(a) Short title.—This Act may be cited as the “Next Step Act of 2019”.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

(a) Controlled substances act.—The following provisions of the Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:

(1) Clause (iii) of section 401(b)(1)(A).

(2) Clause (iii) of section 401(b)(1)(B).

(b) Controlled substances import and export act.—The following provisions of the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.) are repealed:

(1) Subparagraph (C) of section 1010(b)(1).

(2) Subparagraph (C) of section 1010(b)(2).

(c) Applicability to pending and past cases.—

(1) PENDING CASES.—This section, and the amendments made by this section, shall apply to any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.

(2) PAST CASES.—In the case of a defendant who, before the date of enactment of this Act, was convicted of an offense for which the penalty is amended by this section and was sentenced to a term of imprisonment for the offense, the sentencing court may, on motion of the defendant or the Director of the Bureau of Prisons, or on its own motion, reduce the term of imprisonment for the offense, after considering the factors set forth in section 3553(a) of title 18, United States Code, to the extent the factors are applicable, if such a reduction is consistent with—

(A) this section and the amendments made by this section; and

(B) applicable policy statements issued by the United States Sentencing Commission.

This title may be cited as the “Marijuana Justice Act of 2019”.

(a) Marihuana removed from schedule of controlled substances.—Subsection (c) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812) is amended—

(1) by striking “marihuana”; and

(2) by striking “tetrahydrocannabinols”.

(b) Removal of Prohibition on Import and Export.—Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended—

(1) in paragraph (1)—

(A) in subparagraph (F), by inserting “or” after the semicolon;

(B) by striking subparagraph (G); and

(C) by redesignating subparagraph (H) as subparagraph (G);

(2) in paragraph (2)—

(A) in subparagraph (F), by inserting “or” after the semicolon;

(B) by striking subparagraph (G); and

(C) by redesignating subparagraph (H) as subparagraph (G);

(3) in paragraph (3), by striking “paragraphs (1), (2), and (4)” and inserting “paragraphs (1) and (2)”;

(4) by striking paragraph (4); and

(5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.

(c) Conforming amendments to Controlled Substances Act.—The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—

(1) in section 102(44) (21 U.S.C. 802(44)), by striking “marihuana,”;

(2) in section 401(b) (21 U.S.C. 841(b))—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) in clause (vi), by inserting “or” after the semicolon;

(II) by striking (vii); and

(III) by redesignating clause (viii) as clause (vii);

(ii) in subparagraph (B)—

(I) by striking clause (vii); and

(II) by redesignating clause (viii) as clause (vii);

(iii) in subparagraph (C), in the first sentence, by striking “subparagraphs (A), (B), and (D)” and inserting “subparagraphs (A) and (B)”;

(iv) by striking subparagraph (D);

(v) by redesignating subparagraph (E) as subparagraph (D); and

(vi) in subparagraph (D)(i), as so redesignated, by striking “subparagraphs (C) and (D)” and inserting “subparagraph (C)”;

(B) by striking paragraph (4); and

(C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively;

(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking “, marihuana,”;

(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking “, marihuana,”;

(5) in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence;

(6) in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence;

(7) in section 422(d) (21 U.S.C. 863(d))—

(A) in the matter preceding paragraph (1), by striking “marijuana,”; and

(B) in paragraph (5), by striking “, such as a marihuana cigarette,”; and

(8) in section 516(d) (21 U.S.C. 886(d)), by striking “section 401(b)(6)” each place the term appears and inserting “section 401(b)(5)”.

(d) Other conforming amendments.—

(1) NATIONAL FOREST SYSTEM DRUG CONTROL ACT OF 1986.—The National Forest System Drug Control Act of 1986 (16 U.S.C. 559b et seq.) is amended—

(A) in section 15002(a) (16 U.S.C. 559b(a)) by striking “marijuana and other”;

(B) in section 15003(2) (16 U.S.C. 559c(2)) by striking “marijuana and other”; and

(C) in section 15004(2) (16 U.S.C. 559d(2)) by striking “marijuana and other”.

(2) INTERCEPTION OF COMMUNICATIONS.—Section 2516 of title 18, United States Code, is amended—

(A) in subsection (1)(e), by striking “marihuana,”; and

(B) in subsection (2) by striking “marihuana,”.

(a) Definitions.—In this section—

(1) the term “covered State” means a State that has not enacted a statute legalizing marijuana in the State;

(2) the term “disproportionate arrest rate” means—

(A) the percentage of minority individuals arrested for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data; or

(B) the percentage of low-income 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 individuals, as determined by the most recent census data;

(3) the term “disproportionate incarceration rate” means the percentage of minority individuals incarcerated for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data;

(4) the term “low-income individual” means an individual whose taxable income (as defined in section 63 of the Internal Revenue Code of 1986) is equal to or below the maximum dollar amount for the 15 percent rate bracket applicable to the individual under section 1 of the Internal Revenue Code of 1986;

(5) the term “marijuana” has the meaning given the term “marihuana” in section 102 of the Controlled Substances Act (21 U.S.C. 802); and

(6) the term “minority individual” means an individual who is a member of a racial or ethnic minority group.

(b) Ineligibility for certain funds.—

(1) IN GENERAL.—For any fiscal year beginning after the date of enactment of this Act in which the Attorney General, acting through the Director of the Bureau of Justice Assistance, determines that a covered State has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses, the covered State—

(A) shall not be eligible to receive any Federal funds for the construction or staffing of a prison or jail; and

(B) shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the covered State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

(2) FUNDS FOR CERTAIN PROGRAMMING.—For purposes of paragraph (1)(A), Federal funds for the construction or staffing of a prison or jail shall not include Federal funds used by a prison or jail to carry out recidivism reduction programming or drug addiction treatment.

(3) REALLOCATION.—Any amounts not awarded to a covered State because of a determination under paragraph (1) shall be deposited in the Community Reinvestment Fund established under section 104.

(c) 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 Act.

(d) Sentencing review.—

(1) IN GENERAL.—For any individual who was sentenced to a term of imprisonment for a Federal criminal offense involving marijuana before the date of enactment of this Act and is still serving such term of imprisonment, the court that imposed the sentence, shall, on motion of the individual, the Director of the Bureau of Prisons, the attorney for the Government, or the court, conduct a sentencing hearing.

(2) POTENTIAL REDUCED RESENTENCING.—After a sentencing hearing under paragraph (1), a court may impose a sentence on the individual as if this title, and the amendments made by this title, were in effect at the time the offense was committed.

(e) Right of action.—

(1) 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 States.

(2) RELIEF.—In a civil action brought under this subsection in which the plaintiff prevails, the court shall—

(A) grant all necessary equitable and legal relief, including declaratory relief; and

(B) issue an order requiring the Attorney General, acting through the Director of the Bureau of Justice Assistance, to—

(i) 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 (b)(1)(A); and

(ii) reduce grant funding of the State in accordance with subsection (b)(1)(B).

(a) Establishment.—There is established in the Treasury of the United States a fund, to be known as the “Community Reinvestment Fund” (referred to in this section as the “Fund”).

