[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4020 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4020
To reform United States drug policy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 17, 2021
Mrs. Watson Coleman (for herself, Ms. Bush, Ms. Moore of Wisconsin, Mr.
Thompson of Mississippi, Ms. Pressley, Ms. Ocasio-Cortez, Mr.
Espaillat, Ms. Lee of California, Ms. Omar, Mr. Bowman, and Ms. Tlaib)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Energy and
Commerce, Oversight and Reform, Financial Services, Transportation and
Infrastructure, House Administration, Armed Services, and the Budget,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To reform United States drug policy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Policy Reform Act of 2021'' or
as the ``DPR Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For most of the past century the United States has
adopted increasingly punitive policies toward the possession,
use, and distribution of drugs. Particularly in the last 50
years, the United States has built a massive regime to enforce
those policies.
(2) Congress and State legislatures have adopted
increasingly harsh sentencing schemes such as mandatory
minimums, established far-reaching and oppressive civil
sanctions and collateral consequences, approved policies
weakening the Fourth Amendment for drug searches and seizures,
and fostered incentives for aggressive and militarized policing
in the alleged pursuit of drugs.
(3) Every year, there are more than 1.4 million arrests in
the United States for drug-related offenses. In over 85 percent
of those arrests, drug possession was the most serious offense.
Drug arrests disproportionately impact people of color and more
commonly occur in historically overpoliced, low-income
communities. A criminal record, even for an arrest that did not
result in a conviction, has a profound impact on individuals,
often interrupting employment, housing, family relationships,
child custody, and education.
(4) A health-based approach to drug use and overdose is
more effective, humane and cost-effective than criminal
punishments. Subjecting people to criminal penalties, stigma,
and other lasting collateral consequences because they use
drugs is expensive, ruins lives, and can make access to
treatment and recovery more difficult.
(5) Despite high numbers of arrests and incarceration in
the United States for drug possession, the number and rate of
drug-involved overdose deaths has skyrocketed for over 20 years
and continues at epidemic levels. In 2019, 70,630 people died
by drug overdose in the United States.
(6) Harm reduction services and voluntary, on-demand access
to evidence-based substance use disorder treatment have proven
highly effective in reducing overdose and the spread of
communicable diseases like HIV and Hepatitis C, preventing
drug-related injury, and improving health outcomes for people
who use drugs. These services should be available on demand to
anyone who requests it.
(7) Far too many people who desire treatment face
challenges that prevent them from accessing the services they
want, including cost barriers, lack of providers, and long
wait-lists. On-demand access to evidence-based treatment saves
lives, reduces crime, and saves money. Barriers to treatment
should be removed or minimized.
(8) Criminalizing drug use and possession reduces the
amount of resources available for harm reduction and treatment
services and deters people from accessing available services
due to fear of arrest.
(9) Punitive policies have achieved no reduction in
supplies or prices, but instead have created unnecessarily
risky and harmful conditions for people who use drugs.
(10) Punitive policies have led to militarized tactics that
thwart the spirit of the constitution and have led to the
deaths of countless Black and Brown people. Additionally, the
drug war apparatus has cost the Federal Government hundreds of
billions of dollars in direct enforcement and incarceration
costs, and collateral impacts on the lives of those caught in
its path.
(11) While drug decriminalization cannot fully repair our
broken and oppressive criminal legal system or the harms of an
unregulated drug market, shifting from absolute prohibition to
drug decriminalization helps restore individual liberty,
protect against some police abuses, better assist those in
need, and save tax dollars.
(12) This concept is neither new nor radical. Other
nations, including Portugal, have successfully decriminalized
personal use quantities of drugs and achieved meaningful
improvements in treating problematic drug use and reducing the
harms of policing drugs.
(13) In June 2021, the United States will mark the 50th
anniversary of Congress' enactment of the Controlled Substances
Act (21 U.S.C. 801 et seq.), which authorized and launched the
harsh drug war policies sought by the Nixon Administration. In
this moment, Congress must recognize the failed experiment in
prohibition and move the country in a new direction.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the United States should--
(1) refocus its strategies for addressing substance use
disorder and dangerous drug use from strategies focused on
controlling and punishing unauthorized drug possession to a
system that is health focused, evidence-based, and respectful
of self-determination;
(2) invest in harm-reduction services and substance use
disorder treatment to help prevent overdose and other health
risks, and strengthen connections to services that provide
foundational social and economic support; and
(3) pursue international treaties that expand flexibility
for signatories to enact non-punitive strategies to address the
health and safety of people who use drugs, including the
decriminalization of the possession, purchase, or cultivation
of personal use quantities of drugs.
SEC. 4. SHIFT REGULATORY AUTHORITY.
(a) Authority and Criteria for Classification of Substances.--
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended
by striking ``Attorney General'' and inserting ``Secretary of Health
and Human Services'' each place it appears.
(b) Removal of Exemption of Certain Drugs.--Section 204 of the
Controlled Substances Act (21 U.S.C. 814) is amended by striking
``Attorney General'' and inserting ``Secretary of Health and Human
Services'' each place it appears.
(c) Transfer Plan.--
(1) Report to congress.--Not later than 180 days after the
date of the enactment of this Act, the Attorney General and the
Secretary of Health and Human Services shall jointly develop
and submit to the Congress a plan for transferring information
necessary to effect the transfer of classification
responsibility required under this section.
(2) Report to general services administration.--Not later
than 180 days after the date of the enactment of this Act, the
Attorney General shall transmit to the Administrator of the
General Services Administration a report that specifies the
property that is specific to the functions to be transferred to
the Secretary of Health and Human Services pursuant to this
section.
SEC. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL USE POSSESSION.
(a) In General.--Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended by adding at the end the following new
subsection:
``(b) Personal Use Exception.--(1) A person possessing or using a
controlled substance in an amount no greater than the benchmark amount
(determined by the Commission on Substance Use, Health, and Safety
established by the Drug Policy Reform Act of 2021) shall not be subject
to a criminal or civil penalty under this section.
