Title III — S. 421 (Introduced in Senate)

Sec. 301 Expungement of criminal records for certain marijuana-related offenses

(a)

Short title— This section may be cited as the “Clean Slate for Marijuana Offenses Act of 2019”.

(b)

Expungement— Chapter 229 of title 18, United States Code, is amended by inserting after subchapter C the following:

“D Expungement

“3631. Expungement of certain criminal records in limited circumstances

“(a) In general—Any individual convicted of a qualifying marijuana-related offense who fulfills the requirements of section 3632 may, upon petition for expungement made in accordance with this subchapter, obtain an order granting expungement under this subchapter.

“(b) Definition of qualifying marijuana-Related offense—In this subchapter, the term “qualifying marijuana-related offense” means an offense against the United States in which the conduct constituting the offense—

“(1) was legal under the State law or the law of the Indian tribe at the time of the offense; or

“(2) was the possession of marijuana in a quantity not greater than 1 ounce.

“(c) Definitions—In this subchapter—

“(1) the term Indian country has the meaning given the term in section 1151;

“(2) the term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); and

“(3) the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

“3632. Requirements for expungement

“No individual shall be eligible for an order of expungement under this subchapter unless, before filing a petition under this subchapter, such individual fulfills all requirements of the sentence for the conviction for which expungement is sought, including completion of any term of imprisonment or period of probation, meeting all conditions of a supervised release, and paying all fines.

“3633. Procedure for expungement

“(a) Petition—An individual may file a petition for expungement of a conviction in the court in which the conviction was obtained. A copy of the petition shall be served by the court upon the United States Attorney for the judicial district of that court.

“(b) Opportunity for Government To contest petition—Not later than 60 days after the date a copy of a petition is served on the Government under subsection (a), the Government may, if the Government determines the facts do not support the petition, inform the court and the petitioner that the Government opposes granting expungement. If the Government does so inform the court and the petitioner, the court shall allow the Government and the petitioner an opportunity to present evidence and argument relating to the petition.

“(c) Court-Ordered expungement—If, after the passage of the 60-day period described in subsection (a) or earlier, if the Government informs the court it will not oppose granting expungement or if proceedings related to that opposition have been completed, the court determines the preponderance of the evidence before the court supports the granting of expungement under this subchapter, the court shall issue an order granting that expungement. If the court determines the petition is not supported by the preponderance of the evidence before the court, the court shall deny the petition.

“3634. Effect of expungement

“(a) In general—An order granting expungement under this subchapter restores the individual concerned, in the contemplation of the law, to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted.

“(b) No disqualification; statements—After an order under this subchapter granting expungement of an individual’s criminal records, that individual is not required to divulge information pertaining to the expunged conviction. The fact that such individual has been convicted of the criminal offense concerned shall not operate as a disqualification of that individual to pursue or engage in any lawful activity, occupation, or profession. Such individual is not guilty of any perjury, false answering, or making a false statement by reason of that individual’s failure to recite or acknowledge such arrest or institution of criminal proceedings, or results thereof, in response to an inquiry made of that individual for any purpose.

“(c) Records To be destroyed—Except as provided in section 3635, upon order of expungement, all official law enforcement and court records, including all references to such person’s arrest for the offense, the institution of criminal proceedings against the individual, and the results thereof, except publicly available court opinions or briefs on appeal, shall be permanently destroyed.

“3635. Disclosure of expunged records

“(a) Index To assist authorized disclosure—The Department of Justice shall maintain a nonpublic manual or computerized record of expungement under this subchapter containing only the name of, and alphanumeric identifiers selected by the Department of Justice that relate to, the persons who obtained expungement under this subchapter, and the order of expungement.

“(b) Authorized disclosure to individual—Information in the index shall be made available only to the individual to whose expungement it pertains or to such individual’s designated agent.

“(c) Punishment for improper disclosure—Whoever knowingly discloses information relating to an expunged conviction other than as authorized in this subchapter shall be fined under this title or imprisoned not more than one year, or both.”

(c)

Clerical amendment— The table of subchapters at the beginning of chapter 229 of title 18, United States Code, is amended by adding at the end the following item:

(d)

Effective Date— The amendments made by this section apply to individuals convicted of an offense before, on, or after the date of enactment of this Act.

Sec. 302 Limit on drug testing for applicants for Federal employment

(a)

Definition— In this section, the term covered position means a position in the civil service (as defined in section 2101 of title 5, United States Code).