(b) Deposits.—The Fund shall consist of—

(1) any amounts not awarded to a covered State because of a determination under section 203(b)(1); and

(2) any amounts otherwise appropriated to the Fund.

(c) Use of Fund amounts.—Amounts in the Fund shall be available to the Secretary of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs such as—

(1) job training;

(2) reentry services;

(3) expenses related to the expungement of convictions;

(4) public libraries;

(5) community centers;

(6) programs and opportunities dedicated to youth;

(7) the special purpose fund discussed below; and

(8) health education programs.

(d) Availability of Fund amounts.—Amounts in the Fund shall be available without fiscal year limitation.

(e) Authorization of appropriations.—There are authorized to be appropriated to the Fund $500,000,000 for each of fiscal years 2019 through 2041.

This title may be cited as the “Smarter Sentencing Act of 2019”.

(a) Controlled Substances Act.—The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended—

(1) in section 102 (21 U.S.C. 802)—

(A) by redesignating paragraph (58) as paragraph (59);

(B) by redesignating the second paragraph (57) (relating to the term “serious drug felony”) as paragraph (58); and

(C) by adding at the end the following:

“(60) The term ‘courier’ means a defendant whose role in the offense was limited to transporting or storing drugs or money.”; and

(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))—

(A) in subparagraph (A), in the flush text following clause (viii)—

(i) by striking “10 years or more” and inserting “5 years or more”;

(ii) by striking “such person shall be sentenced to a term of imprisonment which may not be less than 15 years and” and inserting “such person shall be sentenced to a term of imprisonment of not less than 10 years and”; and

(B) in subparagraph (B), in the flush text following clause (viii)—

(i) by striking “5 years” and inserting “2 years”; and

(ii) by striking “not be less than 10 years” and inserting “not be less than 5 years”.

(b) Controlled Substances Import and Export Act.—Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended—

(1) in paragraph (1), in the flush text following subparagraph (H)—

(A) by inserting “, other than a person who is a courier,” after “such violation”;

(B) by striking “person commits” and inserting “person, other than a courier, commits”; and

(C) by inserting “If a person who is a courier commits such a violation, the person shall be sentenced to a term of imprisonment of not less than 5 years and not more than life. If a person who is a courier commits such a violation after a prior conviction for a felony drug offense has become final, the person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life.” before “Notwithstanding section 3583”; and

(2) in paragraph (2), in the flush text following subparagraph (H)—

(A) by inserting “, other than a person who is a courier,” after “such violation”;

(B) by striking “person commits” and inserting “person, other than a courier, commits”; and

(C) by inserting “If a person who is a courier commits such a violation, the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than life. If a person who is a courier commits such a violation after a prior conviction for a felony drug offense has become final, the person shall be sentenced to a term of imprisonment of not less than 5 years and not more than life.” before “Notwithstanding section 3583”.

(a) Directive to Sentencing Commission.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense under section 401 of the Controlled Substances Act (21 U.S.C. 841) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure that the guidelines and policy statements are consistent with the amendments made by section 302 of this title and reflect the intent of Congress that such penalties be decreased in accordance with the amendments made by such section 302.

(b) Considerations.—In carrying out this section, the United States Sentencing Commission shall consider—

(1) the mandate of the United States Sentencing Commission, under section 994(g) of title 28, United States Code, 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 prisons”;

(2) the findings and conclusions of the United States Sentencing Commission in its October 2011 report to Congress entitled, Mandatory Minimum Penalties in the Federal Criminal Justice System;

(3) the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission;

(4) the relevant public safety concerns involved in the considerations before the United States Sentencing Commission;

(5) the intent of Congress that penalties for violent, repeat, and serious drug traffickers who present public safety risks remain appropriately severe; and

(6) the need to reduce and prevent racial disparities in Federal sentencing.

(c) Emergency authority.—The United States Sentencing Commission shall—

(1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired; and

(2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law.

Not later than 6 months after the date of enactment of this Act, 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 Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism, thereby increasing the effectiveness of Federal criminal justice spending.

(a) Definitions.—In this section—

(1) the term “criminal regulatory offense” means a Federal regulation that is enforceable by a criminal penalty; and

(2) the term “criminal statutory offense” means a criminal offense under a Federal statute.

(b) Report on criminal statutory offenses.—Not later than 1 year after the date of enactment of this Act, 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 report, which shall include—

(1) a list of all criminal statutory offenses, including a list of the elements for each criminal statutory offense; and

(2) for each criminal statutory offense listed under paragraph (1)—

(A) the potential criminal penalty for the criminal statutory offense;

(B) the number of prosecutions for the criminal statutory offense brought by the Department of Justice each year for the 15-year period preceding the date of enactment of this Act; and

(C) the mens rea requirement for the criminal statutory offense.

(c) Report on criminal regulatory offenses.—

(1) REPORTS.—Not later than 1 year after the date of enactment of this Act, the head of each Federal agency described in paragraph (2) shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include—

(A) a list of all criminal regulatory offenses enforceable by the agency; and

(B) for each criminal regulatory offense listed under subparagraph (A)—

(i) the potential criminal penalty for a violation of the criminal regulatory offense;

(ii) the number of violations of the criminal regulatory offense referred to the Department of Justice for prosecution in each of the years during the 15-year period preceding the date of enactment of this Act; and

(iii) the mens rea requirement for the criminal regulatory offense.

(2) AGENCIES DESCRIBED.—The Federal agencies described in this paragraph are the Department of Agriculture, the Department of Commerce, the Department of Education, the Department of Energy, the Department of Health and Human Services, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of the Interior, the Department of Labor, the Department of Transportation, the Department of the Treasury, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Equal Employment Opportunity Commission, the Export-Import Bank of the United States, the Farm Credit Administration, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Election Commission, the Federal Labor Relations Authority, the Federal Maritime Commission, the Federal Mine Safety and Health Review Commission, the Federal Trade Commission, the National Labor Relations Board, the National Transportation Safety Board, the Nuclear Regulatory Commission, the Occupational Safety and Health Review Commission, the Office of Compliance, the Postal Regulatory Commission, the Securities and Exchange Commission, the Securities Investor Protection Corporation, the Environmental Protection Agency, the Small Business Administration, the Federal Housing Finance Agency, and the Office of Government Ethics.

(d) Index.—Not later than 2 years after the date of enactment of this Act—

(1) the Attorney General shall establish a publicly accessible index of each criminal statutory offense listed in the report required under subsection (b) and make the index available and freely accessible on the website of the Department of Justice; and

(2) the head of each agency described in subsection (c)(2) shall establish a publicly accessible index of each criminal regulatory offense listed in the report required under subsection (c)(1) and make the index available and freely accessible on the website of the agency.

(e) Rule of construction.—Nothing in this section shall be construed to require or authorize appropriations.

(a) In general.—Chapter 403 of title 18, United States Code, is amended by inserting after section 5032 the following:

(b) Table of sections.—The table of sections for chapter 403 of title 18, United States Code, is amended by inserting after the item relating to section 5032 the following:

“5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18.”.

