The Bill: Drug Policy Reform Act of 2

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A BILL: we are going to revise this bill: Drug Policy Reform Act of 2026: to include the judges charges of misdemeanors as apposed to felonies.

https://www.congress.gov/117/bills/hr4020/BILLS-117hr4020ih.htm: The Drug Policy Reform Act of 2026.

Sponsor: Rep. Bonnie Watson Coleman (D-NJ), with Reps. Cori Bush, Gwen Moore, Bennie Thompson, Ayanna Pressley, Alexandria Ocasio-Cortez, Adriano Espaillat, Barbara Lee, Ilhan Omar, Jamaal Bowman, Rashida Tlaib Status: Introduced in House; referred to committee; did not pass. Not enacted. Source: U.S. Government Publishing Office (public record, no copyright)

“Drug Policy Reform Act of 2021” or “DPR Act of 2021”

[From the U.S. Government Publishing Office]

[Congressional Bills 117th Congress] [From the U.S. Government Publishing Office] [H.R. 4020 Introduced in House (IH)] <DOC> 117th CONGRESS 1st Session

1st Session

H. R. 4020

To reform United States drug policy, and for other purposes.

___________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 17, 2021

Mrs. Watson Coleman (for herself, Ms. Bush, Ms. Moore of Wisconsin, Mr.

Thompson of Mississippi, Ms. Pressley, Ms. Ocasio-Cortez, Mr.

Espaillat, Ms. Lee of California, Ms. Omar, Mr. Bowman, and Ms. Tlaib)

introduced the following bill; which was referred to the Committee on

the Judiciary, and in addition to the Committees on Energy and

Commerce, Oversight and Reform, Financial Services, Transportation and

Infrastructure, House Administration, Armed Services, and the Budget,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

To reform United States drug policy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Drug Policy Reform Act of 2021” or

as the “DPR Act of 2021”.

SEC. 2. FINDINGS.

Congress finds the following:

(1) For most of the past century the United States has

adopted increasingly punitive policies toward the possession,

use, and distribution of drugs. Particularly in the last 50

years, the United States has built a massive regime to enforce

those policies.

(2) Congress and State legislatures have adopted

increasingly harsh sentencing schemes such as mandatory

minimums, established far-reaching and oppressive civil

sanctions and collateral consequences, approved policies

weakening the Fourth Amendment for drug searches and seizures,

and fostered incentives for aggressive and militarized policing

in the alleged pursuit of drugs.

(3) Every year, there are more than 1.4 million arrests in

the United States for drug-related offenses. In over 85 percent

of those arrests, drug possession was the most serious offense.

Drug arrests disproportionately impact people of color and more

commonly occur in historically overpoliced, low-income

communities. A criminal record, even for an arrest that did not

result in a conviction, has a profound impact on individuals,

often interrupting employment, housing, family relationships,

child custody, and education.

(4) A health-based approach to drug use and overdose is

more effective, humane and cost-effective than criminal

punishments. Subjecting people to criminal penalties, stigma,

and other lasting collateral consequences because they use

drugs is expensive, ruins lives, and can make access to

treatment and recovery more difficult.

(5) Despite high numbers of arrests and incarceration in

the United States for drug possession, the number and rate of

drug-involved overdose deaths has skyrocketed for over 20 years

and continues at epidemic levels. In 2019, 70,630 people died

by drug overdose in the United States.

(6) Harm reduction services and voluntary, on-demand access

to evidence-based substance use disorder treatment have proven

highly effective in reducing overdose and the spread of

communicable diseases like HIV and Hepatitis C, preventing

drug-related injury, and improving health outcomes for people

who use drugs. These services should be available on demand to

anyone who requests it.

(7) Far too many people who desire treatment face

challenges that prevent them from accessing the services they

want, including cost barriers, lack of providers, and long

wait-lists. On-demand access to evidence-based treatment saves

lives, reduces crime, and saves money. Barriers to treatment

should be removed or minimized.

(8) Criminalizing drug use and possession reduces the

amount of resources available for harm reduction and treatment

services and deters people from accessing available services

due to fear of arrest.

(9) Punitive policies have achieved no reduction in

supplies or prices, but instead have created unnecessarily

risky and harmful conditions for people who use drugs.

(10) Punitive policies have led to militarized tactics that

thwart the spirit of the constitution and have led to the

deaths of countless Black and Brown people. Additionally, the

drug war apparatus has cost the Federal Government hundreds of

billions of dollars in direct enforcement and incarceration

costs, and collateral impacts on the lives of those caught in

its path.

(11) While drug decriminalization cannot fully repair our

broken and oppressive criminal legal system or the harms of an

unregulated drug market, shifting from absolute prohibition to

drug decriminalization helps restore individual liberty,

protect against some police abuses, better assist those in

need, and save tax dollars.

(12) This concept is neither new nor radical. Other

nations, including Portugal, have successfully decriminalized

personal use quantities of drugs and achieved meaningful

improvements in treating problematic drug use and reducing the

harms of policing drugs.

(13) In June 2021, the United States will mark the 50th

anniversary of Congress’ enactment of the Controlled Substances

Act (21 U.S.C. 801 et seq.), which authorized and launched the

harsh drug war policies sought by the Nixon Administration. In

this moment, Congress must recognize the failed experiment in

prohibition and move the country in a new direction.

SEC. 3. SENSE OF CONGRESS.

It is the sense of Congress that the United States should–

(1) refocus its strategies for addressing substance use

disorder and dangerous drug use from strategies focused on

controlling and punishing unauthorized drug possession to a

system that is health focused, evidence-based, and respectful

of self-determination;

(2) invest in harm-reduction services and substance use

disorder treatment to help prevent overdose and other health

risks, and strengthen connections to services that provide

foundational social and economic support; and

(3) pursue international treaties that expand flexibility

for signatories to enact non-punitive strategies to address the

health and safety of people who use drugs, including the

decriminalization of the possession, purchase, or cultivation

of personal use quantities of drugs.

SEC. 4. SHIFT REGULATORY AUTHORITY.

(a) Authority and Criteria for Classification of Substances.–

Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended

by striking “Attorney General” and inserting “Secretary of Health

and Human Services” each place it appears.

(b) Removal of Exemption of Certain Drugs.–Section 204 of the

Controlled Substances Act (21 U.S.C. 814) is amended by striking

“Attorney General” and inserting “Secretary of Health and Human

Services” each place it appears.

(1) Report to congress.–Not later than 180 days after the

date of the enactment of this Act, the Attorney General and the

Secretary of Health and Human Services shall jointly develop

and submit to the Congress a plan for transferring information

necessary to effect the transfer of classification

responsibility required under this section.

(2) Report to general services administration.–Not later

than 180 days after the date of the enactment of this Act, the

Attorney General shall transmit to the Administrator of the

General Services Administration a report that specifies the

property that is specific to the functions to be transferred to

the Secretary of Health and Human Services pursuant to this

section.

SEC. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL USE POSSESSION.

(a) In General.–Section 404 of the Controlled Substances Act (21

U.S.C. 844) is amended by adding at the end the following new

subsection:

“(b) Personal Use Exception.–(1) A person possessing or using a

controlled substance in an amount no greater than the benchmark amount

(determined by the Commission on Substance Use, Health, and Safety

established by the Drug Policy Reform Act of 2021) shall not be subject

to a criminal or civil penalty under this section.

“(2) The suspected possession or use of a controlled substance in

an amount no greater than the benchmark amount (determined by the

Commission on Substance Use, Health, and Safety established by the Drug

Policy Reform Act of 2021) shall not constitute a basis for detaining,

searching, arresting, questioning or surveilling any person, or seizing

property including, controlled substances and any items used for the

ingestion, consumption, preparation, packaging, or storage of a

controlled substance.

“(3) The suspected possession or use of a controlled substance in

an amount no greater than the benchmark amount shall not constitute a

basis for any referral to any immigration enforcement agency, U.S.

Citizenship and Immigration Services, U.S. Immigration and Customs

Enforcement, and U.S. Customs and Border Protection.”.

(b) Effective Date.–The amendment made by subsection (a) shall

take effect on the date that is 180 days after the date of the

enactment of this Act.

U.S.C. 844a) is repealed.

SEC. 6. COMMISSION ON SUBSTANCE USE, HEALTH, AND SAFETY.

(a) Establishment.–Not later than 180 days after the date of the

enactment of this Act, the Secretary of Health and Human Services shall

establish a “Commission on Substance Use, Health, and Safety”

(hereinafter known as the “Commission”).