(b)

Prohibition— If an applicant for a covered position used marijuana in accordance with the law of a State or the law of an Indian tribe that has jurisdiction over the Indian country in which the use occurred, before, on, or after the date on which the application is submitted, no agency, establishment, or other appointing authority in the executive, legislative, or judicial branch of the Federal Government may—

(1)

require the applicant to submit to a test that screens for the use of marijuana; or

(2)

in determining whether to appoint the applicant to the covered position—

(A)

use the results of a test indicating that an applicant for a covered position used marijuana, in whole or in part; or

(B)

use any evidence that the applicant used marijuana.

Sec. 303 Fair access to education

(a)

Short title— This section may be cited as the “Fair Access to Education Act of 2019”.

(b)

Exclusion of misdemeanor marijuana possession offenses from drug-Related offenses resulting in suspension of eligibility for financial assistance for higher education— Section 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)(1)) is amended by inserting after “controlled substance” the following: “, but not including any misdemeanor offense for possession of marihuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)),”.

(c)

Applicability; resumption of eligibility—

(1)

Applicability— The amendment made by subsection (a) shall apply to convictions for offenses described in the matter inserted by such amendment occurring before, on, and after the date of enactment of this Act.

(2)

Resumption of eligibility— Any student whose eligibility for grants, loans, and work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) was suspended under section 484(1) of such Act by reason of a conviction, before the date of enactment of this Act, for an offense described in the matter inserted by the amendment made by subsection (a) shall, unless otherwise ineligible for such assistance, resume eligibility upon such date of enactment.

Sec. 304 Civil forfeiture exemption for marijuana facilities authorized by State law

Section 511(a)(7) of the Controlled Substances Act (21 U.S.C. 881(a)(7)) is amended—

(1)

by striking “(7) All” and inserting “(7)(A) Except as provided in subparagraph (B), all”; and

(2)

by adding at the end the following:

“(B) No real property, including any right, title, and interest in the whole of any lot or tract of land and any appurtenances or improvements, shall be subject to forfeiture under subparagraph (A) due to marijuana-related conduct that is authorized by State law or the law of the Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), that has jurisdiction over the Indian country, as defined in section 1151 of title 18, United States Code, in which the conduct occurs.”

Sec. 305 Prohibition on inadmissibility or deportation of aliens who comply with State law

(a)

Prohibition on inadmissibility— Section 212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)(II)) is amended by inserting “other than an act involving marijuana that is permitted under the laws of a State or the law of an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), that has jurisdiction over the Indian country, as defined in section 1151 of title 18, United States Code, in which the act occurs” after “802)),”.

(b)

Prohibition on deportation— Section 237(a)(2)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(B)(i)) is amended by striking “marijuana,” and inserting “marijuana or an offense involving marijuana that is permitted under the laws of a State or the law of an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), that has jurisdiction over the Indian country, as defined in section 1151 of title 18, United States Code, in which the offense occurs”.

Sec. 306 Drug-related criminal activity in federally assisted housing

(a)

In general— Section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)) is amended—

(1)

by striking paragraph (9) and inserting the following:

“(9) Drug-related criminal activity—The term drug-related criminal activity—

“(A) means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); and

“(B) does not include the manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use, of marijuana if such activity is conducted in compliance with State law or the law of the Indian tribe that has jurisdiction over the Indian country where the activity occurs.”

(2)

by adding at the end the following:

“(14) Indian country—The term Indian country has the meaning given the term in section 1151 of title 18, United States Code.

“(15) Indian tribe—The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(16) Marijuana—The term marijuana has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).”

(b)

Technical and conforming amendments—

(1)

Quality Housing and Work Responsibility Act of 1998— Section 576 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661) is amended by striking “(as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))”.

(2)

United States Housing Act of 1937— The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended—

(A)

in section 6(l) (42 U.S.C. 1437d(l))—

(i)

by redesignating the second paragraph designated as paragraph (7) (relating to violations as cause for termination of tenancy) as paragraph (8);

(ii)

in paragraph (9), by redesignating paragraph (2) as subparagraph (B), and adjusting the margins accordingly; and

(iii)

by striking the flush text following paragraph (9)(B), as so redesignated; and

(B)

in section 8(f) (42 U.S.C. 1437f(f))—

(i)

by striking paragraph (5); and

(ii)

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

Title III — Individual protections

III Individual protections