(c) Applicability.—The amendments made by this section shall apply to any conviction entered before, on, or after the date of enactment of this Act.

This title may be cited as the “Reverse Mass Incarceration Act of 2019”.

(a) In general.—Title I of the Omnibus Crime Control and Safe Street Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:

(b) Authorization of appropriations.—Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by adding at the end the following:

“(29) There are authorized to be appropriated to carry out part OO $2,000,000,000 for each of fiscal years 2020 through 2029.”.

This title may be cited as the “Dignity for Incarcerated Women Act of 2019” or the “Dignity Act”.

(a) In general.—Chapter 303 of title 18, United States Code, is amended by adding at the end the following:

(b) Substance abuse treatment.—Section 3621(e) of title 18, United States Code, is amended by adding at the end the following:

“(7) ELIGIBILITY OF PRIMARY CARETAKER PARENTS AND PREGNANT WOMEN.—The Bureau of Prisons may not prohibit a prisoner who is a primary caretaker parent (as defined in section 4051) or pregnant from participating in a program of residential substance abuse treatment provided under paragraph (1) based on the failure of the individual, before being committed to the custody of the Bureau, to disclose to any official that the individual had a substance abuse problem.”.

(c) Technical and conforming amendments.—

(1) TABLE OF SECTIONS.—The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following:

“4051. Treatment of primary caretaker parents and other individuals.”.

(2) HEALTHCARE PRODUCTS.—Section 611 of the First Step Act of 2018 (Public Law 115–391; 132 Stat. 5194) is repealed.

(a) Definitions.—In this section—

(1) the term “Director” means the Director of the Bureau of Prisons;

(2) the term “primary caretaker parent” has the meaning given the term in section 31903 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12242); and

(3) the term “prisoner” means an individual who is incarcerated in a Federal penal or correctional institution.

(b) 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 members.

(c) Eligibility criteria.—In establishing eligibility criteria for the pilot program under subsection (b), the Director shall—

(1) require that a prisoner have displayed good behavior; and

(2) prohibit participation by any prisoner who has been convicted of a crime of violence (as defined in section 16 of title 18, United States Code).

This title may be cited as the “Fair Chance to Compete for Jobs Act of 2019” or the “Fair Chance Act”.

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

“Sec.
“9201. Definitions.
“9202. Limitations on requests for criminal history record information.
“9203. Agency policies; whistleblower complaint procedures.
“9204. Adverse action.
“9205. Procedures.
“9206. Rules of construction.

(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 subsection (a)).

(2) EFFECTIVE DATE.—Section 9202 of title 5, United States Code (as added by subsection (a)), 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 conditional offer 9201”.

(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:

(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 702(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.”.

(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:

(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 702(b)(2) of this title.

(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:

(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 702(b)(2) of this title.

(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 702(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.

(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.

This title may be cited as the “Fair Chance Licensing Act of 2019”.

(a) State and local requirements.—Section 534 of title 28, United States Code, is amended by adding at the end the following:

“(g) Restrictions on State and local use of criminal records To disqualify individuals from employment, occupational licensing, or occupational certification.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘covered entity’ means—

“(i) an occupational licensing authority;

“(ii) an occupational certification authority; and

“(iii) an employer or third-party entity that is authorized by Federal or State law, including title II of the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92–544; 86 Stat. 1114), to access the records system created under this section for employment purposes;

“(B) the term ‘directly related conviction’, with respect to an individual, 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—

“(i) the position in which employment is sought; or

“(ii) the occupation for which an occupational license or certification is sought;

“(C) the term ‘qualifying background check law’ means a law that imposes the requirements described in paragraph (3); and

“(D) the term ‘record’ means a record or other information acquired, collected, classified, or preserved by the Attorney General under paragraph (1), (2), or (3) of subsection (a).

“(2) CONDITIONS ON ACCESS BY STATE AND LOCAL ENTITIES TO FBI BACKGROUND CHECK SYSTEM.—

“(A) STATES.—An agency or official of a State may not request or access a record, including on behalf of a private entity, under any authority, 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 law.

“(B) LOCAL GOVERNMENTS.—An agency or official of a political subdivision of a State may not request or access a record, including on behalf of a private entity, 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 law.

“(3) QUALIFYING BACKGROUND CHECK LAW.—

“(A) 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 employment, an occupational license, or an occupational certification:

“(i) A conviction that is not a directly related conviction.

“(ii) Non-conviction information, including information related to—

“(I) a deferred adjudication;

“(II) participation in a diversion program;

“(III) an arrest not followed by a valid conviction; or

“(IV) an infraction.

“(iii) A conviction that has been sealed, dismissed, expunged, or pardoned.

“(iv) A juvenile adjudication.

“(v) A misdemeanor conviction for which no sentence of imprisonment can be imposed.

“(vi) A misdemeanor conviction that is more than 1 year old, excluding any period of incarceration or custody.

“(vii) A felony conviction that is more than 5 years old, excluding any period of incarceration or custody.

“(B) CONSIDERATION OF TITLE VII Green FACTORS.—A qualifying background check law shall provide that a covered entity, in determining whether to disqualify an individual from employment, an occupational license, or an occupational certification based on a directly related conviction, shall consider—

“(i) the nature and gravity of the conviction;

“(ii) the period of time that has elapsed since the conviction or, if applicable, completion of the sentence; and

“(iii) the nature of the employment, license, or certification held or sought.

“(C) 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 employment, an occupational license, 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—

“(i) evidence showing that—

“(I) not less than 1 year has elapsed since the individual was released from any correctional institution without subsequent conviction of a crime; and

“(II) the individual has complied with all terms and conditions of probation or parole; or

“(ii) any other evidence of mitigation and present fitness, including—

“(I) the circumstances relating to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense;

“(II) the age of the individual when the individual committed the offense;

“(III) the period of time that has elapsed since the individual committed the offense;

“(IV) evidence of work history, particularly any training or work experience related to the position or occupation;

“(V) additional evidence of educational, training, or work activities that the individual has participated in, including during any period of incarceration;

“(VI) letters of reference by persons who have been in contact with the individual since the individual was released from any correctional institution; and

“(VII) completion of, or active participation in, rehabilitative drug or alcohol treatment.

“(D) NOTICE OF POTENTIAL DENIAL AND OPPORTUNITY TO APPEAL.—

“(i) NOTICE OF POTENTIAL DENIAL.—A qualifying background check law shall provide that if a covered entity intends to disqualify an individual from employment, an occupational license, or an occupational certification solely or in part because of a directly related conviction, the covered entity shall, prior to making a final decision—

“(I) notify the individual in writing of—

“(aa) the directly related conviction that forms the basis for the potential disqualification; and

“(bb) the rationale for how the conviction is directly related to the position or occupation;

“(II) provide the individual a copy of the conviction history report, if any, on which the covered entity relies; and

“(III) provide the individual examples of mitigation or rehabilitation evidence (as described in subparagraph (C)) that the individual may voluntarily provide.

