-- 7aa7 de-escalate the situation in order to avoid the use of force2 or 7bb7 minimize the level of force used2 and 7,v7 if applicable1 the reason why efforts described in subclause 7,,iv7 were not attempted4 7,b7 ,incidents reported under ,death in ,custody ,reporting ,act ,a ,state is not required to include in a report under subsection 7a77#a7 an incident reported by the ,state in accordance with section #bjajd7;a77#b7 of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abajd7;a77#b774 7#c7 ,audit of use-of-force reporting ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 each ,state and ,indian ,tribe described in paragraph 7#a7 shall-- 7,a7 conduct an audit of the use of force incident reporting system required to be established under paragraph 7#a77;,b72 and 7,b7 submit a report to the ,attorney ,general on the audit conducted under subparagraph 7,a74 7#d7 ,compliance procedure ,prior to submitting a report under paragraph 7#a77;,a71 the ,state or ,indian ,tribe submitting such report shall compare the information compiled to be reported pursuant to clause 7i7 of paragraph 7#a77;,a7 to open-source data records1 and shall revise such report to include any incident determined to be missing from the report based on such comparison4 ,failure to comply with the procedures described in the previous sentence shall be considered a failure to comply with the requirements of this section4 7b7 ,ineligibility for funds 7#a7 ,in general ,for any fiscal year in which a ,state or ,indian ,tribe fails to comply with this section1 the ,state or ,indian ,tribe1 at the discretion of the ,attorney ,general1 shall be subject to not more than a #aj-percent reduction of the funds that would otherwise be allocated for that fiscal year to the ,state or ,indian ,tribe under a ,byrne grant program4 7#b7 ,reallocation ,amounts not allocated under a ,byrne grant program in accordance with paragraph 7#a7 to a ,state for failure to comply with this section shall be reallocated under the ,byrne grant program to ,states that have not failed to comply with this section4 7c7 ,public availability of data 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall publish1 and make available to the public1 a report containing the data reported to the ,attorney ,general under this section4 7#b7 ,privacy protections ,nothing in this subsection shall be construed to supersede the requirements or limitations under section #eeb;a of title #e1 ,united ,states ,code 7commonly known as the ,privacy ,act of #aigd74 7d7 ,guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general1 in coordination with the ,director of the ,federal ,bureau of ,investigation1 shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection 7a77#b71 which shall include standard and consistent definitions for terms1 including the term use of force which is consistent with the definition of such term in section #abjb4 #abjd4 ,community and law enforcement partnership grant program 7a7 ,grants authorized ,the ,attorney ,general may make grants to eligible law enforcement agencies to be used for the activities described in subsection 7c74 7b7 ,eligibility ,in order to be eligible to receive a grant under this section a law enforcement agency shall-- 7#a7 be located in a ,state or ,indian ,tribe that receives funds under a ,byrne grant program2 7#b7 employ not more that #ajj law enforcement officers2 7#c7 demonstrate that the use of force policy for law enforcement officers employed by the law enforcement agency is publicly available2 and 7#d7 establish and maintain a reporting system that may be used by members of the public to report incidents of use of force to the law enforcement agency4 7c7 ,activities described ,a grant made under this section may be used by a law enforcement agency for-- 7#a7 the cost of assisting the ,state or ,indian ,tribe in which the law enforcement agency is located in complying with the reporting requirements described in section #abjc2 7#b7 the cost of establishing necessary systems required to investigate and report incidents as required under subsection 7b77#d72 7#c7 public awareness campaigns designed to gain information from the public on use of force by or against law enforcement officers1 including shootings1 which may include tip lines1 hotlines1 and public service announcements2 and 7#d7 use of force training for law enforcement agencies and personnel1 including training on de-escalation1 implicit bias1 crisis intervention techniques1 and adolescent development4 #abje4 ,compliance with reporting requirements 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,attorney ,general shall conduct an audit and review of the information provided under this title to determine whether each ,state or ,indian ,tribe described in section #ijc7;a77#a7 is in compliance with the requirements of this title4 7b7 ,consistency in data reporting 7#a7 ,in general ,any data reported under this title shall be collected and reported in a manner consistent with existing programs of the ,department of ,justice that collect data on law enforcement officer encounters with civilians4 7#b7 ,guidelines ,the ,attorney ,general shall-- 7,a7 issue guidelines on the reporting requirement under section #abjc2 and 7,b7 seek public comment before finalizing the guidelines required under subparagraph 7,a74 #abjf4 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as are necessary to carry out this title4 ,,xiii ,end ,racial and ,religious ,profiling ,act #acja4 ,short title ,this title may be cited as the ,end ,racial and ,religious ,profiling ,act of #bjai or ,,errpa4 #acjb4 ,definitions ,in this title3 7#a7 ,covered program ,the term covered program means any program or activity funded in whole or in part with funds made available