``(2) The suspected possession or use of a controlled substance in
an amount no greater than the benchmark amount (determined by the
Commission on Substance Use, Health, and Safety established by the Drug
Policy Reform Act of 2021) shall not constitute a basis for detaining,
searching, arresting, questioning or surveilling any person, or seizing
property including, controlled substances and any items used for the
ingestion, consumption, preparation, packaging, or storage of a
controlled substance.
``(3) The suspected possession or use of a controlled substance in
an amount no greater than the benchmark amount shall not constitute a
basis for any referral to any immigration enforcement agency, U.S.
Citizenship and Immigration Services, U.S. Immigration and Customs
Enforcement, and U.S. Customs and Border Protection.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 180 days after the date of the
enactment of this Act.
(c) Repeal.--Section 405 of the Controlled Substances Act (21
U.S.C. 844a) is repealed.
SEC. 6. COMMISSION ON SUBSTANCE USE, HEALTH, AND SAFETY.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish a ``Commission on Substance Use, Health, and Safety''
(hereinafter known as the ``Commission'').
(b) Purpose.--
(1) Benchmarks.--
(A) In general.--The Commission under paragraph (1)
shall determine a benchmark amount for a controlled
substance. The Commission shall consist of people with
current or past substance use needs and qualified
persons in the fields of general and behavioral
healthcare, harm reduction, and substance use disorder
treatment. Priority shall be given to people who have
lived experience with substance use needs the quantity
of drug commonly possessed by an individual benchmark
personal use supply, for controlled substances.
(B) Duties.--The Commission shall consider the
following in developing the benchmarks under
subparagraph (A)--
(i) common patterns of use by typical
consumers of the drug;
(ii) differences in commonly possessed
quantities resulting from factors relating to
geography, income, employment, and other
related demographic characteristics; and
(iii) differences in commonly possessed
quantities resulting from varying modes of use.
(2) Reduced criminalization.--Benchmarks advised by the
Commission under subparagraph (A) shall be developed consistent
with the intent of this Act to reduce criminalization of
personal drug use.
(c) Membership.--The Commission under subsection (a) shall be
composed of at least 18 members and shall include:
(1) Voting members.--
(A) Four individuals who have either used
controlled substances or are using controlled
substances on the date of the enactment of this Act.
(B) Two members of communities that have been
disproportionately impacted by arrests, prosecution or
sentencing for drug offenses.
(C) One peer support specialist.
(D) A harm reduction service provider.
(E) A person specializing in housing services for
people with substance use needs or mental health needs.
(F) A physician specializing in addiction medicine
and with expertise in the treatment of opioid use
disorders with methadone or buprenorphine.
(G) A provider of evidence-based substance use
disorder treatment.
(H) A provider of evidence-based services for
people with co-occurring mental health and substance
use needs.
(I) A licensed clinical social worker with
expertise in providing intensive case management to
people with substance use needs.
(J) A person who works for a nonprofit organization
that advocates for persons with substance use needs.
(K) An expert on legal reform who is not a law
enforcement officer.
(L) An academic researcher specializing in drug use
or drug policy.
(M) A person who represents the needs of and
concerns of Indigenous communities.
(2) Non-voting member.--A designee of a State Health Agency
shall serve on the Commission as a non-voting member.
(d) Terms.--A member of the Commission shall serve for a term of
three years and may be reappointed by the Secretary for additional
terms thereafter.
(e) Meetings.--Not later than 180 days after the date of the
enactment of this Act, and at minimum four times per calendar year
thereafter, the Commission shall convene to establish and review the
benchmarks established under paragraph (2) and make any necessary
amendments or further guidance with respect to the responsibilities of
the Commission.
(f) Reporting.--
(1) Personal use guidelines.--Not later than 18 months
after the date of the enactment of this Act, the Secretary
shall publish online on the internet website of the Department
of Health and Human Services a report on personal use
guidelines, including--
(A) guidelines for the benchmark personal use
supply for each drug; and
(B) recommendations for preventing the prosecution
of individuals possessing, distributing, or dispensing
personal use quantities of each drug for purposes of
subsistence distribution.
(2) Report to department of justice.--Not later than one
year after the date of the enactment of this Act, the report on
personal use guidelines published under paragraph (1) shall be
transmitted to the Attorney General.
(3) Report to congress.--Not later than one year after the
date of the enactment of this Act the report on personal use
guidelines published under paragraph (1) shall be transmitted
to the Attorney General.
(4) Report to the federal courts.--Not later than one year
after the date of the enactment of this Act, the report on
personal use guidelines published under paragraph (1) shall be
transmitted to each Federal district court.
(5) Report to the chief law enforcement officer of each
state.--Not later than one year after the date of the enactment
of this Act, the report on personal use guidelines published
under paragraph (1) shall be transmitted to each chief law
enforcement officer of each State.
(g) Definitions.--In this subsection:
(1) Benchmark personal use supply.--The term ``benchmark
personal use supply'' means the amount of a drug commonly
possessed for consumption by an individual for any therapeutic,
medicinal, recreational purpose.
(2) Controlled substance.--The term ``controlled
substance'' shall have the same meaning given such term in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(3) Subsistence distribution.--The term ``subsistence
distribution'' means the unlawful distribution or dispensing of
a drug by a person in quantities consistent with supporting
that person's drug addiction or ensuring basic food and shelter
necessary to support life, and possession of no more than a
benchmark personal use supply.
(4) Harm reduction services.--The term ``harm reduction
services'' means services and policies that lessen the adverse
consequences of drug use and protect public health, including
but not limited to overdose prevention education, access to
naloxone hydrochloride and sterile syringes, and stimulant-
specific drug education and outreach.
SEC. 7. EXPUNGEMENT AND SEALING OF RECORDS.