“(ii) RESPONSE.—A qualifying background check law shall provide that not later than 30 days after the date on which an individual receives a notice of potential disqualification described in clause (i), the individual may respond to the notice by—

“(I) challenging the accuracy of the conviction history report; or

“(II) submitting evidence of mitigation or rehabilitation.

“(iii) 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 (C), including any information described in clause (ii) of this subparagraph submitted by the individual.

“(iv) NOTICE OF FINAL DECISION.—A qualifying background check law shall provide that if a covered entity disqualifies an individual from employment, an occupational license, or an occupational certification solely or in part because of a directly related conviction, the covered entity shall notify the individual in writing of—

“(I) the final decision, including—

“(aa) a list of each directly related conviction that forms the basis for the decision; and

“(bb) the rationale for how the conviction is directly related to the position;

“(II) additional appeal procedures, if any, including opportunities for administrative or judicial review; and

“(III) the earliest date on which the individual may reapply for the employment, occupational license, or occupational certification.

“(E) EDUCATION, OUTREACH, AND TRANSPARENCY ACTIVITIES.—A qualifying background check law shall provide that a covered entity shall—

“(i) adopt education and outreach policies developed with the input of key stakeholders, including individuals with arrest and conviction records;

“(ii) explain to the public (including on the website of the covered entity, if applicable) how the covered entity uses criminal history information in making decisions with respect to employment, occupational licensing, or occupational certification, as applicable; and

“(iii) offer individuals access at any time (including before obtaining any required education or training) to guidance on the impact of a conviction or arrest on the application process for employment, occupational licensing, or occupational certification, as applicable.

“(4) COMPLIANCE REVIEW.—Not later than 180 days after the date on which this subsection takes effect, and semiannually thereafter, the Attorney General shall review the compliance of States and political subdivisions thereof with the requirement under paragraph (2).”.

(b) Federal requirements.—

(1) CONSIDERATION OF CRIMINAL HISTORY INFORMATION CONSISTENT WITH QUALIFYING BACKGROUND CHECK LAW.—

(A) IN GENERAL.—Notwithstanding any other provision of law, other than a provision described in subparagraph (B), consideration of the criminal history information of an individual for purposes of employment, occupational licensing, or occupational certification of the individual, or any similar purpose, that is required or authorized under any provision of Federal law shall be carried out in accordance with the requirements described in section 534(g)(3) of title 28, United States Code, as added by subsection (a).

(B) EXCEPTIONS.—Subparagraph (A) shall not apply to the consideration of the criminal history information of an individual under any provision of law governing—

(i) Federal employment;

(ii) the Armed Forces;

(iii) law enforcement; or

(iv) national security.

(2) RELATION TO OTHER LAW.—Nothing in paragraph (1) 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 534(g)(3) of title 28, United States Code, as added by subsection (a).

(3) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the head of an agency that administers a provision of law affected by paragraph (1) shall promulgate any regulations necessary to comply with that paragraph.

(c) Effective date.—Subsections (a) and (b)(1), the amendments made by those subsections, and the regulations promulgated under subsection (b)(3) shall take effect on the date that is 1 year after the date of enactment of this Act.

(a) Bureau of Justice Statistics annual study.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Bureau of Justice Statistics shall conduct a study, and submit a report to Congress on that study, that—

(1) collects data on the Federal and State laws that result in the disqualification of applicants for employment, an occupational license, or an occupational certification based on the criminal record of the applicant;

(2) focuses on the disqualifying offenses and the racial, gender, and ethnic profile of the applicants disqualified under the laws described in paragraph (1); and

(3) examines the reversal rates and impact on employment opportunities that result from the procedures to appeal a potential disqualification from employment, an occupational license, or an occupational certification required under section 802 and the amendments made by that section.

(b) Data submission by Federal agencies and States.—A State that wishes to access to a record as described in subsection (g)(2) of section 534 of title 28, United States Code, (as added by this title) and each Federal agency that administers a provision of law affected by section 802(b) shall regularly collect and submit to the Bureau of Justice Statistics, for purposes of the annual study under subsection (a) of this section, any applicable data described in subsection (a) of this section.

This title may be cited as the “Record Expungement Designed to Enhance Employment Act of 2019” or the “REDEEM Act”.

(a) 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 Congress: Career Offender Sentencing Enhancements”, published in August 2016, is clearer and more specific than the definitions currently used in title 18, United States Code, and should be used to determine the type of offenses eligible for sealing under the amendments made by this section.

(b) Amendment.—Chapter 229 of title 18, United States Code, is amended by adding at the end the following:

“Sec.
“3641. Definitions; eligible individuals.
“3642. Automatic sealing of records of nonviolent drug offenses.
“3643. Sealing petition.
“3644. Effect of sealing order.

(c) Applicability.—Sections 3642 and 3643 of title 18, United States Code, as added by subsection (b), shall apply with respect to a covered nonviolent offense (as defined in section 3641(a) of such title) that is committed or alleged to have been committed before, on, or after the date of enactment of this Act.

(d) Transition period for hearings deadline.—During the 1-year period beginning on the date of enactment of this Act, section 3643(b)(2)(A) of title 18, United States Code, as added by subsection (b), shall be applied by substituting “1 year” for “180 days”.

(e) Technical and conforming amendment.—The table of subchapters for chapter 229 of title 18, United States Code, is amended by adding at the end the following:

• “E. Sealing of Criminal Records 3641”.

(a) Purpose.—The purpose of this section is to—

(1) protect children and adults against damage stemming from their juvenile acts and subsequent juvenile delinquency records, including law enforcement, arrest, and court records; and

(2) prevent the unauthorized use or disclosure of confidential juvenile delinquency records and any potential employment, financial, psychological, or other harm that would result from such unauthorized use or disclosure.

(b) Definitions.—Section 5031 of title 18, United States Code, is amended to read as follows:

(c) Confidentiality.—Section 5038 of title 18, United States Code, is amended—

(1) in subsection (a), in the flush text following paragraph (6), by inserting after “bonding,” the following: “participation in an educational system,”; and

(2) in subsection (b), by striking “District courts exercising jurisdiction over any juvenile” and inserting the following: “Not later than 7 days after the date on which a district court exercises jurisdiction over a juvenile, the district court”.

(d) Sealing; expungement.—

(1) IN GENERAL.—Chapter 403 of title 18, United States Code, is amended by adding at the end the following:

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table of sections for chapter 403 of title 18, United States Code, is amended by adding at the end the following:

“5044. Sealing.
“5045. Expungement.”.

(3) APPLICABILITY.—Sections 5044 and 5045 of title 18, United States Code, as added by paragraph (1), shall apply with respect to a juvenile nonviolent offense (as defined in section 5031 of such title, as amended by subsection (b)) that is committed or alleged to have been committed before, on, or after the date of enactment of this Act.