under-- 7,a7 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program under part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq472 and 7,b7 the ,cops on the ,beat program under part ,q of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha et seq471 except that no program1 project1 or other activity specified in section #agja7;b77#ac7 of such part shall be a covered program under this paragraph4 7#b7 ,governmental body ,the term governmental body means any department1 agency1 special purpose district1 or other instrumentality of ,federal1 ,state1 local1 or ,indian ,tribal government4 7#c7 ,hit rate ,the term hit rate means the percentage of stops and searches in which a law enforcement officer finds drugs1 a gun1 or something else that leads to an arrest4 ,the hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband4 ,the hit rate is complementary to the rate of false stops4 7#d7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj74 7#e7 ,law enforcement agency ,the term law enforcement agency means any ,federal1 ,state1 local1 or ,indian ,tribal public agency engaged in the prevention1 detection1 or investigation of violations of criminal1 immigration1 or customs laws4 7#f7 ,law enforcement agent ,the term law enforcement agent means any ,federal1 ,state1 local1 or ,indian ,tribal official responsible for enforcing criminal1 immigration1 or customs laws1 including police officers and other agents of a law enforcement agency4 7#g7 ,racial profiling ,the term racial profiling means the practice of a law enforcement agent or agency relying1 to any degree1 on actual or perceived race1 ethnicity1 national origin1 religion1 gender1 gender identity1 or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure1 except when there is trustworthy information1 relevant to the locality and timeframe1 that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme4 7#h7 ,routine or spontaneous investigatory activities ,the term routine or spontaneous investigatory activities means the following activities by a law enforcement agent3 7,a7 ,interviews4 7,b7 ,traffic stops4 7,c7 ,pedestrian stops4 7,d7 ,frisks and other types of body searches4 7,e7 ,consensual or nonconsensual searches of the persons1 property1 or possessions 7including vehicles7 of individuals using any form of public or private transportation1 including motorists and pedestrians4 7,f7 ,data collection and analysis1 assessments1 and predicated investigations4 7,g7 ,inspections and interviews of entrants into the ,united ,states that are more extensive than those customarily carried out4 7,h7 ,immigration-related workplace investigations4 7,i7 ,such other types of law enforcement encounters compiled for or by the ,federal ,bureau of ,investigation or the ,department of ,justice ,bureau of ,justice ,statistics4 7#i7 ,reasonable request ,the term reasonable request means all requests for information1 except for those that-- 7,a7 are immaterial to the investigation2 7,b7 would result in the unnecessary disclosure of personal information2 or 7,c7 would place a severe burden on the resources of the law enforcement agency given its size4 7#aj7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any other territory or possession of the ,united ,states4 7#aa7 ,unit of local government ,the term unit of local government means-- 7,a7 any city1 county1 township1 town1 borough1 parish1 village1 or other general purpose political subdivision of a ,state2 7,b7 any law enforcement district or judicial enforcement district that-- 7i7 is established under applicable ,state law2 and 7ii7 has the authority to1 in a manner independent of other ,state entities1 establish a budget and impose taxes2 or 7,c7 any ,indian ,tribe that performs law enforcement functions1 as determined by the ,secretary of the ,interior4 ,a ,prohibition of ,racial ,profiling #acaa4 ,prohibition ,no law enforcement agent or law enforcement agency shall engage in racial profiling4 #acab4 ,enforcement 7a7 ,remedy ,the ,united ,states1 or an individual injured by racial profiling1 may enforce this subtitle in a civil action for declaratory or injunctive relief1 filed either in a ,state court of general jurisdiction or in a district court of the ,united ,states4 7b7 ,parties ,in any action brought under this subtitle1 relief may be obtained against-- 7#a7 any governmental body that employed any law enforcement agent who engaged in racial profiling2 7#b7 any agent of such body who engaged in racial profiling2 and 7#c7 any person with supervisory authority over such agent4 7c7 ,nature of proof ,proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in section #acjb7g7 shall constitute prima facie evidence of a violation of this subtitle4 7d7 ,attorney's fees ,in any action or proceeding to enforce this subtitle against any governmental body1 the court may allow a prevailing plaintiff1 other than the ,united ,states1 reasonable attorney's fees as part of the costs1 and may include expert fees as part of the attorney's fee4 ,b ,programs ,to ,eliminate ,racial ,profiling ,by ,federal ,law ,enforcement ,agencies #acba4 ,policies to eliminate racial profiling 7a7 ,in general ,federal law enforcement agencies shall-- 7#a7 maintain adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 cease existing practices that permit racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of ,federal law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #acda2 7#d7 procedures for receiving1 investigating1 and responding meaningfully to complaints alleging racial profiling by law enforcement agents2 and 7#e7 any other policies and procedures the ,attorney ,general determines to be necessary to eliminate racial profiling by ,federal law enforcement agencies4 ,c ,programs ,to ,eliminate ,racial ,profiling ,by ,state1 ,local1 and ,indian ,tribal ,law ,enforcement ,agencies #acca4 ,policies required for grants 7a7 ,in general ,an application by a ,state1 a unit of local government1 or a ,state1 local1 or ,indian ,tribal law enforcement agency for funding under a covered program shall include a certification that such ,state1 unit of local government1 or law enforcement agency1 and any law enforcement agency to which it will distribute funds-- 7#a7 maintains adequate policies and procedures designed to eliminate racial profiling2 and 7#b7 has eliminated any existing practices that permit or encourage racial profiling4 7b7 ,policies ,the policies and procedures described in subsection 7a77#a7 shall include-- 7#a7 a prohibition on racial profiling2 7#b7 training on racial profiling issues as part of law enforcement training2 7#c7 the collection of data in accordance with the regulations issued by the ,attorney ,general under section #acda2 and 7#d7 participation in an administrative complaint procedure or independent audit program that meets the requirements of section #accb4 7c7 ,effective date ,this section shall take effect #ab months after the date of enactment of this ,act4 #accb4 ,involvement of ,attorney ,general 7a7 ,regulations 7#a7 ,in general ,not later than #f months after the date of enactment of this ,act and in consultation with stakeholders1 including ,federal1 ,state1 ,tribal1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 the ,attorney ,general shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such programs and procedures provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies4 7#b7 ,guidelines ,the regulations issued under paragraph 7#a7 shall contain guidelines that ensure the fairness1 effectiveness1 and independence of the administrative complaint procedures and independent auditor programs4 7b7 ,noncompliance ,if the ,attorney ,general determines that the recipient of a grant from any covered program is not in compliance with the requirements of section #acca or the regulations issued under subsection 7a71 the ,attorney ,general shall withhold1 in whole or in part 7at the discretion of the ,attorney ,general71 funds for one or more grants to the recipient under the covered program1 until the recipient establishes compliance4 7c7 ,private parties ,the ,attorney ,general shall provide notice and an opportunity for private parties to present evidence to the ,attorney ,general that a recipient of a grant from any covered program is not in compliance with the requirements of this subtitle4 #accc4 ,data collection demonstration project 7a7 ,competitive awards 7#a7 ,in general ,the ,attorney ,general may1 through competitive grants or contracts1 carry out a #b-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies4 ,the data collected shall be disaggregated by race1 ethnicity1 national origin1 gender1 and religion4 7#b7 ,number of grants ,the ,attorney ,general shall provide not more than #e grants or contracts under this section4 7#c7 ,eligible grantees ,grants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily4 7b7 ,required activities ,activities carried out with a grant under this section shall include-- 7#a7 developing a data collection tool and reporting the compiled data to the ,attorney ,general2 and 7#b7 training of law enforcement personnel on data collection1 particularly for data collection on hit rates for stops and searches4 7c7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 the ,attorney ,general shall enter into a contract with an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 to analyze the data collected by each of the grantees funded under this section4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out activities under this section-- 7#a7 #e1jjj1jjj1 over a #b-year period1 to carry out the demonstration program under subsection 7a72 and 7#b7 #ejj1jjj to carry out the evaluation under subsection 7c74 #accd4 ,best practices development grants 7a7 ,grant authorization ,the ,attorney ,general1 through the ,bureau of ,justice ,assistance1 may make grants to ,states1 local law enforcement agencies1 and units of local government to develop and implement best practice devices and systems to eliminate racial profiling4 7b7 ,use of funds ,the funds provided under subsection 7a7 shall be used for programs that include the following purposes3 7#a7 ,the development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public4 7#b7 ,the acquisition and use of technology to facilitate the accurate collection and analysis of data4 7#c7 ,the development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in1 or at risk of engaging in1 racial profiling or other misconduct4 7#d7 ,the establishment and maintenance of an administrative complaint procedure or independent auditor program4 7c7 ,equitable distribution ,the ,attorney ,general shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies4 7d7 ,application ,each ,state1 local law enforcement agency1 or unit of local government desiring a grant under this section shall submit an application to the ,attorney ,general at such time1 in such manner1 and accompanied by such information as the ,attorney ,general may reasonably require4 #acce4 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this subtitle4 ,d ,data ,collection #acda4 ,attorney ,general to issue regulations 7a7 ,regulations ,not later than #f months after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with stakeholders1 including ,federal1 ,state1 and local law enforcement agencies and community1 professional1 research1 and civil rights organizations1 shall issue regulations for the collection and compilation of data under sections #acba and #acca4 7b7 ,requirements ,the