(a) Automatic Sealing Certain Records.--Not later than one year
after the date of the enactment of this Act, each Federal district
court shall conduct a comprehensive review to identify individuals
eligible to have a record of conviction or adjudication of juvenile
delinquency that may be sealed pursuant to this Act and shall issue an
order expunging each conviction or adjudication for a Federal offense
entered by each Federal court in the district for a conviction of
possession of a controlled substance in an amount equal to or less than
the benchmark amount established under this Act.
(b) Arrests.--The Federal court shall issue an order expunging any
arrest by a Federal law enforcement agency with respect to an expunged
conviction or adjudication of juvenile delinquency under subsection
(a).
(c) Effect of Expungement.--An individual who has had an arrest,
conviction, or adjudication of juvenile delinquency expunged under this
section--
(1) may treat the arrest, conviction, or adjudication as if
it never occurred; and
(2) shall be immune from any civil or criminal penalties
related to perjury, false swearing, or false statements, for a
failure to disclose such arrest, conviction, or adjudication.
(d) Notification.--To the extent practicable, each Federal district
court shall notify each individual whose arrest, conviction, or
adjudication of juvenile delinquency has been expunged under this
section and the effect of such expungement.
(e) Right To Petition for Sealing.--After the date of the enactment
of this Act, an individual with a conviction or adjudication of
juvenile delinquency for an eligible offense not sealed pursuant to
subsection (a) may file a motion for expungement. If the expungement of
such a conviction or adjudication of juvenile delinquency is required
pursuant to this Act, the court shall expunge the conviction or
adjudication, and any associated arrests. If the individual is
indigent, counsel shall be appointed to represent the individual in any
proceedings under this subsection.
(f) Fees Prohibited.--No fee shall be imposed for filing a petition
or any proceeding provided for under this section.
(g) Expunge Defined.--In this subsection, the term ``expunge''
means, with respect to an arrest, a conviction, or adjudication of
juvenile delinquency, the removal of the record of such arrest,
conviction, or adjudication from each official index and public record.
SEC. 8. RELIEF FOR INDIVIDUALS INCARCERATED OR ON SUPERVISION FOR
CERTAIN DRUG CONVICTIONS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, an individual under a criminal justice sentence
for an eligible offense, the court that imposed the sentence shall
conduct a sentencing review hearing.
(b) Results of a Sentencing Hearing.--Following a sentencing review
hearing under subsection (a), a court shall:
(1) Vacate the existing sentence or disposition of juvenile
delinquency for any eligible offense.
(2) Order that all records related to a conviction or
adjudication of juvenile delinquency that has been vacated be
sealed and only be made available by further order of the
court.
(c) Indigent Representation.--If the individual is indigent,
counsel shall be appointed to represent the individual in any
sentencing review proceedings under this section.
SEC. 9. ELIMINATING COLLATERAL CONSEQUENCES OF DRUG POSSESSION
CONVICTIONS.
(a) Drug Testing for Federal Benefits.--No person shall be denied
access to or prohibited from receiving any Federal benefit, program, or
supportive service otherwise available on the basis of having been
previously convicted of or having a pending criminal case involving the
possession of a controlled substance.
(b) Food Benefits and Family Assistance.--Section 421a of the
Controlled Substances Act (21 U.S.C. 862a) is repealed.
(c) Prohibiting Denial of Housing Assistance.--
(1) In general.--Notwithstanding any other provision of
law, an applicant shall be denied assistance, evicted, or
considered ineligible for housing assistance under title 8 of
the Civil Rights Act of 1968 by reason of possession of a
controlled substance.
(2) Repeal.--Section 6(t) of the United States Housing Act
of 1937 (42 U.S.C. 1437d(t)) is repealed.
(d) Other Federal Benefits.--Section 421(b) of the Controlled
Substances Act (21 U.S.C. 862(b)) is repealed.
(e) Eliminate Immigration and Removal Consequences.--Section
101(a)(43) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)) is amended by striking paragraph (43) and inserting the
following new paragraph:
``(43) Aggravated felony.--The term `aggravated felony'
means--
``(A) murder, rape, or sexual abuse of a minor;
``(B) illicit trafficking in a controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)), including a drug trafficking
crime (as defined in section 924(c) of title 18).
```except that no applicant shall be denied assistance,
evicted, or deemed ineligible under this title by reason of
conviction for possessing a controlled substance for personal
use.'.''.
(f) Drivers' Licenses of Individuals Convicted of Drug Offenses.--
Section 159 of title 23, United States Code, is repealed.
SEC. 10. PROTECT VOTING RIGHTS.
(a) Findings.--Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections, an
authority which has repeatedly been upheld by the Supreme
Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections:
(A) The lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives.
(B) Laws governing the restoration of voting rights
after a criminal conviction vary throughout the
country, and persons in some States can easily regain
their voting rights while in other States persons
effectively lose their right to vote permanently.
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) Two States (Maine and Vermont), the District of
Columbia, and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all,
but 48 States have laws that deny convicted individuals the
right to vote while they are in prison.
(6) In some States disenfranchisement results from varying
State laws that restrict voting while individuals are under the
supervision of the criminal justice system or after they have
completed a criminal sentence. In 30 States, convicted
individuals may not vote while they are on parole and 27 States
disenfranchise individuals on felony probation as well. In 11
States, a conviction can result in lifetime disenfranchisement.
(7) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(8) An estimated 5,200,000 citizens of the United States,
or about 1 in 44 adults in the United States, currently cannot
vote as a result of a felony conviction. Of the 5,200,000
citizens barred from voting, only 24 percent are in prison. By
contrast, 75 percent of the disenfranchised reside in their
communities while on probation or parole or after having
completed their sentences. Approximately 2,200,000 citizens who
have completed their sentences remain disenfranchised due to
restrictive State laws. In at least 6 States--Alabama, Florida,
Kentucky, Mississippi, Tennessee, and Virginia--more than 5
percent of the total voting-age population is disenfranchised.