(b) Purpose.–

(1) Benchmarks.–

(A) In general.–The Commission under paragraph (1)

shall determine a benchmark amount for a controlled

substance. The Commission shall consist of people with

current or past substance use needs and qualified

persons in the fields of general and behavioral

healthcare, harm reduction, and substance use disorder

treatment. Priority shall be given to people who have

lived experience with substance use needs the quantity

of drug commonly possessed by an individual benchmark

personal use supply, for controlled substances.

(B) Duties.–The Commission shall consider the

following in developing the benchmarks under

subparagraph (A)–

(i) common patterns of use by typical

consumers of the drug;

(ii) differences in commonly possessed

quantities resulting from factors relating to

geography, income, employment, and other

related demographic characteristics; and

(iii) differences in commonly possessed

quantities resulting from varying modes of use.

(2) Reduced criminalization.–Benchmarks advised by the

Commission under subparagraph (A) shall be developed consistent

with the intent of this Act to reduce criminalization of

personal drug use.

composed of at least 18 members and shall include:

(1) Voting members.–

(A) Four individuals who have either used

controlled substances or are using controlled

substances on the date of the enactment of this Act.

(B) Two members of communities that have been

disproportionately impacted by arrests, prosecution or

sentencing for drug offenses.

(D) A harm reduction service provider.

(E) A person specializing in housing services for

people with substance use needs or mental health needs.

(F) A physician specializing in addiction medicine

and with expertise in the treatment of opioid use

disorders with methadone or buprenorphine.

(G) A provider of evidence-based substance use

disorder treatment.

(H) A provider of evidence-based services for

people with co-occurring mental health and substance

use needs.

(I) A licensed clinical social worker with

expertise in providing intensive case management to

people with substance use needs.

(J) A person who works for a nonprofit organization

that advocates for persons with substance use needs.

(K) An expert on legal reform who is not a law

enforcement officer.

(L) An academic researcher specializing in drug use

or drug policy.

(M) A person who represents the needs of and

concerns of Indigenous communities.

(2) Non-voting member.–A designee of a State Health Agency

shall serve on the Commission as a non-voting member.

(d) Terms.–A member of the Commission shall serve for a term of

three years and may be reappointed by the Secretary for additional

terms thereafter.

(e) Meetings.–Not later than 180 days after the date of the

enactment of this Act, and at minimum four times per calendar year

thereafter, the Commission shall convene to establish and review the

benchmarks established under paragraph (2) and make any necessary

amendments or further guidance with respect to the responsibilities of

the Commission.

(f) Reporting.–

(1) Personal use guidelines.–Not later than 18 months

after the date of the enactment of this Act, the Secretary

shall publish online on the internet website of the Department

of Health and Human Services a report on personal use

guidelines, including–

(A) guidelines for the benchmark personal use

supply for each drug; and

(B) recommendations for preventing the prosecution

of individuals possessing, distributing, or dispensing

personal use quantities of each drug for purposes of

subsistence distribution.

(2) Report to department of justice.–Not later than one

year after the date of the enactment of this Act, the report on

personal use guidelines published under paragraph (1) shall be

transmitted to the Attorney General.

(3) Report to congress.–Not later than one year after the

date of the enactment of this Act the report on personal use

guidelines published under paragraph (1) shall be transmitted

to the Attorney General.

(4) Report to the federal courts.–Not later than one year

after the date of the enactment of this Act, the report on

personal use guidelines published under paragraph (1) shall be

transmitted to each Federal district court.

(5) Report to the chief law enforcement officer of each

state.–Not later than one year after the date of the enactment

of this Act, the report on personal use guidelines published

under paragraph (1) shall be transmitted to each chief law

enforcement officer of each State.

(g) Definitions.–In this subsection:

(1) Benchmark personal use supply.–The term “benchmark

personal use supply” means the amount of a drug commonly

possessed for consumption by an individual for any therapeutic,

medicinal, recreational purpose.

(2) Controlled substance.–The term “controlled

substance” shall have the same meaning given such term in

section 102 of the Controlled Substances Act (21 U.S.C. 802).

(3) Subsistence distribution.–The term “subsistence

distribution” means the unlawful distribution or dispensing of

a drug by a person in quantities consistent with supporting

that person’s drug addiction or ensuring basic food and shelter

necessary to support life, and possession of no more than a

benchmark personal use supply.

(4) Harm reduction services.–The term “harm reduction

services” means services and policies that lessen the adverse

consequences of drug use and protect public health, including

but not limited to overdose prevention education, access to

naloxone hydrochloride and sterile syringes, and stimulant-

specific drug education and outreach.

SEC. 7. EXPUNGEMENT AND SEALING OF RECORDS.

(a) Automatic Sealing Certain Records.–Not later than one year

after the date of the enactment of this Act, each Federal district

court shall conduct a comprehensive review to identify individuals

eligible to have a record of conviction or adjudication of juvenile

delinquency that may be sealed pursuant to this Act and shall issue an

order expunging each conviction or adjudication for a Federal offense

entered by each Federal court in the district for a conviction of

possession of a controlled substance in an amount equal to or less than

the benchmark amount established under this Act.

(b) Arrests.–The Federal court shall issue an order expunging any

arrest by a Federal law enforcement agency with respect to an expunged

conviction or adjudication of juvenile delinquency under subsection

(a).

conviction, or adjudication of juvenile delinquency expunged under this

section–

(1) may treat the arrest, conviction, or adjudication as if

it never occurred; and

(2) shall be immune from any civil or criminal penalties

related to perjury, false swearing, or false statements, for a

failure to disclose such arrest, conviction, or adjudication.

(d) Notification.–To the extent practicable, each Federal district

court shall notify each individual whose arrest, conviction, or

adjudication of juvenile delinquency has been expunged under this

section and the effect of such expungement.

(e) Right To Petition for Sealing.–After the date of the enactment

of this Act, an individual with a conviction or adjudication of

juvenile delinquency for an eligible offense not sealed pursuant to

subsection (a) may file a motion for expungement. If the expungement of

such a conviction or adjudication of juvenile delinquency is required

pursuant to this Act, the court shall expunge the conviction or

adjudication, and any associated arrests. If the individual is

indigent, counsel shall be appointed to represent the individual in any

proceedings under this subsection.

(f) Fees Prohibited.–No fee shall be imposed for filing a petition

or any proceeding provided for under this section.

(g) Expunge Defined.–In this subsection, the term “expunge”

means, with respect to an arrest, a conviction, or adjudication of

juvenile delinquency, the removal of the record of such arrest,

conviction, or adjudication from each official index and public record.

SEC. 8. RELIEF FOR INDIVIDUALS INCARCERATED OR ON SUPERVISION FOR

CERTAIN DRUG CONVICTIONS.

(a) In General.–Not later than 30 days after the date of the

enactment of this Act, an individual under a criminal justice sentence

for an eligible offense, the court that imposed the sentence shall

conduct a sentencing review hearing.

(b) Results of a Sentencing Hearing.–Following a sentencing review

hearing under subsection (a), a court shall:

(1) Vacate the existing sentence or disposition of juvenile

delinquency for any eligible offense.

(2) Order that all records related to a conviction or

adjudication of juvenile delinquency that has been vacated be

sealed and only be made available by further order of the

court.

counsel shall be appointed to represent the individual in any

sentencing review proceedings under this section.

SEC. 9. ELIMINATING COLLATERAL CONSEQUENCES OF DRUG POSSESSION

CONVICTIONS.

(a) Drug Testing for Federal Benefits.–No person shall be denied

access to or prohibited from receiving any Federal benefit, program, or

supportive service otherwise available on the basis of having been

previously convicted of or having a pending criminal case involving the

possession of a controlled substance.

(b) Food Benefits and Family Assistance.–Section 421a of the

Controlled Substances Act (21 U.S.C. 862a) is repealed.

(1) In general.–Notwithstanding any other provision of

law, an applicant shall be denied assistance, evicted, or

considered ineligible for housing assistance under title 8 of

the Civil Rights Act of 1968 by reason of possession of a

controlled substance.

(2) Repeal.–Section 6(t) of the United States Housing Act

of 1937 (42 U.S.C. 1437d(t)) is repealed.

(d) Other Federal Benefits.–Section 421(b) of the Controlled

Substances Act (21 U.S.C. 862(b)) is repealed.

(e) Eliminate Immigration and Removal Consequences.–Section

101(a)(43) of the Immigration and Nationality Act (8 U.S.C.