regulations issued under subsection 7a7 shall-- 7#a7 provide for the collection of data on all routine or spontaneous investigatory activities2 7#b7 provide that the data collected shall-- 7,a7 be collected by race1 ethnicity1 national origin1 gender1 and religion1 as perceived by the law enforcement officer2 7,b7 include the date1 time1 and location of such investigatory activities2 7,c7 include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling2 and 7,d7 not include personally identifiable information2 7#c7 provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the ,department of ,justice2 7#d7 provide that law enforcement agencies shall compile data on the standardized form made available under paragraph 7#c71 and submit the form to the ,civil ,rights ,division and the ,department of ,justice ,bureau of ,justice ,statistics2 7#e7 provide that law enforcement agencies shall maintain all data collected under this title for not less than #d years2 7#f7 include guidelines for setting comparative benchmarks1 consistent with best practices1 against which collected data shall be measured2 7#g7 provide that the ,department of ,justice ,bureau of ,justice ,statistics shall-- 7,a7 analyze the data for any statistically significant disparities1 including-- 7i7 disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood2 7ii7 disparities in the hit rate2 and 7iii7 disparities in the frequency of searches performed on racial or ethnic minority drivers and the frequency of searches performed on nonminority drivers2 and 7,b7 not later than #c years after the date of enactment of this ,act1 and annually thereafter-- 7i7 prepare a report regarding the findings of the analysis conducted under subparagraph 7,a72 7ii7 provide such report to ,congress2 and 7iii7 make such report available to the public1 including on a website of the ,department of ,justice2 and 7#h7 protect the privacy of individuals whose data is collected by-- 7,a7 limiting the use of the data collected under this title to the purposes set forth in this title2 7,b7 except as otherwise provided in this title1 limiting access to the data collected under this title to those ,federal1 ,state1 local1 or ,tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this title2 7,c7 requiring contractors or other nongovernmental agents who are permitted access to the data collected under this title to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph 7,a72 and 7,d7 requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this title4 #acdb4 ,publication of data ,the ,department of ,justice ,bureau of ,justice ,statistics shall provide to ,congress and make available to the public1 together with each annual report described in section #acda1 the data collected pursuant to this title1 excluding any personally identifiable information described in section #acdc4 #acdc4 ,limitations on publication of data ,the name or identifying information of a law enforcement officer1 complainant1 or any other individual involved in any activity for which data is collected and compiled under this title shall not be-- 7#a7 released to the public2 7#b7 disclosed to any person1 except for-- 7,a7 such disclosures as are necessary to comply with this title2 7,b7 disclosures of information regarding a particular person to that person2 or 7,c7 disclosures pursuant to litigation2 or 7#c7 subject to disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 except for disclosures of information regarding a particular person to that person4 ,e ,department of ,justice ,regulations and ,reports on ,racial ,profiling in the ,united ,states #acea4 ,attorney ,general to issue regulations and reports 7a7 ,regulations ,in addition to the regulations required under sections #accc and #acda1 the ,attorney ,general shall issue such other regulations as the ,attorney ,general determines are necessary to implement this title4 7b7 ,reports 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,attorney ,general shall submit to ,congress a report on racial profiling by law enforcement agencies4 7#b7 ,scope ,each report submitted under paragraph 7#a7 shall include-- 7,a7 a summary of data collected under sections #acba7;b77#c7 and #acca7;b77#c7 and from any other reliable source of information regarding racial profiling in the ,united ,states2 7,b7 a discussion of the findings in the most recent report prepared by the ,department of ,justice ,bureau of ,justice ,statistics under section #acda7;b77#g72 7,c7 the status of the adoption and implementation of policies and procedures by ,federal law enforcement agencies under section #acba and by the ,state and local law enforcement agencies under sections #acca and #accb2 and 7,d7 a description of any other policies and procedures that the ,attorney ,general believes would facilitate the elimination of racial profiling4 ,f ,miscellaneous ,provisions #acfa4 ,severability ,if any provision of this title1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this title and the application of the remaining provisions of this title to any person or circumstance shall not be affected thereby4 #acfb4 ,savings clause ,nothing in this title shall be construed-- 7#a7 to limit legal or administrative remedies under section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc71 section #bajdja of the ,violent ,crime ,control and ,law ,enforcement ,act of #aiid 7#cd ,u4,s4,c4 #abfja71 title ,i of the the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq471 or title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 7#b7 to affect any ,federal1 ,state1 or ,tribal law that applies to an ,indian ,tribe because of the political status of the tribe2 or 7#c7 to waive the sovereign immunity of an ,indian ,tribe without the consent of the tribe4