(9) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
must either obtain a pardon or an order from the Governor or an
action by the parole or pardon board, depending on the offense
and State. Individuals convicted of a Federal offense often
have additional barriers to regaining voting rights.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. More than 6 percent of the
African-American voting-age population, or 1,800,000 African
Americans, are disenfranchised. Currently, 1 of every 16
voting-age African Americans are rendered unable to vote
because of felony disenfranchisement, which is a rate more than
3.7 times greater than non-African Americans. Over 6 percent of
African-American adults are disenfranchised whereas only 1.7
percent of non-African Americans are. In 7 States (Alabama, 16
percent; Florida, 15 percent; Kentucky, 15 percent;
Mississippi, 16 percent; Tennessee, 21 percent; Virginia, 16
percent; and Wyoming, 36 percent), more than 1 in 7 African
Americans are unable to vote because of prior convictions,
twice the national average for African Americans.
(11) Latino citizens are disproportionately disenfranchised
based upon their disproportionate representation in the
criminal justice system. In recent years, Latinos have been
imprisoned at 2.5 times the rate of Whites. More than 2 percent
of the voting-age Latino population, or 560,000 Latinos, are
disenfranchised due to a felony conviction. In 34 states
Latinos are disenfranchised at a higher rate than the general
population. In 11 states 4 percent or more of Latino adults are
disenfranchised due to a felony conviction (Alabama, 4 percent;
Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent;
Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent;
Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11
percent, Wyoming, 4 percent), twice the national average for
Latinos.
(12) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society.
(13) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(14) The United States is the only Western democracy that
permits the permanent denial of voting rights for individuals
with felony convictions.
(b) Rights of Citizens.--The right of an individual who is a
citizen of the United States to vote in any election for Federal office
shall not be denied or abridged because that individual has been
convicted of a criminal offense.
(c) Enforcement.--
(1) Attorney general.--The Attorney General may, in a civil
action, obtain such declaratory or injunctive relief as is
necessary to remedy a violation of this section.
(2) Private right of action.--
(A) In general.--A person who is aggrieved by a
violation of this subsection may provide written notice
of the violation to the chief election official of the
State involved.
(B) Relief.--Except as provided in clause (iii), if
the violation is not corrected within 90 days after
receipt of a notice under clause (i), or within 20 days
after receipt of the notice if the violation occurred
within 120 days before the date of an election for
Federal office, the aggrieved person may, in a civil
action, obtain declaratory or injunctive relief with
respect to the violation.
(C) Exception.--If the violation occurred within 30
days before the date of an election for Federal office,
the aggrieved person need not provide notice to the
chief election official of the State under clause (i)
before bringing a civil action to obtain declaratory or
injunctive relief with respect to the violation.
(d) Notification of Restoration of Voting Rights.--
(1) State notification.--
(A) Notification.--On the date determined under
clause (ii), each State shall notify in writing any
individual who has been convicted of a criminal offense
under the law of that State that such individual has
the right to vote in an election for Federal office
pursuant to the Democracy Restoration Act of 2021 and
may register to vote in any such election and provide
such individual with any materials that are necessary
to register to vote in any such election.
(B) Date of notification.--
(i) Felony conviction.--In the case of such
an individual who has been convicted of a
felony, the notification required under clause
(i) shall be given on the date on which the
individual--
(I) is sentenced to serve only a
term of probation; or
(II) is released from the custody
of that State (other than to the
custody of another State or the Federal
Government to serve a term of
imprisonment for a felony conviction).
(C) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under clause (ii) shall be given
on the date on which such individual is sentenced by a
State court.
(2) Federal notification.--
(A) Notification.--Any individual who has been
convicted of a criminal offense under Federal law shall
be notified in accordance with clause (ii) that such
individual has the right to vote in an election for
Federal office pursuant to the Democracy Restoration
Act of 2021 and may register to vote in any such
election and provide such individual with any materials
that are necessary to register to vote in any such
election.
(B) Date of notification.--
(i) Felony conviction.--In the case of such
an individual who has been convicted of a
felony, the notification required under clause
(i) shall be given--
(I) in the case of an individual
who is sentenced to serve only a term
of probation, by the Assistant Director
for the Office of Probation and
Pretrial Services of the Administrative
Office of the United States Courts on
the date on which the individual is
sentenced; or
(II) in the case of any individual
committed to the custody of the Bureau
of Prisons, by the Director of the
Bureau of Prisons, during the period
beginning on the date that is 6 months
before such individual is released and
ending on the date such individual is
released from the custody of the Bureau
of Prisons.
(ii) Misdemeanor conviction.--In the case
of such an individual who has been convicted of
a misdemeanor, the notification required under
clause (i) shall be given on the date on which
such individual is sentenced by a court
established by an Act of Congress.
(e) Relation to Other Laws.--
(1) State laws relating to voting rights.--Nothing in this
section shall be construed to prohibit the States from enacting
any State law which affords the right to vote in any election
for Federal office on terms less restrictive than those
established by this section.
(2) Certain federal acts.--The rights and remedies
established by this section are in addition to all other rights
and remedies provided by law, and neither rights and remedies
established by this Act shall supersede, restrict, or limit the
application of the Voting Rights Act of 1965 (52 U.S.C. 10301
et seq.) or the National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.).
(3) Federal prison funds.--No State, unit of local
government, or other person may receive or use, to construct or
otherwise improve a prison, jail, or other place of
incarceration, any Federal funds unless that person has in
effect a program under which each individual incarcerated in
that person's jurisdiction who is a citizen of the United
States is notified, upon release from such incarceration, of
that individual's rights under section 1403.
(f) Prohibition on Civil Asset Forfeitures.--Section 413(a) of the
Controlled Substances Act (21 U.S.C. 853(a)) is amended by striking
``one year'' and inserting ``one year, except a person possessing a
quantity of controlled substance solely for personal consumption,''.