1101(a)(43)) is amended by striking paragraph (43) and inserting the

following new paragraph:

“(43) Aggravated felony.–The term `aggravated felony’

means–

“(A) murder, rape, or sexual abuse of a minor;

“(B) illicit trafficking in a controlled substance

(as defined in section 102 of the Controlled Substances

Act (21 U.S.C. 802)), including a drug trafficking

crime (as defined in section 924(c) of title 18).

“`except that no applicant shall be denied assistance,

evicted, or deemed ineligible under this title by reason of

conviction for possessing a controlled substance for personal

use.’.”.

(f) Drivers’ Licenses of Individuals Convicted of Drug Offenses.–

Section 159 of title 23, United States Code, is repealed.

SEC. 10. PROTECT VOTING RIGHTS.

(a) Findings.–Congress makes the following findings:

(1) The right to vote is the most basic constitutive act of

citizenship. Regaining the right to vote reintegrates

individuals with criminal convictions into free society,

helping to enhance public safety.

(2) Article I, section 4, of the Constitution grants

Congress ultimate supervisory power over Federal elections, an

authority which has repeatedly been upheld by the Supreme

Court.

(3) Basic constitutional principles of fairness and equal

protection require an equal opportunity for citizens of the

United States to vote in Federal elections. The right to vote

may not be abridged or denied by the United States or by any

State on account of race, color, gender, or previous condition

of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th

Amendments to the Constitution empower Congress to enact

measures to protect the right to vote in Federal elections. The

8th Amendment to the Constitution provides for no excessive

bail to be required, nor excessive fines imposed, nor cruel and

unusual punishments inflicted.

(4) There are 3 areas in which discrepancies in State laws

regarding criminal convictions lead to unfairness in Federal

elections:

(A) The lack of a uniform standard for voting in

Federal elections leads to an unfair disparity and

unequal participation in Federal elections based solely

on where a person lives.

(B) Laws governing the restoration of voting rights

after a criminal conviction vary throughout the

country, and persons in some States can easily regain

their voting rights while in other States persons

effectively lose their right to vote permanently.

disproportionately impact racial and ethnic minorities.

(5) Two States (Maine and Vermont), the District of

Columbia, and the Commonwealth of Puerto Rico do not

disenfranchise individuals with criminal convictions at all,

but 48 States have laws that deny convicted individuals the

right to vote while they are in prison.

(6) In some States disenfranchisement results from varying

State laws that restrict voting while individuals are under the

supervision of the criminal justice system or after they have

completed a criminal sentence. In 30 States, convicted

individuals may not vote while they are on parole and 27 States

disenfranchise individuals on felony probation as well. In 11

States, a conviction can result in lifetime disenfranchisement.

(7) Several States deny the right to vote to individuals

convicted of certain misdemeanors.

(8) An estimated 5,200,000 citizens of the United States,

or about 1 in 44 adults in the United States, currently cannot

vote as a result of a felony conviction. Of the 5,200,000

citizens barred from voting, only 24 percent are in prison. By

contrast, 75 percent of the disenfranchised reside in their

communities while on probation or parole or after having

completed their sentences. Approximately 2,200,000 citizens who

have completed their sentences remain disenfranchised due to

restrictive State laws. In at least 6 States–Alabama, Florida,

Kentucky, Mississippi, Tennessee, and Virginia–more than 5

percent of the total voting-age population is disenfranchised.

(9) In those States that disenfranchise individuals post-

sentence, the right to vote can be regained in theory, but in

practice this possibility is often granted in a non-uniform and

potentially discriminatory manner. Disenfranchised individuals

must either obtain a pardon or an order from the Governor or an

action by the parole or pardon board, depending on the offense

and State. Individuals convicted of a Federal offense often

have additional barriers to regaining voting rights.

(10) State disenfranchisement laws disproportionately

impact racial and ethnic minorities. More than 6 percent of the

African-American voting-age population, or 1,800,000 African

Americans, are disenfranchised. Currently, 1 of every 16

voting-age African Americans are rendered unable to vote

because of felony disenfranchisement, which is a rate more than

3.7 times greater than non-African Americans. Over 6 percent of

African-American adults are disenfranchised whereas only 1.7

percent of non-African Americans are. In 7 States (Alabama, 16

percent; Florida, 15 percent; Kentucky, 15 percent;

Mississippi, 16 percent; Tennessee, 21 percent; Virginia, 16

percent; and Wyoming, 36 percent), more than 1 in 7 African

Americans are unable to vote because of prior convictions,

twice the national average for African Americans.

(11) Latino citizens are disproportionately disenfranchised

based upon their disproportionate representation in the

criminal justice system. In recent years, Latinos have been

imprisoned at 2.5 times the rate of Whites. More than 2 percent

of the voting-age Latino population, or 560,000 Latinos, are

disenfranchised due to a felony conviction. In 34 states

Latinos are disenfranchised at a higher rate than the general

population. In 11 states 4 percent or more of Latino adults are

disenfranchised due to a felony conviction (Alabama, 4 percent;

Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent;

Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent;

Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11

percent, Wyoming, 4 percent), twice the national average for

Latinos.

(12) Disenfranchising citizens who have been convicted of a

criminal offense and who are living and working in the

community serves no compelling State interest and hinders their

rehabilitation and reintegration into society.

(13) State disenfranchisement laws can suppress electoral

participation among eligible voters by discouraging voting

among family and community members of disenfranchised persons.

Future electoral participation by the children of

disenfranchised parents may be impacted as well.

(14) The United States is the only Western democracy that

permits the permanent denial of voting rights for individuals

with felony convictions.

(b) Rights of Citizens.–The right of an individual who is a

citizen of the United States to vote in any election for Federal office

shall not be denied or abridged because that individual has been

convicted of a criminal offense.

(1) Attorney general.–The Attorney General may, in a civil

action, obtain such declaratory or injunctive relief as is

necessary to remedy a violation of this section.

(2) Private right of action.–

(A) In general.–A person who is aggrieved by a

violation of this subsection may provide written notice

of the violation to the chief election official of the

State involved.

(B) Relief.–Except as provided in clause (iii), if

the violation is not corrected within 90 days after

receipt of a notice under clause (i), or within 20 days

after receipt of the notice if the violation occurred

within 120 days before the date of an election for

Federal office, the aggrieved person may, in a civil

action, obtain declaratory or injunctive relief with

respect to the violation.

days before the date of an election for Federal office,

the aggrieved person need not provide notice to the

chief election official of the State under clause (i)

before bringing a civil action to obtain declaratory or

injunctive relief with respect to the violation.

(d) Notification of Restoration of Voting Rights.–

(1) State notification.–

(A) Notification.–On the date determined under

clause (ii), each State shall notify in writing any

individual who has been convicted of a criminal offense

under the law of that State that such individual has

the right to vote in an election for Federal office

pursuant to the Democracy Restoration Act of 2021 and

may register to vote in any such election and provide

such individual with any materials that are necessary

to register to vote in any such election.

(B) Date of notification.–

(i) Felony conviction.–In the case of such

an individual who has been convicted of a

felony, the notification required under clause

(i) shall be given on the date on which the

individual–

(I) is sentenced to serve only a

term of probation; or

(II) is released from the custody

of that State (other than to the

custody of another State or the Federal

Government to serve a term of

imprisonment for a felony conviction).

individual who has been convicted of a misdemeanor, the

notification required under clause (ii) shall be given

on the date on which such individual is sentenced by a

State court.

(2) Federal notification.–

(A) Notification.–Any individual who has been

convicted of a criminal offense under Federal law shall

be notified in accordance with clause (ii) that such

individual has the right to vote in an election for

Federal office pursuant to the Democracy Restoration

Act of 2021 and may register to vote in any such

election and provide such individual with any materials

that are necessary to register to vote in any such

election.

(B) Date of notification.–

(i) Felony conviction.–In the case of such

an individual who has been convicted of a

felony, the notification required under clause

(i) shall be given–

(I) in the case of an individual

who is sentenced to serve only a term

of probation, by the Assistant Director

for the Office of Probation and

Pretrial Services of the Administrative

Office of the United States Courts on

the date on which the individual is

sentenced; or

(II) in the case of any individual

committed to the custody of the Bureau

of Prisons, by the Director of the

Bureau of Prisons, during the period

beginning on the date that is 6 months

before such individual is released and

ending on the date such individual is

released from the custody of the Bureau

of Prisons.

(ii) Misdemeanor conviction.–In the case

of such an individual who has been convicted of

a misdemeanor, the notification required under

clause (i) shall be given on the date on which

such individual is sentenced by a court

established by an Act of Congress.