(e) Juvenile solitary confinement.—Chapter 403 of title 18, United States Code, as amended by this title, is further amended by striking section 5043 and inserting the following:

(a) Study.—

(1) IN GENERAL.—Not later than 5 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Labor and the Director of the Office of Management and Budget, shall conduct a study on the cost savings and broader economic impact of the sealing and expungement provisions in the amendments made by sections 902, 903, and 906 of this title.

(2) CONSIDERATIONS.—In conducting the study under paragraph (1), the Attorney General shall consider—

(A) the reduction in recidivism and associated cost savings related to corrections and public safety;

(B) increased economic activity by former offenders, including by conducting an analysis of the tax revenue generated by that activity; and

(C) the economic impact on the household of former offenders and the children of former offenders.

(b) Report.—Not later than 5 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the study conducted under subsection (a).

(a) Repeal of ban on assistance.—Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is repealed.

(b) Effect on State elections To opt out or limit period of prohibition.—

(1) DEFINITIONS.—In this subsection—

(A) the term “State” has the meaning given the term in section 115(e) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a(e)) (as in effect on the day before the date of enactment of this Act); and

(B) the term “TANF assistance or SNAP benefits” means assistance or benefits referred to in section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (as in effect on the day before the date of enactment of this Act).

(2) EFFECT.—A law enacted by a State under the authority under subparagraph (A) or (B) of subsection (d)(1) of section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) (as in effect on the day before the date of enactment of this Act), and any State law or regulation enacted to carry out the requirements of such section (as then in effect), that imposes conditions on eligibility for TANF assistance or SNAP benefits shall have no force or effect.

(a) COPS grants priority.—Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended—

(1) in subsection (c)—

(A) in paragraph (2), by striking “or” at the end;

(B) in paragraph (3), by striking the period at the end and inserting “; or”; and

(C) by adding at the end the following:

“(4) subject to subsection (n)(1), from an applicant in a State that has in effect—

“(A) a law relating to the confidentiality, sealing, and expungement of juvenile records that is substantially similar to, or more generous to the former offender than, the amendments made by subsections (b) through (d) of section 903 of the Record Expungement Designed to Enhance Employment Act of 2019;

“(B) a law prohibiting juvenile solitary confinement that is substantially similar to, or more restrictive than, the amendment made by subsection (e) of section 903 of the Record Expungement Designed to Enhance Employment Act of 2019;

“(C) a law relating to the sealing of adult records that is substantially similar to, or more generous to the former offender than, the amendments made by section 902 of the Record Expungement Designed to Enhance Employment Act of 2019;

“(D) subject to subsection (n)(2), a law that establishes that an adult criminal court may not have original jurisdiction over an individual who was less than 18 years of age when the individual committed an offense;

“(E) a law that allows an individual who has successfully sealed or expunged a criminal record to be free from civil and criminal perjury laws; or

“(F) a law or policy that ensures to the maximum extent practicable, for juveniles who have been arrested for or convicted of a criminal offense—

“(i) equal sentencing guidelines, without regard to gender; and

“(ii) equal access, without regard to gender, to services, assistance, or benefits provided.”; and

(2) by adding at the end the following:

“(n) Rules for preferential consideration of States with laws similar to REDEEM Act.—

“(1) DEGREE OF PRIORITY COMMENSURATE WITH DEGREE OF COMPLIANCE.—If the Attorney General, in awarding grants under this part, gives preferential consideration to any application as authorized under subsection (c)(4), 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 satisfied, relative to the number of such subparagraphs that each other State has satisfied.

“(2) JUVENILE TRANSFER PROVISIONS.—Subsection (c)(4)(D) shall not be construed to preclude from preferential consideration an application from an applicant in a State that—

“(A) has in effect a law that authorizes the transfer of an individual who is less than 18 years of age to adult criminal court if the individual commits a specified offense or an offense that falls under a specified category of offenses; or

“(B) exercises other case-specific transfer mechanisms.”.

(b) 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 (4) of section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(c)), as added by subsection (a).

(a) Dispositions.—Section 5037 of title 18, United States Code, is amended by adding at the end the following:

“(f) Gender equality.—

“(1) 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 cases.

“(2) DIRECTIVE TO SENTENCING COMMISSION AND COURTS.—The United States Sentencing Commission, in promulgating sentencing guidelines and policy statements applicable to dispositions of district courts exercising jurisdiction over juveniles, and the courts, in determining such dispositions, shall take care to avoid and remedy any disparities described in paragraph (1).”.

(b) Commitments.—Section 5039 of title 18, United States Code, is amended, in the second paragraph, by adding at the end the following: “The Attorney General shall promulgate regulations that ensure, to the maximum extent practicable, equal access, without regard to gender, to services, assistance, or benefits provided, to juveniles who have been arrested under Federal authority, or committed pursuant to an adjudication under this chapter, for juvenile delinquency.”.

(a) In general.—Section 534 of title 28, United States Code, as amended by title VIII, is amended by adding at the end the following:

“(h) Ensuring accuracy in the FBI background check system.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘applicant’ means the individual to whom a record sought to be exchanged pertains;

“(B) the term ‘incomplete’, with respect to a record, means the record—

“(i) indicates that an individual was arrested but does not describe the offense for which the individual was arrested; or

“(ii) 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 reached;

“(C) the term ‘record’ means a record or other information collected under this section;

“(D) the term ‘reporting jurisdiction’ means any person or entity that provides a record to the Attorney General under this section; and

“(E) the term ‘requesting entity’—

“(i) means a person or entity that seeks the exchange of a record for civil purposes that include employment, occupational licensing, occupational certification, housing, credit, or any other type of application; and

“(ii) does not include a law enforcement or intelligence agency that seeks the exchange of a record for—

“(I) investigative purposes; or

“(II) purposes relating to law enforcement employment.

“(2) 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 section.

“(3) REQUIRED PROCEDURES.—The procedures established under paragraph (2) shall include the following:

“(A) INACCURATE RECORD OR INFORMATION.—If the Attorney General determines that a record is inaccurate, the Attorney General shall, not later than 10 days after the date on which the requesting entity requests the exchange and before the exchange is made, promptly correct the record, including by making deletions to the record if appropriate.

“(B) INCOMPLETE RECORD.—

“(i) IN GENERAL.—If the Attorney General determines that a record is incomplete or cannot be verified, the Attorney General—

“(I) shall attempt to complete or verify the record; and

“(II) if unable to complete or verify the record, may promptly make any changes or deletions to the record.

“(ii) LACK OF DISPOSITION OF ARREST.—For purposes of this subparagraph, an incomplete record includes a record that indicates there was an arrest and does not include the disposition of the arrest.

“(iii) OBTAINING DISPOSITION OF ARREST.—If the Attorney General determines that a record is an incomplete record described in clause (ii), the Attorney General shall, not later than 10 days after the date on which the requesting entity requests the exchange and before the exchange is made, obtain the disposition (if any) of the arrest.

“(C) NOTIFICATION OF REPORTING JURISDICTION.—The Attorney General shall notify each appropriate reporting jurisdiction of any action taken under subparagraph (A) or (B).