SEC. 11. REINVEST FUNDS IN SUPPORTIVE PROGRAMS.
(a) Drug Safety Grant Program.--
(1) Establishment.--Not later than one year after the date
of the enactment of this Act, the Secretary of Health and Human
Services shall establish a grant program to support State and
local efforts to expand access to substance abuse treatment,
support harm-reduction services, and reduce the criminalization
of individuals who use drugs by supporting the development or
expansion of pre-arrest diversion programs.
(2) Duties.--The grant program shall enhance programs that
expand access to substance use treatment, enhance the safety of
individuals who use drugs, and reduce the entry of individuals
who use drugs into the criminal legal system.
(3) Eligible entities.--
(A) In general.--An eligible entity for a grant
under this paragraph shall be an existing agency or
organization, whether government or community-based
that are engaged in activities designed to promote the
health and welfare of people who use drugs, facilitate
the voluntary treatment of individuals with substance
use disorder, provide assistance to individuals as an
alternative to criminal prosecution, or provide
alternatives to law enforcement first response
services.
(B) Exception.--A law enforcement entity or program
that is led principally by a law enforcement entity are
not eligible for grants provided by the program.
(4) Use of funds.--An eligible entity under this paragraph
may use grant funds for purposes of increasing access to--
(A) low barrier substance use disorder treatment
that is evidence-informed, trauma-informed, culturally
responsive, patient-centered, and non-judgmental
(including medication assisted treatment);
(B) harm reduction programs and systems for
connecting individuals to harm reduction interventions,
including but not limited to overdose prevention
education, access to naloxone hydrochloride and sterile
syringes, stimulant-specific drug education and
outreach, drug-checking services;
(C) peer support and recovery services;
(D) non-police crisis-intervention and emergency
response programs;
(E) pre-arrest diversion programs; and
(F) transitional, supportive, and permanent housing
for persons with substance use disorder.
(b) Findings and Intent.--Section 101 of the Controlled Substances
Act (21 U.S.C. 801) is amended by striking paragraphs (1), (2), (3),
(4), (5), (6), and (7) and inserting the following new paragraphs:
``(1) Evidence-based regulations and education focused on
protecting the health and safety of individuals who use
controlled substances are necessary to ensure the general
welfare of American people.
``(2) Since the enactment of the Comprehensive Drug Abuse
Prevention and Control Act of 1970 the United States has
expended substantial sums of funding on controlling personal
consumption of controlled substances while prohibiting many
services that could help ensure the safety of the consumer drug
products in common use and safer conditions for individuals who
use drugs. The United States has spent over $1 trillion on drug
control since enactment of the Act and continues to spend over
$47 million annually.
``(3) Drug offenses are the leading cause of arrest in the
United States, remaining largely unchanged from 2010-2019,
during which time over 10 million arrests were made for drug
possession. Black individuals are arrested at rates far higher
than their representation in the population and in far greater
numbers than individuals in other demographic groups.
``(4) Drug arrests have significant collateral
consequences, interfering or denying access to education,
employment, housing, child custody, immigration, and public
benefits.
``(5) Drug control strategies focused on criminalizing
personal use of drugs have not achieved reductions in the
availability, prevalence of use, prices, or incidence of drug
overdose.
``(6) The criminalization of people who use drugs reduces
the availability of resources for evidence-based compassionate
drug education, addiction health services, including substance
abuse treatment and medication assisted treatment, and other
services focused on the health and safety of consumers.
``(7) Federal regulation of controlled substances pursuant
to this subchapter shall promote the health, safety and welfare
of individuals who use drugs and seek to prevent the harms of
criminalizing individual users of drugs.''.
SEC. 12. EVIDENCE-BASED DRUG EDUCATION.
(a) In General.--Notwithstanding any other provision of law, and
not later than 180 days after the date of the enactment of this Act,
the Attorney General shall transfer certain programs to the Secretary
of Health and Human Services.
(b) Federal Funds Prohibition.--Notwithstanding any other provision
of law, no Federal funds may be used by the Attorney General for drug
education programming, including public education related to drug use,
unless that the Attorney General or designee may provide information to
the Secretary of Health and Human Services in support of the
Secretary's responsibilities pursuant to this section.
(c) Personnel and Equipment.--Notwithstanding any provision of law,
a transfer pursuant to paragraph (1) shall include any personnel and
equipment exclusively responsible for the administration of the certain
programs.
(d) Certain Program Defined.--The term ``certain program'' means
Federal programs including:
(1) Access to recovery programs.
(2) Block grants for prevention and treatment of substance
abuse.
(3) Community transformation grants.
(4) Drug abuse and addiction research programs.
(5) Enhance the safety of children affected by parental
methamphetamine or other substance abuse.
(6) Family connection grants.
(7) Using family group decision-making to build protective
factors for children and families.
(8) Health improvement for reentering ex-offenders
initiative.
(9) Healthy start initiative.
(10) HIV prevention activities nongovernmental organization
based in the United States.
(11) Maternal, infant and early childhood home visiting
program.
(12) Mentoring children of prisoners.
(13) National all schedules prescription electronic
reporting grant.
(14) Project for assistance in transition from
homelessness.
(15) Promoting safe and stable homes.
(16) Strategic prevention framework.
(17) Substance abuse and mental health services projects of
regional and national significance.
(18) Urban Indian Health Services.
(e) Public Education Regarding Drugs and Drug Use.--Notwithstanding
any other provision of law, any Federal funds used for designing,
administering, or supporting programs to provide education regarding
drugs or drug use shall provide scientifically-accurate, culturally and
gender competent, trauma-informed, and evidence-based information about
drug use and effects that can help persons participating in such a
program make healthy choices about substance use and develop personal
and social strategies to manage the risks, benefits, and potential
harms of substance use.