(e) Relation to Other Laws.–

(1) State laws relating to voting rights.–Nothing in this

section shall be construed to prohibit the States from enacting

any State law which affords the right to vote in any election

for Federal office on terms less restrictive than those

established by this section.

(2) Certain federal acts.–The rights and remedies

established by this section are in addition to all other rights

and remedies provided by law, and neither rights and remedies

established by this Act shall supersede, restrict, or limit the

application of the Voting Rights Act of 1965 (52 U.S.C. 10301

et seq.) or the National Voter Registration Act of 1993 (52

U.S.C. 20501 et seq.).

(3) Federal prison funds.–No State, unit of local

government, or other person may receive or use, to construct or

otherwise improve a prison, jail, or other place of

incarceration, any Federal funds unless that person has in

effect a program under which each individual incarcerated in

that person’s jurisdiction who is a citizen of the United

States is notified, upon release from such incarceration, of

that individual’s rights under section 1403.

(f) Prohibition on Civil Asset Forfeitures.–Section 413(a) of the

Controlled Substances Act (21 U.S.C. 853(a)) is amended by striking

“one year” and inserting “one year, except a person possessing a

quantity of controlled substance solely for personal consumption,”.

SEC. 11. REINVEST FUNDS IN SUPPORTIVE PROGRAMS.

(a) Drug Safety Grant Program.–

(1) Establishment.–Not later than one year after the date

of the enactment of this Act, the Secretary of Health and Human

Services shall establish a grant program to support State and

local efforts to expand access to substance abuse treatment,

support harm-reduction services, and reduce the criminalization

of individuals who use drugs by supporting the development or

expansion of pre-arrest diversion programs.

(2) Duties.–The grant program shall enhance programs that

expand access to substance use treatment, enhance the safety of

individuals who use drugs, and reduce the entry of individuals

who use drugs into the criminal legal system.

(3) Eligible entities.–

(A) In general.–An eligible entity for a grant

under this paragraph shall be an existing agency or

organization, whether government or community-based

that are engaged in activities designed to promote the

health and welfare of people who use drugs, facilitate

the voluntary treatment of individuals with substance

use disorder, provide assistance to individuals as an

alternative to criminal prosecution, or provide

alternatives to law enforcement first response

services.

(B) Exception.–A law enforcement entity or program

that is led principally by a law enforcement entity are

not eligible for grants provided by the program.

(4) Use of funds.–An eligible entity under this paragraph

may use grant funds for purposes of increasing access to–

(A) low barrier substance use disorder treatment

that is evidence-informed, trauma-informed, culturally

responsive, patient-centered, and non-judgmental

(including medication assisted treatment);

(B) harm reduction programs and systems for

connecting individuals to harm reduction interventions,

including but not limited to overdose prevention

education, access to naloxone hydrochloride and sterile

syringes, stimulant-specific drug education and

outreach, drug-checking services;

(D) non-police crisis-intervention and emergency

response programs;

(E) pre-arrest diversion programs; and

(F) transitional, supportive, and permanent housing

for persons with substance use disorder.

(b) Findings and Intent.–Section 101 of the Controlled Substances

Act (21 U.S.C. 801) is amended by striking paragraphs (1), (2), (3),

(4), (5), (6), and (7) and inserting the following new paragraphs:

“(1) Evidence-based regulations and education focused on

protecting the health and safety of individuals who use

controlled substances are necessary to ensure the general

welfare of American people.

“(2) Since the enactment of the Comprehensive Drug Abuse

Prevention and Control Act of 1970 the United States has

expended substantial sums of funding on controlling personal

consumption of controlled substances while prohibiting many

services that could help ensure the safety of the consumer drug

products in common use and safer conditions for individuals who

use drugs. The United States has spent over $1 trillion on drug

control since enactment of the Act and continues to spend over

$47 million annually.

“(3) Drug offenses are the leading cause of arrest in the

United States, remaining largely unchanged from 2010-2019,

during which time over 10 million arrests were made for drug

possession. Black individuals are arrested at rates far higher

than their representation in the population and in far greater

numbers than individuals in other demographic groups.

“(4) Drug arrests have significant collateral

consequences, interfering or denying access to education,

employment, housing, child custody, immigration, and public

benefits.

“(5) Drug control strategies focused on criminalizing

personal use of drugs have not achieved reductions in the

availability, prevalence of use, prices, or incidence of drug

overdose.

“(6) The criminalization of people who use drugs reduces

the availability of resources for evidence-based compassionate

drug education, addiction health services, including substance

abuse treatment and medication assisted treatment, and other

services focused on the health and safety of consumers.

“(7) Federal regulation of controlled substances pursuant

to this subchapter shall promote the health, safety and welfare

of individuals who use drugs and seek to prevent the harms of

criminalizing individual users of drugs.”.

SEC. 12. EVIDENCE-BASED DRUG EDUCATION.

(a) In General.–Notwithstanding any other provision of law, and

not later than 180 days after the date of the enactment of this Act,

the Attorney General shall transfer certain programs to the Secretary

of Health and Human Services.

(b) Federal Funds Prohibition.–Notwithstanding any other provision

of law, no Federal funds may be used by the Attorney General for drug

education programming, including public education related to drug use,

unless that the Attorney General or designee may provide information to

the Secretary of Health and Human Services in support of the

Secretary’s responsibilities pursuant to this section.

a transfer pursuant to paragraph (1) shall include any personnel and

equipment exclusively responsible for the administration of the certain

programs.

(d) Certain Program Defined.–The term “certain program” means

Federal programs including:

(1) Access to recovery programs.

(2) Block grants for prevention and treatment of substance

abuse.

(3) Community transformation grants.

(4) Drug abuse and addiction research programs.

(5) Enhance the safety of children affected by parental

methamphetamine or other substance abuse.

(6) Family connection grants.

(7) Using family group decision-making to build protective

factors for children and families.

(8) Health improvement for reentering ex-offenders

initiative.

(9) Healthy start initiative.

(10) HIV prevention activities nongovernmental organization

based in the United States.

(11) Maternal, infant and early childhood home visiting

program.

(12) Mentoring children of prisoners.

(13) National all schedules prescription electronic

reporting grant.

(14) Project for assistance in transition from

homelessness.

(15) Promoting safe and stable homes.

(16) Strategic prevention framework.

(17) Substance abuse and mental health services projects of

regional and national significance.

(18) Urban Indian Health Services.

(e) Public Education Regarding Drugs and Drug Use.–Notwithstanding

any other provision of law, any Federal funds used for designing,

administering, or supporting programs to provide education regarding

drugs or drug use shall provide scientifically-accurate, culturally and

gender competent, trauma-informed, and evidence-based information about

drug use and effects that can help persons participating in such a

program make healthy choices about substance use and develop personal

and social strategies to manage the risks, benefits, and potential

harms of substance use.

(f) Improve Research on Impacts of Drug Criminalization and

Enforcement.–Notwithstanding any other provision of law, and not later

than one year after the date of the enactment of this Act, the Attorney

General shall transfer programs with respect to drugs and crime to the

Administrator of the Substance Abuse and Mental Health Services

Administration to expand research on harms of criminalization and to

study the effectiveness of non-prohibitionist models of ensuring the

health and safety of individuals who use drugs.

SEC. 13. DATA COLLECTION AND TRANSPARENCY.

(a) Locality Data.–Not later than one year after the date of the

enactment of this Act, the Director of the Federal Bureau of

Investigation make publicly available all available data, on a

quarterly basis, regarding local enforcement of drug laws, including

local arrests for drug possession and distribution offenses, possession

of drug paraphernalia, public use or intoxication, loitering, and all

other drug-related violations.

(b) National Incident-Based Reporting System.–Not later than one

year after the date of the enactment of this Act, the Director of the

Federal Bureau of Investigation shall make available on the internet

website of the Federal Bureau of Investigation any data provided by

localities to the National Incident-Based Reporting System, including

any aggregate data reported regarding the alleged substances and

quantities recovered, and demographic data for persons arrested.

the date of the enactment of this Act, and annually thereafter, the

Attorney General shall collect and make publicly available on the

internet website of the Department of Justice information from any unit

of local government that receives any Federal funding identifying

expenditures on drug offense enforcement.

SEC. 14. LIMITATION OF ELIGIBILITY FOR FUNDS.

Beginning in the first fiscal year that begins after the date that

is one year after the date of enactment of this Act, a State or unit of

local government may not receive funds under subpart 1 of part E of

title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34

U.S.C. 10151 et seq.) or the under section 1701 of title I of the

Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381)

for a fiscal year if, on the day before the first day of the fiscal

year, the State or unit of local government has a law in effect that

establishes criminal penalties for the possession of an amount of a

controlled substance consistent with personal use.