“(D) OPPORTUNITY TO REVIEW RECORDS BY APPLICANT.—In connection with an exchange of a record under this section, the Attorney General shall—

“(i) obtain the consent of the applicant to exchange the record with the requesting entity;

“(ii) at the time of consent, notify the applicant that the applicant can obtain a copy of the record;

“(iii) provide to the applicant an opportunity to—

“(I) obtain a copy of the record upon request; and

“(II) challenge the accuracy and completeness of the record;

“(iv) promptly notify the requesting entity of any such challenge;

“(v) not later than 30 days after the date on which the challenge is made, complete an investigation of the challenge;

“(vi) provide to the applicant the specific findings and results of that investigation;

“(vii) promptly make any changes or deletions to the records required as a result of the challenge; and

“(viii) report those changes to the requesting entity.

“(E) CERTAIN EXCHANGES PROHIBITED.—An exchange shall not include any record—

“(i) about an arrest more than 2 years old as of the date of the request for the exchange, that does not also include a disposition (if any) of that arrest;

“(ii) relating to an adult or juvenile non-serious offense of the sort described in section 20.32(b) of title 28, Code of Federal Regulations, as in effect on July 1, 2009; or

“(iii) to the extent the record is not clearly an arrest or a disposition of an arrest.

“(4) 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 purposes, including any costs associated with the investigation of inaccurate or incomplete records.”.

(b) Regulations on reasonable procedures.—Not later than 1 year after the date of enactment of this Act, the Attorney General shall issue regulations to carry out section 534(h) of title 28, United States Code, as added by subsection (a).

(c) Report.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of subsection (h) of section 534 of title 28, United States Code, as added by subsection (a), that includes—

(1) the number of exchanges of records for civil purposes made with entities in each State through the records system created under such section 534;

(2) any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests; and

(3) the numbers of successful and unsuccessful challenges to the accuracy and completeness of records, organized by State of origination of each record.

(a) In general.—Not later than 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Labor and the Director of the Office of Personnel Management, shall submit to Congress a report on each Federal statute, regulation, or policy that authorizes a restriction on, or disqualification of, an applicant for employment or for a Federal license or permit based on the criminal record of the applicant.

(b) Identification of information.—In the report submitted under subsection (a), the Attorney General shall—

(1) identify each occupation, position, license, or permit to which a restriction or disqualification described in subsection (a) applies; and

(2) for each occupation, position, license, or permit identified under paragraph (1), include—

(A) a description of the restriction or disqualification;

(B) the duration of the restriction or disqualification;

(C) an evaluation of the rationale for the restriction or disqualification and its continuing usefulness;

(D) the procedures, if any, to appeal, waive, or exempt the restriction or disqualification based on a showing of rehabilitation or other relevant evidence;

(E) any information available about the numbers of individuals restricted or disqualified on the basis of a criminal record; and

(F) the identity of the Federal agency with jurisdiction over the restriction or disqualification.

This title may be cited as the “Democracy Restoration Act of 2019”.

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 of the United States grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court of the United States.

(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 of the United States empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution of the United States provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

(4) There are 3 areas where 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; and

(C) State disenfranchisement laws disproportionately impact racial and ethnic minorities.

(5) Two States do not disenfranchise individuals with criminal convictions at all (Maine and Vermont), but 48 States and the District of Columbia 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 34 States, convicted individuals may not vote while they are on parole and 30 of those States disenfranchise individuals on felony probation as well. In 10 States, a conviction can result in lifetime disenfranchisement.

(7) Several States deny the right to vote to individuals convicted of certain misdemeanors.

(8) In 2016, an estimated 6,100,000 citizens of the United States, or about 1 in 40 adults in the United States, could not vote as a result of a felony conviction. Of the 6,100,000 citizens barred from voting, only approximately 22 percent were in prison. By contrast, roughly 77 percent of the dis­en­fran­chised reside in their communities while on probation or parole or after having completed their sentences. Approximately 3,100,000 citizens who completed their sentences remain disenfranchised due to restrictive State laws. In six States—Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia—more than 7 percent of the total population is disenfranchised. As of November 2018, the lifetime ban for felons was eliminated through a Florida ballot initiative. As a result, 1,400,000 people had their voting rights restored.

(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. As of 2016, more than 7 percent of the voting-age African-American population, or 2,200,000 African Americans, were disenfranchised. One out of every 13 African Americans were unable to vote because of felony disenfranchisement, which is a rate more than 4 times greater than non-African Americans. 7.4 percent of African Americans are dis­en­fran­chised whereas only 1.8 percent of non-African Americans were. In 2016, in 4 States—Florida (23 percent), Kentucky (22 percent), Tennessee (21 percent), and Virginia (20 percent)—more than 1 in 5 African Americans were unable to vote because of prior convictions.

(11) Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. If current incarceration trends hold, the lifetime likelihood of incarceration for males born in 2011 is 17 percent for Latinos, in contrast to less than 6 percent of non-Latino White men. When analyzing the data across 10 States, Latinos generally have disproportionately higher rates of disenfranchisement compared to their presence in the voting age population. In 6 out of 10 States studied in 2003, Latinos constitute more than 10 percent of the total number of persons disenfranchised by State felony laws. In 4 States (California, 37 percent; New York, 34 percent; Texas, 30 percent; and Arizona, 27 percent), Latinos were disenfranchised by a rate of more than 25 percent.

(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.

In this title:

(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) 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.

(3) 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.

(4) 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.

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 election.

(a) 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 title.

(b) Private right of action.—

(1) 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 involved.

(2) RELIEF.—Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), 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.

(3) 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 paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation.

(a) State notification.—

(1) NOTIFICATION.—On the date determined under paragraph (2), 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 election.

(2) DATE OF NOTIFICATION.—

(A) FELONY CONVICTION.—In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) 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).

(B) MISDEMEANOR CONVICTION.—In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court.

(b) Federal notification.—

(1) NOTIFICATION.—Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) 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 election.

(2) DATE OF NOTIFICATION.—

(A) FELONY CONVICTION.—In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) 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.

(B) MISDEMEANOR CONVICTION.—In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress.

(a) 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 title.

(b) Certain Federal Acts.—The rights and remedies established by this title are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this title 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 (52 U.S.C. 20501).

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 State, unit of local government, or person—

(1) is in compliance with section 1004; and

(2) 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 1004.

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 Act.

This title may be cited as the “New Pathways Act”.

Section 231(b) of the Second Chance Act of 2007 (34 U.S.C. 60541(b)) is amended to read as follows:

“(b) Identification and release assistance for Federal prisoners.—

“(1) DEFINITIONS.—In this subsection—

“(A) the term ‘community confinement’ means residence in a community treatment center, halfway house, restitution center, mental health facility, alcohol or drug rehabilitation center, or other community facility;

“(B) the term ‘direct-release prisoner’ means a prisoner who is scheduled for release and will not be placed in prerelease custody;

“(C) the term ‘noncitizen covered individual’—

“(i) means an individual in the custody of the Bureau of Prisons or sentenced to a term in community confinement who—

“(I) is lawfully present and eligible for employment authorization in the United States; and

“(II) has a document demonstrating that the individual will have a place of residence upon release; and

“(ii) includes an alien lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), a refugee (as defined in that section of that Act), and an asylee; and

“(D) 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—

“(i) a social security card;

“(ii) a document described in paragraph (2)(B)(ii) as proof of United States citizenship; and

“(iii) a document demonstrating that the individual will have a place of residence upon release.