(f) Improve Research on Impacts of Drug Criminalization and
Enforcement.--Notwithstanding any other provision of law, and not later
than one year after the date of the enactment of this Act, the Attorney
General shall transfer programs with respect to drugs and crime to the
Administrator of the Substance Abuse and Mental Health Services
Administration to expand research on harms of criminalization and to
study the effectiveness of non-prohibitionist models of ensuring the
health and safety of individuals who use drugs.
SEC. 13. DATA COLLECTION AND TRANSPARENCY.
(a) Locality Data.--Not later than one year after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation make publicly available all available data, on a
quarterly basis, regarding local enforcement of drug laws, including
local arrests for drug possession and distribution offenses, possession
of drug paraphernalia, public use or intoxication, loitering, and all
other drug-related violations.
(b) National Incident-Based Reporting System.--Not later than one
year after the date of the enactment of this Act, the Director of the
Federal Bureau of Investigation shall make available on the internet
website of the Federal Bureau of Investigation any data provided by
localities to the National Incident-Based Reporting System, including
any aggregate data reported regarding the alleged substances and
quantities recovered, and demographic data for persons arrested.
(c) Department of Justice Reporting.--Not later than one year after
the date of the enactment of this Act, and annually thereafter, the
Attorney General shall collect and make publicly available on the
internet website of the Department of Justice information from any unit
of local government that receives any Federal funding identifying
expenditures on drug offense enforcement.
SEC. 14. LIMITATION OF ELIGIBILITY FOR FUNDS.
Beginning in the first fiscal year that begins after the date that
is one year after the date of enactment of this Act, a State or unit of
local government may not receive funds under subpart 1 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.) or the under section 1701 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381)
for a fiscal year if, on the day before the first day of the fiscal
year, the State or unit of local government has a law in effect that
establishes criminal penalties for the possession of an amount of a
controlled substance consistent with personal use.
SEC. 15. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL
OFFER FOR FEDERAL EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER
``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record
information.
``9203. Agency policies; complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
``In this chapter--
``(1) the term `agency' means `Executive agency' as such
term is defined in section 105 and includes--
``(A) the United States Postal Service and the
Postal Regulatory Commission; and
``(B) the Executive Office of the President;
``(2) the term `appointing authority' means an employee in
the executive branch of the Government of the United States
that has authority to make appointments to positions in the
civil service;
``(3) the term `conditional offer' means an offer of
employment in a position in the civil service that is
conditioned upon the results of a criminal history inquiry;
``(4) the term `criminal history record information'--
``(A) except as provided in subparagraphs (B) and
(C), has the meaning given the term in section 9101(a);
``(B) includes any information described in the
first sentence of section 9101(a)(2) that has been
sealed or expunged pursuant to law; and
``(C) includes information collected by a criminal
justice agency, relating to an act or alleged act of
juvenile delinquency, that is analogous to criminal
history record information (including such information
that has been sealed or expunged pursuant to law); and
``(5) the term `suspension' has the meaning given the term
in section 7501.
``Sec. 9202. Limitations on requests for criminal history record
information
``(a) Inquiries Prior to Conditional Offer.--Except as provided in
subsections (b) and (c), an employee of an agency may not request, in
oral or written form (including through the Declaration for Federal
Employment (Office of Personnel Management Optional Form 306) or any
similar successor form, the USAJOBS internet website, or any other
electronic means) that an applicant for an appointment to a position in
the civil service disclose criminal history record information
regarding the applicant before the appointing authority extends a
conditional offer to the applicant.
``(b) Otherwise Required by Law.--The prohibition under subsection
(a) shall not apply with respect to an applicant for a position in the
civil service if consideration of criminal history record information
prior to a conditional offer with respect to the position is otherwise
required by law.
``(c) Exception for Certain Positions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply with respect to an applicant for an appointment
to a position--
``(A) that requires a determination of eligibility
described in clause (i), (ii), or (iii) of section
9101(b)(1)(A);
``(B) as a Federal law enforcement officer (as
defined in section 115(c) of title 18); or
``(C) identified by the Director of the Office of
Personnel Management in the regulations issued under
paragraph (2).
``(2) Regulations.--
``(A) Issuance.--The Director of the Office of
Personnel Management shall issue regulations
identifying additional positions with respect to which
the prohibition under subsection (a) shall not apply,
giving due consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial transactions.
``(B) Compliance with civil rights laws.--The
regulations issued under subparagraph (A) shall--
``(i) be consistent with, and in no way
supersede, restrict, or limit the application
of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) or other relevant
Federal civil rights laws; and
``(ii) ensure that all hiring activities
conducted pursuant to the regulations are
conducted in a manner consistent with relevant
Federal civil rights laws.
``Sec. 9203. Agency policies; complaint procedures
``The Director of the Office of Personnel Management shall--
``(1) develop, implement, and publish a policy to assist
employees of agencies in complying with section 9202 and the
regulations issued pursuant to such section; and
``(2) establish and publish procedures under which an
applicant for an appointment to a position in the civil service
may submit a complaint, or any other information, relating to
compliance by an employee of an agency with section 9202.
``Sec. 9204. Adverse action
``(a) First Violation.--If the Director of the Office of Personnel
Management determines, after notice and an opportunity for a hearing on
the record, that an employee of an agency has violated section 9202,
the Director shall--
``(1) issue to the employee a written warning that includes
a description of the violation and the additional penalties
that may apply for subsequent violations; and
``(2) file such warning in the employee's official
personnel record file.
``(b) Subsequent Violations.--If the Director of the Office of
Personnel Management determines, after notice and an opportunity for a
hearing on the record, that an employee that was subject to subsection
(a) has committed a subsequent violation of section 9202, the Director
may take the following action:
``(1) For a second violation, suspension of the employee
for a period of not more than 7 days.
``(2) For a third violation, suspension of the employee for
a period of more than 7 days.
``(3) For a fourth violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $250.