SEC. 15. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL

OFFER FOR FEDERAL EMPLOYMENT.

(a) In General.–Subpart H of part III of title 5, United States

Code, is amended by adding at the end the following:

“CHAPTER 92–PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER

“Sec.

“9201. Definitions.

“9202. Limitations on requests for criminal history record

information.

“9203. Agency policies; complaint procedures.

“9204. Adverse action.

“9205. Procedures.

“9206. Rules of construction.

“Sec. 9201. Definitions

“In this chapter–

“(1) the term `agency’ means `Executive agency’ as such

term is defined in section 105 and includes–

“(A) the United States Postal Service and the

Postal Regulatory Commission; and

“(B) the Executive Office of the President;

“(2) the term `appointing authority’ means an employee in

the executive branch of the Government of the United States

that has authority to make appointments to positions in the

civil service;

“(3) the term `conditional offer’ means an offer of

employment in a position in the civil service that is

conditioned upon the results of a criminal history inquiry;

“(4) the term `criminal history record information’–

“(A) except as provided in subparagraphs (B) and

(C), has the meaning given the term in section 9101(a);

“(B) includes any information described in the

first sentence of section 9101(a)(2) that has been

sealed or expunged pursuant to law; and

“(C) includes information collected by a criminal

justice agency, relating to an act or alleged act of

juvenile delinquency, that is analogous to criminal

history record information (including such information

that has been sealed or expunged pursuant to law); and

“(5) the term `suspension’ has the meaning given the term

in section 7501.

“Sec. 9202. Limitations on requests for criminal history record

information

“(a) Inquiries Prior to Conditional Offer.–Except as provided in

subsections (b) and (c), an employee of an agency may not request, in

oral or written form (including through the Declaration for Federal

Employment (Office of Personnel Management Optional Form 306) or any

similar successor form, the USAJOBS internet website, or any other

electronic means) that an applicant for an appointment to a position in

the civil service disclose criminal history record information

regarding the applicant before the appointing authority extends a

conditional offer to the applicant.

“(b) Otherwise Required by Law.–The prohibition under subsection

(a) shall not apply with respect to an applicant for a position in the

civil service if consideration of criminal history record information

prior to a conditional offer with respect to the position is otherwise

required by law.

“(c) Exception for Certain Positions.–

“(1) In general.–The prohibition under subsection (a)

shall not apply with respect to an applicant for an appointment

to a position–

“(A) that requires a determination of eligibility

described in clause (i), (ii), or (iii) of section

9101(b)(1)(A);

“(B) as a Federal law enforcement officer (as

defined in section 115(c) of title 18); or

“(C) identified by the Director of the Office of

Personnel Management in the regulations issued under

paragraph (2).

“(2) Regulations.–

“(A) Issuance.–The Director of the Office of

Personnel Management shall issue regulations

identifying additional positions with respect to which

the prohibition under subsection (a) shall not apply,

giving due consideration to positions that involve

interaction with minors, access to sensitive

information, or managing financial transactions.

“(B) Compliance with civil rights laws.–The

regulations issued under subparagraph (A) shall–

“(i) be consistent with, and in no way

supersede, restrict, or limit the application

of title VII of the Civil Rights Act of 1964

(42 U.S.C. 2000e et seq.) or other relevant

Federal civil rights laws; and

“(ii) ensure that all hiring activities

conducted pursuant to the regulations are

conducted in a manner consistent with relevant

Federal civil rights laws.

“Sec. 9203. Agency policies; complaint procedures

“The Director of the Office of Personnel Management shall–

“(1) develop, implement, and publish a policy to assist

employees of agencies in complying with section 9202 and the

regulations issued pursuant to such section; and

“(2) establish and publish procedures under which an

applicant for an appointment to a position in the civil service

may submit a complaint, or any other information, relating to

compliance by an employee of an agency with section 9202.

“Sec. 9204. Adverse action

“(a) First Violation.–If the Director of the Office of Personnel

Management determines, after notice and an opportunity for a hearing on

the record, that an employee of an agency has violated section 9202,

the Director shall–

“(1) issue to the employee a written warning that includes

a description of the violation and the additional penalties

that may apply for subsequent violations; and

“(2) file such warning in the employee’s official

personnel record file.

“(b) Subsequent Violations.–If the Director of the Office of

Personnel Management determines, after notice and an opportunity for a

hearing on the record, that an employee that was subject to subsection

(a) has committed a subsequent violation of section 9202, the Director

may take the following action:

“(1) For a second violation, suspension of the employee

for a period of not more than 7 days.

“(2) For a third violation, suspension of the employee for

a period of more than 7 days.

“(3) For a fourth violation–

“(A) suspension of the employee for a period of

more than 7 days; and

“(B) a civil penalty against the employee in an

amount that is not more than $250.

“(4) For a fifth violation–

“(A) suspension of the employee for a period of

more than 7 days; and

“(B) a civil penalty against the employee in an

amount that is not more than $500.

“(5) For any subsequent violation–

“(A) suspension of the employee for a period of

more than 7 days; and

“(B) a civil penalty against the employee in an

amount that is not more than $1,000.

“Sec. 9205. Procedures

“(a) Appeals.–The Director of the Office of Personnel Management

shall by rule establish procedures providing for an appeal from any

adverse action taken under section 9204 by not later than 30 days after

the date of the action.

“(b) Applicability of Other Laws.–An adverse action taken under

section 9204 (including a determination in an appeal from such an

action under subsection (a) of this section) shall not be subject to–

“(1) the procedures under chapter 75; or

“(2) except as provided in subsection (a) of this section,

appeal or judicial review.

“Sec. 9206. Rules of construction

“Nothing in this chapter may be construed to–

“(1) authorize any officer or employee of an agency to

request the disclosure of information described under

subparagraphs (B) and (C) of section 9201(4); or

“(2) create a private right of action for any person.”.

(b) Regulations; Effective Date.–

(1) Regulations.–Not later than 1 year after the date of

enactment of this Act, the Director of the Office of Personnel

Management shall issue such regulations as are necessary to

carry out chapter 92 of title 5, United States Code (as added

by this Act).

(2) Effective date.–Section 9202 of title 5, United States

Code (as added by this Act), shall take effect on the date that

is 2 years after the date of enactment of this Act.

part III of title 5, United States Code, is amended by inserting after

the item relating to chapter 91 the following:

“92. Prohibition on criminal history inquiries prior to 9201”.

conditional offer.

(d) Application to Legislative Branch.–

(1) In general.–The Congressional Accountability Act of

1995 (2 U.S.C. 1301 et seq.) is amended–

(A) in section 102(a) (2 U.S.C. 1302(a)), by adding

at the end the following:

“(12) Section 9202 of title 5, United States Code.”;

(B) by redesignating section 207 (2 U.S.C. 1317) as

section 208; and

the following new section:

“SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY

INQUIRIES.

“(a) Definitions.–In this section, the terms `agency’, `criminal

history record information’, and `suspension’ have the meanings given

the terms in section 9201 of title 5, United States Code, except as

otherwise modified by this section.

“(b) Restrictions on Criminal History Inquiries.–

“(1) In general.–

“(A) In general.–Except as provided in

subparagraph (B), an employee of an employing office

may not request that an applicant for employment as a

covered employee disclose criminal history record

information if the request would be prohibited under

section 9202 of title 5, United States Code, if made by

an employee of an agency.

“(B) Conditional offer.–For purposes of applying

that section 9202 under subparagraph (A), a reference

in that section 9202 to a conditional offer shall be

considered to be an offer of employment as a covered

employee that is conditioned upon the results of a

criminal history inquiry.

“(2) Rules of construction.–The provisions of section

9206 of title 5, United States Code, shall apply to employing

offices, consistent with regulations issued under subsection

(d).

“(c) Remedy.–

“(1) In general.–The remedy for a violation of subsection

(b)(1) shall be such remedy as would be appropriate if awarded

under section 9204 of title 5, United States Code, if the

violation had been committed by an employee of an agency,

consistent with regulations issued under subsection (d), except

that the reference in that section to a suspension shall be

considered to be a suspension with the level of compensation

provided for a covered employee who is taking unpaid leave

under section 202.

“(2) Process for obtaining relief.–An applicant for

employment as a covered employee who alleges a violation of

subsection (b)(1) may rely on the provisions of title IV (other

than section 407 or 408, or a provision of this title that

permits a person to obtain a civil action or judicial review),

consistent with regulations issued under subsection (d).