“(2) OBTAINING IDENTIFICATION FOR UNITED STATES CITIZENS.—

“(A) IN GENERAL.—With respect to a United States citizen covered individual, the Director shall provide a photo identification card, which shall comply with the minimum requirements described in section 202(b) of the REAL ID Act of 2005 (49 U.S.C. 30301 note), prior to—

“(i) the release of the United States citizen covered individual from a term of imprisonment in a Federal prison; or

“(ii) the release of the United States citizen covered individual from a sentence to a term in community confinement.

“(B) ASSISTANCE IN OBTAINING DOCUMENTS.—

“(i) IN GENERAL.—Subject to clause (iii), for the purpose of issuing an identification card under this subsection, the Director shall obtain, on behalf of United States citizen covered individuals—

“(I) a social security card; and

“(II) a document described in clause (ii) as proof of United States citizenship.

“(ii) PROOF OF UNITED STATES CITIZENSHIP.—A document described in this clause is—

“(I) a United States passport;

“(II) 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 States;

“(III) in the case of a United States citizen born inside the United States for whom a document described in subclause (I) or (II) is not available, any document described in subsection (a), (b), or (c) of section 435.407 of title 42, Code of Federal Regulations, or any successor thereto; or

“(IV) in the case of a United States citizen born outside the United States, an original or certified copy of—

“(aa) a certificate of naturalization (Form N–550 or N–570);

“(bb) a consular report of birth abroad (Form FS–240);

“(cc) a certification of birth abroad (Form FS–545);

“(dd) a certification of report of birth (Form DS–1350); or

“(ee) a certificate of citizenship (Form N–560).

“(iii) EXCEPTIONS.—

“(I) LACK OF RESPONSE FROM FEDERAL OR STATE AGENCY.—If the Director cannot obtain a copy of a document required under clause (i) because of inaction by the Federal or State agency from which the document was requested, the Director shall provide to the United States citizen covered individual—

“(aa) a written statement that explains what steps the Director took in trying to obtain the document; and

“(bb) any documents transmitted to the Director by the Federal or State agency in response to the request for the document.

“(II) LACK OF AUTHORIZATION FROM UNITED STATES CITIZEN COVERED INDIVIDUAL.—If the Director cannot obtain a copy of a document required under clause (i) because the United States citizen covered individual does not provide the authorization required to obtain the document, the Director shall provide a written statement to the United States citizen covered individual that explains why the document was not obtained.

“(C) PROVISION OF DOCUMENTS.—Upon issuance of an identification card to a covered individual under this paragraph, the Director shall provide all documents obtained for the United States citizen covered individual under subparagraph (B).

“(3) OBTAINING DOCUMENTS FOR NONCITIZENS.—

“(A) IN GENERAL.—With respect to a noncitizen covered individual, the Director shall assist in obtaining from the Director of the U.S. Citizenship and Immigration Services—

“(i) proof of lawful status in the United States of the noncitizen covered individual; and

“(ii) in the case of a noncitizen covered individual who is not admitted for lawful permanent residence, an employment authorization document.

“(B) ASSISTANCE.—The assistance provided by the Director under subparagraph (A) shall include—

“(i) providing the noncitizen covered individual with applicable U.S. Citizenship and Immigration Services forms and instructions; and

“(ii) assisting the noncitizen covered individual in completing and submitting such forms, together with any required supporting documentation.

“(C) PROVISION OF DOCUMENTS.—Upon receipt of a document for a noncitizen covered individual under this paragraph, the Director shall provide such document to the noncitizen covered individual.

“(4) ASSISTANCE DEVELOPING RELEASE PLAN.—At the request of a direct-release prisoner, a representative of the United States Probation System shall, prior to the release of that prisoner, help that prisoner develop a release plan.”.

This title may be cited as the “Police Reporting Information, Data, and Evidence Act of 2019” or the “PRIDE Act”.

In this title:

(1) BYRNE GRANT PROGRAM.—The term “Byrne grant program” means any grant program 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.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.

(2) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).

(3) LAW ENFORCEMENT OFFICER.—The term “law enforcement officer” means any officer, agent, or employee of a State, unit of local government, or Indian Tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law.

(4) STATE.—The term “State” has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).

(5) USE OF FORCE.—The term “use of force” includes the use of a firearm, Taser, explosive device, chemical agent (such as pepper spray), baton, impact projectile, blunt instrument, hand, fist, foot, canine, or vehicle against an individual.

(a) Reporting requirements.—

(1) 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 program, the State or Indian Tribe shall—

(A) report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding—

(i) any incident involving the shooting of a civilian by a law enforcement officer who is employed—

(I) in the case of an Indian Tribe, by the Indian Tribe; or

(II) in the case of a State, by the State or by a unit of local government in the State;

(ii) any incident involving the shooting of a law enforcement officer described in clause (i) by a civilian; and

(iii) any incident in which use of force by or against a law enforcement officer described in clause (i) occurs, which is not reported under clause (i) or (ii);

(B) establish a system and a set of policies to ensure that all use of force incidents are reported by law enforcement officers; and

(C) submit to the Attorney General a plan for the collection of data required to be reported under this section, including any modifications to a previously submitted data collection plan.

(2) REPORT INFORMATION REQUIRED.—

(A) IN GENERAL.—The report required under paragraph (1)(A) shall contain information that includes, at a minimum—

(i) the national origin, sex, race, ethnicity, age, physical disability, mental disability, English language proficiency, housing status, and school status of each civilian against whom a law enforcement officer used force;

(ii) the date, time, and location, including zip code, of the incident and whether the jurisdiction in which the incident occurred allows for the open-carry or concealed-carry of a firearm;

(iii) whether the civilian was armed, and, if so, the type of weapon the civilian had;

(iv) the type of force used against the officer, the civilian, or both, including the types of weapons used;

(v) the reason force was used;

(vi) a description of any injuries sustained as a result of the incident;

(vii) the number of officers involved in the incident;

(viii) the number of civilians involved in the incident; and

(ix) a brief description regarding the circumstances surrounding the incident, which shall include information on—

(I) the type of force used by all involved persons;

(II) the legitimate police objective necessitating the use of force;

(III) the resistance encountered by each law enforcement officer involved in the incident;

(IV) the efforts by law enforcement officers to—

(aa) de-escalate the situation in order to avoid the use of force; or

(bb) minimize the level of force used; and

(V) if applicable, the reason why efforts described in subclause (IV) were not attempted.

(B) INCIDENTS REPORTED UNDER DEATH IN CUSTODY REPORTING ACT.—A State is not required to include in a report under subsection (a)(1) an incident reported by the State in accordance with section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12104(a)(2)).