``(4) For a fifth violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $500.
``(5) For any subsequent violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $1,000.
``Sec. 9205. Procedures
``(a) Appeals.--The Director of the Office of Personnel Management
shall by rule establish procedures providing for an appeal from any
adverse action taken under section 9204 by not later than 30 days after
the date of the action.
``(b) Applicability of Other Laws.--An adverse action taken under
section 9204 (including a determination in an appeal from such an
action under subsection (a) of this section) shall not be subject to--
``(1) the procedures under chapter 75; or
``(2) except as provided in subsection (a) of this section,
appeal or judicial review.
``Sec. 9206. Rules of construction
``Nothing in this chapter may be construed to--
``(1) authorize any officer or employee of an agency to
request the disclosure of information described under
subparagraphs (B) and (C) of section 9201(4); or
``(2) create a private right of action for any person.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall issue such regulations as are necessary to
carry out chapter 92 of title 5, United States Code (as added
by this Act).
(2) Effective date.--Section 9202 of title 5, United States
Code (as added by this Act), shall take effect on the date that
is 2 years after the date of enactment of this Act.
(c) Technical and Conforming Amendment.--The table of chapters for
part III of title 5, United States Code, is amended by inserting after
the item relating to chapter 91 the following:
``92. Prohibition on criminal history inquiries prior to 9201''.
conditional offer.
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 102(a) (2 U.S.C. 1302(a)), by adding
at the end the following:
``(12) Section 9202 of title 5, United States Code.'';
(B) by redesignating section 207 (2 U.S.C. 1317) as
section 208; and
(C) by inserting after section 206 (2 U.S.C. 1316)
the following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY
INQUIRIES.
``(a) Definitions.--In this section, the terms `agency', `criminal
history record information', and `suspension' have the meanings given
the terms in section 9201 of title 5, United States Code, except as
otherwise modified by this section.
``(b) Restrictions on Criminal History Inquiries.--
``(1) In general.--
``(A) In general.--Except as provided in
subparagraph (B), an employee of an employing office
may not request that an applicant for employment as a
covered employee disclose criminal history record
information if the request would be prohibited under
section 9202 of title 5, United States Code, if made by
an employee of an agency.
``(B) Conditional offer.--For purposes of applying
that section 9202 under subparagraph (A), a reference
in that section 9202 to a conditional offer shall be
considered to be an offer of employment as a covered
employee that is conditioned upon the results of a
criminal history inquiry.
``(2) Rules of construction.--The provisions of section
9206 of title 5, United States Code, shall apply to employing
offices, consistent with regulations issued under subsection
(d).
``(c) Remedy.--
``(1) In general.--The remedy for a violation of subsection
(b)(1) shall be such remedy as would be appropriate if awarded
under section 9204 of title 5, United States Code, if the
violation had been committed by an employee of an agency,
consistent with regulations issued under subsection (d), except
that the reference in that section to a suspension shall be
considered to be a suspension with the level of compensation
provided for a covered employee who is taking unpaid leave
under section 202.
``(2) Process for obtaining relief.--An applicant for
employment as a covered employee who alleges a violation of
subsection (b)(1) may rely on the provisions of title IV (other
than section 407 or 408, or a provision of this title that
permits a person to obtain a civil action or judicial review),
consistent with regulations issued under subsection (d).
``(d) Regulations To Implement Section.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2019, the Board shall, pursuant to section 304, issue
regulations to implement this section.
``(2) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Director of the Office of Personnel
Management under section 2(b)(1) of the Fair Chance to Compete
for Jobs Act of 2019 to implement the statutory provisions
referred to in subsections (a) through (c) except to the extent
that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
``(e) Effective Date.--Section 102(a)(12) and subsections (a)
through (c) shall take effect on the date on which section 9202 of
title 5, United States Code, applies with respect to agencies.''.
(2) Clerical amendments.--
(A) The table of contents in section 1(b) of the
Congressional Accountability Act of 1995 (Public Law
104-1; 109 Stat. 3) is amended--
(i) by redesignating the item relating to
section 207 as the item relating to section
208; and
(ii) by inserting after the item relating
to section 206 the following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(B) Section 62(e)(2) of the Internal Revenue Code
of 1986 is amended by striking ``or 207'' and inserting
``207, or 208''.
(e) Application to Judicial Branch.--
(1) In general.--Section 604 of title 28, United States
Code, is amended by adding at the end the following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history
record information' have the meanings given those terms
in section 9201 of title 5;
``(B) the term `covered employee' means an employee
of the judicial branch of the United States Government,
other than--
``(i) any judge or justice who is entitled
to hold office during good behavior;
``(ii) a United States magistrate judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any office
or entity of the judicial branch of the United States
Government that employs covered employees.
``(2) Restriction.--A covered employee may not request that
an applicant for employment as a covered employee disclose
criminal history record information if the request would be
prohibited under section 9202 of title 5 if made by an employee
of an agency.
``(3) Employing office policies; complaint procedure.--The
provisions of sections 9203 and 9206 of title 5 shall apply to
employing offices and to applicants for employment as covered
employees, consistent with regulations issued by the Director
to implement this subsection.
``(4) Adverse action.--
``(A) Adverse action.--The Director may take such
adverse action with respect to a covered employee who
violates paragraph (2) as would be appropriate under
section 9204 of title 5 if the violation had been
committed by an employee of an agency.
``(B) Appeals.--The Director shall by rule
establish procedures providing for an appeal from any
adverse action taken under subparagraph (A) by not
later than 30 days after the date of the action.
``(C) Applicability of other laws.--Except as
provided in subparagraph (B), an adverse action taken
under subparagraph (A) (including a determination in an
appeal from such an action under subparagraph (B))
shall not be subject to appeal or judicial review.
``(5) Regulations to be issued.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Fair Chance to Compete for
Jobs Act of 2019, the Director shall issue regulations
to implement this subsection.