“(d) Regulations To Implement Section.–

“(1) In general.–Not later than 18 months after the date

of enactment of the Fair Chance to Compete for Jobs Act of

2019, the Board shall, pursuant to section 304, issue

regulations to implement this section.

“(2) Parallel with agency regulations.–The regulations

issued under paragraph (1) shall be the same as substantive

regulations issued by the Director of the Office of Personnel

Management under section 2(b)(1) of the Fair Chance to Compete

for Jobs Act of 2019 to implement the statutory provisions

referred to in subsections (a) through (c) except to the extent

that the Board may determine, for good cause shown and stated

together with the regulation, that a modification of such

regulations would be more effective for the implementation of

the rights and protections under this section.

“(e) Effective Date.–Section 102(a)(12) and subsections (a)

through (c) shall take effect on the date on which section 9202 of

title 5, United States Code, applies with respect to agencies.”.

(2) Clerical amendments.–

(A) The table of contents in section 1(b) of the

Congressional Accountability Act of 1995 (Public Law

104-1; 109 Stat. 3) is amended–

(i) by redesignating the item relating to

section 207 as the item relating to section

208; and

(ii) by inserting after the item relating

to section 206 the following new item:

“Sec. 207. Rights and protections relating to criminal history

inquiries.”.

(B) Section 62(e)(2) of the Internal Revenue Code

of 1986 is amended by striking “or 207” and inserting

“207, or 208”.

(e) Application to Judicial Branch.–

(1) In general.–Section 604 of title 28, United States

Code, is amended by adding at the end the following:

“(i) Restrictions on Criminal History Inquiries.–

“(1) Definitions.–In this subsection–

“(A) the terms `agency’ and `criminal history

record information’ have the meanings given those terms

in section 9201 of title 5;

“(B) the term `covered employee’ means an employee

of the judicial branch of the United States Government,

other than–

“(i) any judge or justice who is entitled

to hold office during good behavior;

“(ii) a United States magistrate judge; or

“(iii) a bankruptcy judge; and

“(C) the term `employing office’ means any office

or entity of the judicial branch of the United States

Government that employs covered employees.

“(2) Restriction.–A covered employee may not request that

an applicant for employment as a covered employee disclose

criminal history record information if the request would be

prohibited under section 9202 of title 5 if made by an employee

of an agency.

“(3) Employing office policies; complaint procedure.–The

provisions of sections 9203 and 9206 of title 5 shall apply to

employing offices and to applicants for employment as covered

employees, consistent with regulations issued by the Director

to implement this subsection.

“(4) Adverse action.–

“(A) Adverse action.–The Director may take such

adverse action with respect to a covered employee who

violates paragraph (2) as would be appropriate under

section 9204 of title 5 if the violation had been

committed by an employee of an agency.

“(B) Appeals.–The Director shall by rule

establish procedures providing for an appeal from any

adverse action taken under subparagraph (A) by not

later than 30 days after the date of the action.

“(C) Applicability of other laws.–Except as

provided in subparagraph (B), an adverse action taken

under subparagraph (A) (including a determination in an

appeal from such an action under subparagraph (B))

shall not be subject to appeal or judicial review.

“(5) Regulations to be issued.–

“(A) In general.–Not later than 18 months after

the date of enactment of the Fair Chance to Compete for

Jobs Act of 2019, the Director shall issue regulations

to implement this subsection.

“(B) Parallel with agency regulations.–The

regulations issued under subparagraph (A) shall be the

same as substantive regulations promulgated by the

Director of the Office of Personnel Management under

section 2(b)(1) of the Fair Chance to Compete for Jobs

Act of 2019 except to the extent that the Director of

the Administrative Office of the United States Courts

may determine, for good cause shown and stated together

with the regulation, that a modification of such

regulations would be more effective for the

implementation of the rights and protections under this

subsection.

“(6) Effective date.–Paragraphs (1) through (4) shall

take effect on the date on which section 9202 of title 5

applies with respect to agencies.”.

SEC. 16. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS PRIOR TO CONDITIONAL OFFER.

(a) Civilian Agency Contracts.–

(1) In general.–Chapter 47 of title 41, United States

Code, is amended by adding at the end the following new

section:

“Sec. 4714. Prohibition on criminal history inquiries by contractors

prior to conditional offer

“(a) Limitation on Criminal History Inquiries.–

“(1) In general.–Except as provided in paragraphs (2) and

(3), an executive agency–

“(A) may not require that an individual or sole

proprietor who submits a bid for a contract to disclose

criminal history record information regarding that

individual or sole proprietor before determining the

apparent awardee; and

“(B) shall require, as a condition of receiving a

Federal contract and receiving payments under such

contract that the contractor may not verbally, or

through written form, request the disclosure of

criminal history record information regarding an

applicant for a position related to work under such

contract before the contractor extends a conditional

offer to the applicant.

“(2) Otherwise required by law.–The prohibition under

paragraph (1) does not apply with respect to a contract if

consideration of criminal history record information prior to a

conditional offer with respect to the position is otherwise

required by law.

“(3) Exception for certain positions.–

“(A) In general.–The prohibition under paragraph

(1) does not apply with respect to–

“(i) a contract that requires an

individual hired under the contract to access

classified information or to have sensitive law

enforcement or national security duties; or

“(ii) a position that the Administrator of

General Services identifies under the

regulations issued under subparagraph (B).

“(B) Regulations.–

“(i) Issuance.–Not later than 16 months

after the date of enactment of the Fair Chance

to Compete for Jobs Act of 2019, the

Administrator of General Services, in

consultation with the Secretary of Defense,

shall issue regulations identifying additional

positions with respect to which the prohibition

under paragraph (1) shall not apply, giving due

consideration to positions that involve

interaction with minors, access to sensitive

information, or managing financial

transactions.

“(ii) Compliance with civil rights laws.–

The regulations issued under clause (i) shall–

“(I) be consistent with, and in no

way supersede, restrict, or limit the

application of title VII of the Civil

Rights Act of 1964 (42 U.S.C. 2000e et

seq.) or other relevant Federal civil

rights laws; and

“(II) ensure that all hiring

activities conducted pursuant to the

regulations are conducted in a manner

consistent with relevant Federal civil

rights laws.

“(b) Complaint Procedures.–The Administrator of General Services

shall establish and publish procedures under which an applicant for a

position with a Federal contractor may submit to the Administrator a

complaint, or any other information, relating to compliance by the

contractor with subsection (a)(1)(B).

“(c) Action for Violations of Prohibition on Criminal History

Inquiries.–

“(1) First violation.–If the head of an executive agency

determines that a contractor has violated subsection (a)(1)(B),

such head shall–

“(A) notify the contractor;

“(B) provide 30 days after such notification for

the contractor to appeal the determination; and

“(C) issue a written warning to the contractor

that includes a description of the violation and the

additional remedies that may apply for subsequent

violations.

“(2) Subsequent violation.–If the head of an executive

agency determines that a contractor that was subject to

paragraph (1) has committed a subsequent violation of

subsection (a)(1)(B), such head shall notify the contractor,

shall provide 30 days after such notification for the

contractor to appeal the determination, and, in consultation

with the relevant Federal agencies, may take actions, depending

on the severity of the infraction and the contractor’s history

of violations, including–

“(A) providing written guidance to the contractor

that the contractor’s eligibility for contracts

requires compliance with this section;

“(B) requiring that the contractor respond within

30 days affirming that the contractor is taking steps

to comply with this section; and

“(C) suspending payment under the contract for

which the applicant was being considered until the

contractor demonstrates compliance with this section.

“(d) Definitions.–In this section:

“(1) Conditional offer.–The term `conditional offer’

means an offer of employment for a position related to work

under a contract that is conditioned upon the results of a

criminal history inquiry.

“(2) Criminal history record information.–The term

`criminal history record information’ has the meaning given

that term in section 9201 of title 5.”.

(2) Clerical amendment.–The table of sections for chapter

47 of title 41, United States Code, is amended by adding at the

end the following new item:

“4714. Prohibition on criminal history inquiries by contractors prior

to conditional offer.”.

(3) Effective date.–Section 4714 of title 41, United

States Code, as added by paragraph (1), shall apply with

respect to contracts awarded pursuant to solicitations issued

after the effective date described in section 2(b)(2) of this

Act.