(3) AUDIT OF USE-OF-FORCE REPORTING.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, each State and Indian Tribe described in paragraph (1) shall—

(A) conduct an audit of the use of force incident reporting system required to be established under paragraph (1)(B); and

(B) submit a report to the Attorney General on the audit conducted under subparagraph (A).

(4) COMPLIANCE PROCEDURE.—Prior to submitting a report under paragraph (1)(A), the State or Indian Tribe submitting such report shall compare the information compiled to be reported pursuant to clause (i) of paragraph (1)(A) to open-source data records, and shall revise such report to include any incident determined to be missing from the report based on such comparison. Failure to comply with the procedures described in the previous sentence shall be considered a failure to comply with the requirements of this section.

(b) Ineligibility for funds.—

(1) IN GENERAL.—For any fiscal year in which a State or Indian Tribe fails to comply with this section, the State or Indian Tribe, at the discretion of the Attorney General, shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the State or Indian Tribe under a Byrne grant program.

(2) REALLOCATION.—Amounts not allocated under a Byrne grant program in accordance with paragraph (1) 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 section.

(c) Public availability of data.—

(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under this section.

(2) PRIVACY PROTECTIONS.—Nothing in this subsection shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”).

(d) Guidance.—Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection (a)(2), which shall include standard and consistent definitions for terms, including the term “use of force” which is consistent with the definition of such term in section 1202.

(a) Grants authorized.—The Attorney General may make grants to eligible law enforcement agencies to be used for the activities described in subsection (c).

(b) Eligibility.—In order to be eligible to receive a grant under this section a law enforcement agency shall—

(1) be located in a State or Indian Tribe that receives funds under a Byrne grant program;

(2) employ not more that 100 law enforcement officers;

(3) demonstrate that the use of force policy for law enforcement officers employed by the law enforcement agency is publicly available; and

(4) 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 agency.

(c) Activities described.—A grant made under this section may be used by a law enforcement agency for—

(1) 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 1203;

(2) the cost of establishing necessary systems required to investigate and report incidents as required under subsection (b)(4);

(3) public awareness campaigns designed to gain information from the public on use of force by or against law enforcement officers, including shootings, which may include tip lines, hotlines, and public service announcements; and

(4) use of force training for law enforcement agencies and personnel, including training on de-escalation, implicit bias, crisis intervention techniques, and adolescent development.

(a) In general.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, 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 903(a)(1) is in compliance with the requirements of this title.

(b) Consistency in data reporting.—

(1) 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 civilians.

(2) GUIDELINES.—The Attorney General shall—

(A) issue guidelines on the reporting requirement under section 1203; and

(B) seek public comment before finalizing the guidelines required under subparagraph (A).

There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this title.

This title may be cited as the “End Racial and Religious Profiling Act of 2019” or “ERRPA”.

In this title:

(1) COVERED PROGRAM.—The term “covered program” means any program or activity funded in whole or in part with funds made available under—

(A) the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); and

(B) the “Cops on the Beat” program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.), except that no program, project, or other activity specified in section 1701(b)(13) of such part shall be a covered program under this paragraph.

(2) GOVERNMENTAL BODY.—The term “governmental body” means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian Tribal government.

(3) HIT RATE.—The term “hit rate” means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or something else that leads to an arrest. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. The hit rate is complementary to the rate of false stops.

(4) INDIAN TRIBE.—The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).

(5) LAW ENFORCEMENT AGENCY.—The term “law enforcement agency” means any Federal, State, local, or Indian Tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws.

(6) LAW ENFORCEMENT AGENT.—The term “law enforcement agent” means any Federal, State, local, or Indian Tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency.

(7) RACIAL PROFILING.—The term “racial profiling” means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, 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 procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme.

(8) ROUTINE OR SPONTANEOUS INVESTIGATORY ACTIVITIES.—The term “routine or spontaneous investigatory activities” means the following activities by a law enforcement agent:

(A) Interviews.

(B) Traffic stops.

(C) Pedestrian stops.

(D) Frisks and other types of body searches.

(E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians.

(F) Data collection and analysis, assessments, and predicated investigations.

(G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out.

(H) Immigration-related workplace investigations.

(I) Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics.

(9) REASONABLE REQUEST.—The term “reasonable request” means all requests for information, except for those that—

(A) are immaterial to the investigation;

(B) would result in the unnecessary disclosure of personal information; or

(C) would place a severe burden on the resources of the law enforcement agency given its size.

(10) STATE.—The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.

(11) UNIT OF LOCAL GOVERNMENT.—The term “unit of local government” means—

(A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State;

(B) any law enforcement district or judicial enforcement district that—

(i) is established under applicable State law; and

(ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or

(C) any Indian Tribe that performs law enforcement functions, as determined by the Secretary of the Interior.

No law enforcement agent or law enforcement agency shall engage in racial profiling.

(a) Remedy.—The United States, or an individual injured by racial profiling, may enforce this subtitle in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.

(b) Parties.—In any action brought under this subtitle, relief may be obtained against—

(1) any governmental body that employed any law enforcement agent who engaged in racial profiling;

(2) any agent of such body who engaged in racial profiling; and

(3) any person with supervisory authority over such agent.

(c) 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 1302(7) shall constitute prima facie evidence of a violation of this subtitle.

(d) Attorney’s fees.—In any action or proceeding to enforce this subtitle against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee.

(a) In general.—Federal law enforcement agencies shall—

(1) maintain adequate policies and procedures designed to eliminate racial profiling; and

(2) cease existing practices that permit racial profiling.

(b) Policies.—The policies and procedures described in subsection (a)(1) shall include—

(1) a prohibition on racial profiling;

(2) training on racial profiling issues as part of Federal law enforcement training;

(3) the collection of data in accordance with the regulations issued by the Attorney General under section 1341;

(4) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and

(5) any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies.

(a) In general.—An application by a State, a unit of local government, or a State, local, or Indian Tribal law enforcement agency for funding under a covered program shall include a certification that such State, unit of local government, or law enforcement agency, and any law enforcement agency to which it will distribute funds—

(1) maintains adequate policies and procedures designed to eliminate racial profiling; and

(2) has eliminated any existing practices that permit or encourage racial profiling.

(b) Policies.—The policies and procedures described in subsection (a)(1) shall include—

(1) a prohibition on racial profiling;

(2) training on racial profiling issues as part of law enforcement training;

(3) the collection of data in accordance with the regulations issued by the Attorney General under section 1341; and

(4) participation in an administrative complaint procedure or independent audit program that meets the requirements of section 1332.

(c) Effective date.—This section shall take effect 12 months after the date of enactment of this Act.

(a) Regulations.—

(1) IN GENERAL.—Not later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, Tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, 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 agencies.

(2) GUIDELINES.—The regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs.

(b) 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 1331 or the regulations issued under subsection (a), the Attorney General shall withhold, in whole or in part (at the discretion of the Attorney General), funds for one or more grants to the recipient under the covered program, until the recipient establishes compliance.