``(B) Parallel with agency regulations.--The
regulations issued under subparagraph (A) shall be the
same as substantive regulations promulgated by the
Director of the Office of Personnel Management under
section 2(b)(1) of the Fair Chance to Compete for Jobs
Act of 2019 except to the extent that the Director of
the Administrative Office of the United States Courts
may determine, for good cause shown and stated together
with the regulation, that a modification of such
regulations would be more effective for the
implementation of the rights and protections under this
subsection.
``(6) Effective date.--Paragraphs (1) through (4) shall
take effect on the date on which section 9202 of title 5
applies with respect to agencies.''.
SEC. 16. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS PRIOR
TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4714. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an executive agency--
``(A) may not require that an individual or sole
proprietor who submits a bid for a contract to disclose
criminal history record information regarding that
individual or sole proprietor before determining the
apparent awardee; and
``(B) shall require, as a condition of receiving a
Federal contract and receiving payments under such
contract that the contractor may not verbally, or
through written form, request the disclosure of
criminal history record information regarding an
applicant for a position related to work under such
contract before the contractor extends a conditional
offer to the applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Administrator of
General Services identifies under the
regulations issued under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the
Administrator of General Services, in
consultation with the Secretary of Defense,
shall issue regulations identifying additional
positions with respect to which the prohibition
under paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(b) Complaint Procedures.--The Administrator of General Services
shall establish and publish procedures under which an applicant for a
position with a Federal contractor may submit to the Administrator a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the head of an executive agency
determines that a contractor has violated subsection (a)(1)(B),
such head shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violation.--If the head of an executive
agency determines that a contractor that was subject to
paragraph (1) has committed a subsequent violation of
subsection (a)(1)(B), such head shall notify the contractor,
shall provide 30 days after such notification for the
contractor to appeal the determination, and, in consultation
with the relevant Federal agencies, may take actions, depending
on the severity of the infraction and the contractor's history
of violations, including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 41, United States Code, is amended by adding at the
end the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4714 of title 41, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 2(b)(2) of this
Act.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2338 the following
new section:
``Sec. 2339. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the head of an agency--
``(A) may not require that an individual or sole
proprietor who submits a bid for a contract to disclose
criminal history record information regarding that
individual or sole proprietor before determining the
apparent awardee; and
``(B) shall require as a condition of receiving a
Federal contract and receiving payments under such
contract that the contractor may not verbally or
through written form request the disclosure of criminal
history record information regarding an applicant for a
position related to work under such contract before
such contractor extends a conditional offer to the
applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Secretary of
Defense identifies under the regulations issued
under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the Secretary
of Defense, in consultation with the
Administrator of General Services, shall issue
regulations identifying additional positions
with respect to which the prohibition under
paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(b) Complaint Procedures.--The Secretary of Defense shall
establish and publish procedures under which an applicant for a
position with a Department of Defense contractor may submit a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the Secretary of Defense
determines that a contractor has violated subsection (a)(1)(B),
the Secretary shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violations.--If the Secretary of Defense
determines that a contractor that was subject to paragraph (1)
has committed a subsequent violation of subsection (a)(1)(B),
the Secretary shall notify the contractor, shall provide 30
days after such notification for the contractor to appeal the
determination, and, in consultation with the relevant Federal
agencies, may take actions, depending on the severity of the
infraction and the contractor's history of violations,
including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Effective date.--Section 2339(a) of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 2(b)(2) of this
Act.
(3) Clerical amendment.--The table of sections for chapter
137 of title 10, United States Code, is amended by inserting
after the item relating to section 2338 the following new item:
``2339. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Federal Acquisition Regulatory
Council shall revise the Federal Acquisition Regulation to
implement section 4714 of title 41, United States Code, and
section 2339 of title 10, United States Code, as added by this
section.
(2) Consistency with office of personnel management
regulations.--The Federal Acquisition Regulatory Council shall
revise the Federal Acquisition Regulation under paragraph (1)
to be consistent with the regulations issued by the Director of
the Office of Personnel Management under section 2(b)(1) to the
maximum extent practicable. The Council shall include together
with such revision an explanation of any substantive
modification of the Office of Personnel Management regulations,
including an explanation of how such modification will more
effectively implement the rights and protections under this
section.
SEC. 17. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN
FEDERAL PRISONS.
(a) Definition.--In this section, the term ``covered individual''--
(1) means an individual who has completed a term of
imprisonment in a Federal prison for a Federal criminal
offense; and
(2) does not include an alien who is or will be removed
from the United States for a violation of the immigration laws
(as such term is defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
(b) Study and Report Required.--The Director of the Bureau of
Justice Statistics, in coordination with the Director of the Bureau of
the Census, shall--
(1) not later than 180 days after the date of enactment of
this Act, design and initiate a study on the employment of
covered individuals after their release from Federal prison,
including by collecting--
(A) demographic data on covered individuals,
including race, age, and sex; and
(B) data on employment and earnings of covered
individuals who are denied employment, including the
reasons for the denials; and
(2) not later than 2 years after the date of enactment of
this Act, and every 5 years thereafter, submit a report that
does not include any personally identifiable information on the
study conducted under paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Oversight and Reform of the
House of Representatives; and
(D) the Committee on Education and Labor of the
House of Representatives.
SEC. 18. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 19. DEFINITIONS.
In this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Criminal justice sentence.--The term ``criminal justice
sentence'' means any requirement imposed pursuant to a
sentence, including incarceration, supervised release, parole,
or probation.
(3) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(4) Eligible offense.--The term ``eligible offense'' means
an offense for a controlled substances with respect to an
amount that is lower than the benchmark determined by the
Commission on Substance Use, Health, and Safety established
under section 6 of this Act.
(5) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(6) Indigenous communities.--The term ``Indigenous
communities'' includes each of the Federally recognized Indian
tribes.
(7) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
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