(b) Defense Contracts.–

(1) In general.–Chapter 137 of title 10, United States

Code, is amended by inserting after section 2338 the following

new section:

“Sec. 2339. Prohibition on criminal history inquiries by contractors

prior to conditional offer

“(a) Limitation on Criminal History Inquiries.–

“(1) In general.–Except as provided in paragraphs (2) and

(3), the head of an agency–

“(A) may not require that an individual or sole

proprietor who submits a bid for a contract to disclose

criminal history record information regarding that

individual or sole proprietor before determining the

apparent awardee; and

“(B) shall require as a condition of receiving a

Federal contract and receiving payments under such

contract that the contractor may not verbally or

through written form request the disclosure of criminal

history record information regarding an applicant for a

position related to work under such contract before

such contractor extends a conditional offer to the

applicant.

“(2) Otherwise required by law.–The prohibition under

paragraph (1) does not apply with respect to a contract if

consideration of criminal history record information prior to a

conditional offer with respect to the position is otherwise

required by law.

“(3) Exception for certain positions.–

“(A) In general.–The prohibition under paragraph

(1) does not apply with respect to–

“(i) a contract that requires an

individual hired under the contract to access

classified information or to have sensitive law

enforcement or national security duties; or

“(ii) a position that the Secretary of

Defense identifies under the regulations issued

under subparagraph (B).

“(B) Regulations.–

“(i) Issuance.–Not later than 16 months

after the date of enactment of the Fair Chance

to Compete for Jobs Act of 2019, the Secretary

of Defense, in consultation with the

Administrator of General Services, shall issue

regulations identifying additional positions

with respect to which the prohibition under

paragraph (1) shall not apply, giving due

consideration to positions that involve

interaction with minors, access to sensitive

information, or managing financial

transactions.

“(ii) Compliance with civil rights laws.–

The regulations issued under clause (i) shall–

“(I) be consistent with, and in no

way supersede, restrict, or limit the

application of title VII of the Civil

Rights Act of 1964 (42 U.S.C. 2000e et

seq.) or other relevant Federal civil

rights laws; and

“(II) ensure that all hiring

activities conducted pursuant to the

regulations are conducted in a manner

consistent with relevant Federal civil

rights laws.

“(b) Complaint Procedures.–The Secretary of Defense shall

establish and publish procedures under which an applicant for a

position with a Department of Defense contractor may submit a

complaint, or any other information, relating to compliance by the

contractor with subsection (a)(1)(B).

“(c) Action for Violations of Prohibition on Criminal History

Inquiries.–

“(1) First violation.–If the Secretary of Defense

determines that a contractor has violated subsection (a)(1)(B),

the Secretary shall–

“(A) notify the contractor;

“(B) provide 30 days after such notification for

the contractor to appeal the determination; and

“(C) issue a written warning to the contractor

that includes a description of the violation and the

additional remedies that may apply for subsequent

violations.

“(2) Subsequent violations.–If the Secretary of Defense

determines that a contractor that was subject to paragraph (1)

has committed a subsequent violation of subsection (a)(1)(B),

the Secretary shall notify the contractor, shall provide 30

days after such notification for the contractor to appeal the

determination, and, in consultation with the relevant Federal

agencies, may take actions, depending on the severity of the

infraction and the contractor’s history of violations,

including–

“(A) providing written guidance to the contractor

that the contractor’s eligibility for contracts

requires compliance with this section;

“(B) requiring that the contractor respond within

30 days affirming that the contractor is taking steps

to comply with this section; and

“(C) suspending payment under the contract for

which the applicant was being considered until the

contractor demonstrates compliance with this section.

“(d) Definitions.–In this section:

“(1) Conditional offer.–The term `conditional offer’

means an offer of employment for a position related to work

under a contract that is conditioned upon the results of a

criminal history inquiry.

“(2) Criminal history record information.–The term

`criminal history record information’ has the meaning given

that term in section 9201 of title 5.”.

(2) Effective date.–Section 2339(a) of title 10, United

States Code, as added by paragraph (1), shall apply with

respect to contracts awarded pursuant to solicitations issued

after the effective date described in section 2(b)(2) of this

Act.

(3) Clerical amendment.–The table of sections for chapter

137 of title 10, United States Code, is amended by inserting

after the item relating to section 2338 the following new item:

“2339. Prohibition on criminal history inquiries by contractors prior

to conditional offer.”.

(1) In general.–Not later than 18 months after the date of

enactment of this Act, the Federal Acquisition Regulatory

Council shall revise the Federal Acquisition Regulation to

implement section 4714 of title 41, United States Code, and

section 2339 of title 10, United States Code, as added by this

section.

(2) Consistency with office of personnel management

regulations.–The Federal Acquisition Regulatory Council shall

revise the Federal Acquisition Regulation under paragraph (1)

to be consistent with the regulations issued by the Director of

the Office of Personnel Management under section 2(b)(1) to the

maximum extent practicable. The Council shall include together

with such revision an explanation of any substantive

modification of the Office of Personnel Management regulations,

including an explanation of how such modification will more

effectively implement the rights and protections under this

section.

SEC. 17. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN FEDERAL PRISONS.

(a) Definition–In this section, the term “covered individual”–

(1) means an individual who has completed a term of

imprisonment in a Federal prison for a Federal criminal

offense; and

(2) does not include an alien who is or will be removed

from the United States for a violation of the immigration laws

(as such term is defined in section 101 of the Immigration and

Nationality Act (8 U.S.C. 1101)).

(b) Study and Report Required.–The Director of the Bureau of

Justice Statistics, in coordination with the Director of the Bureau of

the Census, shall–

(1) not later than 180 days after the date of enactment of

this Act, design and initiate a study on the employment of

covered individuals after their release from Federal prison,

including by collecting–

(A) demographic data on covered individuals,

including race, age, and sex; and

(B) data on employment and earnings of covered

individuals who are denied employment, including the

reasons for the denials; and

(2) not later than 2 years after the date of enactment of

this Act, and every 5 years thereafter, submit a report that

does not include any personally identifiable information on the

study conducted under paragraph (1) to–

(A) the Committee on Homeland Security and

Governmental Affairs of the Senate;

(B) the Committee on Health, Education, Labor, and

Pensions of the Senate;

House of Representatives; and

(D) the Committee on Education and Labor of the

House of Representatives.

SEC. 18. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying

with the Statutory Pay-As-You-Go Act of 2010, shall be determined by

reference to the latest statement titled “Budgetary Effects of PAYGO

Legislation” for this Act, submitted for printing in the Congressional

Record by the Chairman of the House Budget Committee, provided that

such statement has been submitted prior to the vote on passage.

SEC. 19. DEFINITIONS.

In this Act:

(1) Correctional institution or facility.–The term

“correctional institution or facility” means any prison,

penitentiary, jail, or other institution or facility for the

confinement of individuals convicted of criminal offenses,

whether publicly or privately operated, except that such term

does not include any residential community treatment center (or

similar public or private facility).

(2) Criminal justice sentence.–The term “criminal justice

sentence” means any requirement imposed pursuant to a

sentence, including incarceration, supervised release, parole,

or probation.

(3) Election.–The term “election” means–

(A) a general, special, primary, or runoff

election;

(B) a convention or caucus of a political party

held to nominate a candidate;

delegates to a national nominating convention of a

political party; or

(D) a primary election held for the expression of a

preference for the nomination of persons for election

to the office of President.

(4) Eligible offense.–The term “eligible offense” means

an offense for a controlled substances with respect to an

amount that is lower than the benchmark determined by the

Commission on Substance Use, Health, and Safety established

under section 6 of this Act.

(5) Federal office.–The term “Federal office” means the

office of President or Vice President of the United States, or

of Senator or Representative in, or Delegate or Resident

Commissioner to, the Congress of the United States.

(6) Indigenous communities.–The term “Indigenous

communities” includes each of the Federally recognized Indian

tribes.

(7) Probation.–The term “probation” means probation,

imposed by a Federal, State, or local court, with or without a

condition on the individual involved concerning–

(A) the individual’s freedom of movement;

(B) the payment of damages by the individual;

officer of the court; or

(D) supervision of the individual by an officer of the court. <all>

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Section 2: Preamble/Whereas Clauses
Whereas, the criminalization of drug use has disproportionately affected marginalized communities, incarcerated individuals, and public health;
Whereas, the current approach to drug policy has failed to reduce drug abuse and has created an unnecessary burden on the justice system;
Whereas, legalizing all drugs will promote a more health-centered approach, reduce incarceration rates, and allocate resources to education and treatment rather than punitive measures;
Whereas, the legal status of all drugs, including their possession, distribution, and use, shall be regulated under this new legislation to ensure public safety and individual rights;
Now, therefore, be it enacted by the [legislature] of [jurisdiction] as follows:

Section 3: Definitions
For the purposes of this Act:
(a) “Drugs” shall refer to any substance classified as a controlled substance under prior legislation, including but not limited to cannabis, cocaine, heroin, methamphetamine, and other similar substances.
(b) “Possession” refers to the act of having control or ownership of drugs, whether actual or constructive.
(c) “Distribution” refers to the sale or delivery of drugs, whether for compensation or otherwise.

Section 4: Enacting Clause
Be it enacted by the [legislature] of [jurisdiction] that:
(a) The use, possession, and distribution of all drugs shall be legalized under the provisions of this Act.
(b) No individual shall be penalized or prosecuted for using, possessing, or distributing drugs that are now legalized under this Act.

Section 5: Main Provisions
(a) All drugs currently classified as controlled substances shall be legalized for personal use, possession, and distribution.
(b) Individuals over the age of 18 shall be permitted to possess, use, and distribute drugs in accordance with regulations established under this Act.
(c) Drug sales and distribution shall be regulated to ensure public safety, including age restrictions, quality control, and tax requirements on the sale of drugs.
(d) The government shall implement a comprehensive education and prevention program to inform the public about safe drug use and the risks associated with drugs.

Section 6: Exoneration of Current Inmates
(a) Individuals currently incarcerated for offenses related to the use, possession, or distribution of drugs that are now legalized under this Act shall have their convictions reviewed.
(b) Any individual currently serving a sentence solely for offenses related to drugs legalized by this Act shall be considered for immediate release, subject to review by the appropriate judicial authority.
(c) Inmates serving sentences for offenses related to the use, possession, or distribution of drugs that are now legal shall be eligible for sentence reductions.
(d) Upon release or reduction of sentence, individuals shall have their criminal records related to these offenses expunged.
(e) The government shall provide resources for the reintegration of formerly incarcerated individuals, including job training, education, and addiction recovery programs.

Section 7: Regulations
(a) The [appropriate regulatory agency] shall be responsible for establishing and enforcing regulations related to the legalization and distribution of drugs, including but not limited to:

Age restrictions for the purchase and use of drugs
Standards for the production and distribution of drugs
Public health and safety measures to mitigate risks associated with drug use
(b) All businesses engaged in the distribution of drugs shall be licensed and subject to regular inspections.
(c) Regulations shall also include public education campaigns on the safe use of drugs and available treatment options for individuals with addiction.

Section 8: Funding
(a) The implementation of this Act shall be funded through a combination of revenue from taxes on the sale of drugs, federal or state grants, and reallocating resources currently used for drug-related law enforcement.
(b) Funds shall be allocated to support addiction recovery programs, public education efforts, and the reintegration of formerly incarcerated individuals.

Section 9: Penalties/Consequences
(a) While this Act legalizes drug use and distribution, penalties shall apply for violations including:

Distribution of drugs to minors
Public use in restricted areas
Operating under the influence in a manner that endangers public safety
(b) Penalties for these violations shall be determined by the appropriate regulatory agency and judicial authorities.

Section 10: Severability Clause
If any provision of this Act is found to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of the Act shall remain in effect.

Section 11: Effective Date
This Act shall take effect on [specific date], or upon passage by the legislature and signing into law by the [appropriate executive authority].

Section 12: Amendments or Repeals
Any existing laws or regulations that are in conflict with the provisions of this Act shall be amended or repealed to align with the intent and provisions of this legislation.

Introduction

This bill seeks to legalize the use, possession, and distribution of all drugs. The intent is to address the harmful effects of the criminalization of drug use, reduce the burden on the justice system, and promote a more health-centered approach to drug use. The legalization aims to remove criminal penalties for individuals involved in the use and distribution of drugs, while implementing appropriate regulations to ensure public safety and wellbeing. By doing so, we can focus resources on public health strategies, addiction treatment, and education, rather than punitive measures. This bill represents a step toward a more just and equitable society for all individuals, regardless of their involvement with drugs.

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Section Two: Preamble/Whereas Clauses

This section provides the background and justification for the bill. It often starts with “Whereas” and explains the problem the bill aims to address, such as the current impact of drug criminalization.

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Section Three: Definitions

This section defines key terms used in the bill (e.g., what constitutes “drugs,” “possession,” “distribution,” etc.). This ensures clarity for anyone reading or enforcing the bill.

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Section Four: Enacting Clause

The formal statement that begins the law, typically written as: “Be it enacted by the [legislature] of [jurisdiction].

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Section Five: Main Provisions

This is the core of the bill. It outlines the specifics of the proposed law, including:

Any exceptions, such as for minors or specific controlled environments

The legalization of all drugs

Regulations or guidelines for distribution (if applicable)

The removal of penalties or restrictions on drug use, possession, and distribution

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Section Seven: Regulations

This section outlines how the law will be implemented and enforced. It might detail new regulatory agencies or bodies responsible for monitoring drug use and distribution, and how it will be managed at the local, state, or national level.

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Section Eight: Funding

This section outlines the funding or budget required to implement the bill, including any enforcement or public health measures.

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Section Nine: Penalties/Consequences

Even though the bill is about legalization, there might still be penalties for violations of specific provisions (e.g., public use in certain areas, selling to minors).

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Section Ten: Severability Clause

This clause ensures that if any part of the bill is found to be unconstitutional or invalid, the rest of the bill still stands.

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Section Eleven: Effective Date

This section specifies when the bill would go into effect once passed. (Estimated 4 years from 2025) so, 2029) What will you be doing in 2028?

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Section Twelve: Amendments or Repeals

This section addresses any existing laws that would be amended or repealed to accommodate the new legislation.

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Section Six: Exoneration of Current Inmates

In light of the passage of this bill, individuals currently incarcerated for offenses related to the use, possession, or distribution of drugs that would now be legal under this legislation shall have their convictions reviewed. The following actions shall be taken:

Immediate Release: Any individual currently serving a sentence solely for offenses related to drugs that are legalized by this bill shall be considered for immediate release, subject to a review process by the appropriate judicial authority.
Sentence Reduction: Inmates serving sentences for offenses related to the use, possession, or distribution of drugs that are now legal shall be eligible for sentence reductions, to reflect the new legal status of these activities.
Record Expungement: Upon release or reduction of sentence, individuals shall have their criminal records related to these offenses expunged to prevent discrimination or adverse consequences resulting from their past convictions.
Support and Reintegration: The government shall allocate necessary resources to ensure the successful reintegration of formerly incarcerated individuals into society, including but not limited to, access to job training, education, addiction recovery programs, and other social services.

This exoneration process is designed to right the wrongs caused by the criminalization of drug use and to ensure fair treatment of those affected by previous drug laws.

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Start Date: 16 March 2025

Welcome to a world of limitless possibilities, we are writing the Bill that will solve all of society’s problems, and I invite you join us and enjoy the experience. There is no rush!

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Names of Writers

Amy Cashman, Chatagpt, and you????

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Notes

We need a place to keep notes: I’m hiring also!!!

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Support

Welcome to a world of limitless possibilities, where the journey is as exhilarating as the destination, and where every moment is an opportunity to make your mark on the canvas of existence. The only limit is the extent of your imagination.

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Introduction

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Management

Who the bosses are!!!

Amy Cashman-President (CEO) Legalize All Drugs Campaign

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Write the Bill With US: until further notice you can submit your ideas to acashman@legalizealldrugscampaign.com

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Invitation to Participate in Writing the Bill to Legalize All Drugs

I am inviting all citizens to join in the process of writing the Bill to Legalize All Drugs. Your input is vital in ensuring this bill reflects the values and needs of our community. Please be advised that any comments or suggestions we accept will be published, and contributors will be identified by name.

Rest assured, I am committed to ensuring that every individual who participates in crafting this important legislation will receive proper recognition when we submit the Bill. Your voice matters, and together we can create a law that serves us all.

Until further notice, you can submit your ideas to acashman@legalizealldrugscampaign.com

Our services

A BILL: we are going to revise this bill: Drug Policy Reform Act of 2026: to include the judges charges of misdemeanors as apposed to felonies.

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Introduction

Section Two: Preamble/Whereas Clauses

Section Three: Definitions

Section Four: Enacting Clause

Section Five: Main Provisions

Section Seven: Regulations

Section Eight: Funding

Section Nine: Penalties/Consequences

Section Ten: Severability Clause

Section Eleven: Effective Date

Section Twelve: Amendments or Repeals

Section Six: Exoneration of Current Inmates

Start Date: 16 March 2025

Names of Writers

Notes

Support

Introduction

Management

Write the Bill With US: until further notice you can submit your ideas to acashman@legalizealldrugscampaign.com

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