Sec. 301. Opportunity trust fund programs
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Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by inserting after section 109 the following: There is established within the Office of Justice Programs a Cannabis Justice Office. The Cannabis Justice Office shall be headed by a Director who shall be appointed by the Assistant Attorney General for the Office of Justice Programs. The Director shall report to the Assistant Attorney General for the Office of Justice Programs.
The Director shall award grants and may enter into compacts, cooperative agreements, and contracts on behalf of the Cannabis Justice Office. The Director may not engage in any employment other than that of serving as the Director, nor may the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement. The Director shall employ as many full-time employees as are needed to carry out the duties and functions of the Cannabis Justice Office under subsection (d).
Such employees shall be exclusively assigned to the Cannabis Justice Office. Not later than 6 months after the date of enactment of this section, the Director shall— hire no less than one-third of the total number of employees of the Cannabis Justice Office; no more than one-half of the employees assigned to the Cannabis Justice Office by term appointment that may after 2 years be converted to career appointment; and hire at least 1 employee to serve as a Tribal Relations Coordinator.
At least one employee hired for the Cannabis Justice Office shall serve as legal counsel to the Director and shall provide counsel to the Cannabis Justice Office. The Cannabis Justice Office is authorized to— administer the Community Reinvestment Grant Program; and perform such other functions as the Assistant Attorney General for the Office of Justice Programs may delegate, that are consistent with the statutory obligations of this section. . Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following:
The Director of the Cannabis Justice Office shall establish and carry out a grant program, known as the Community Reinvestment Grant Program , to provide eligible entities with funds to administer services for individuals adversely impacted by the War on Drugs, including— job training; reentry services; legal aid for civil and criminal cases, including expungement of cannabis convictions; literacy programs; youth recreation or mentoring programs; and health education programs.
In this part: The term cannabis conviction means a conviction, or adjudication of juvenile delinquency, for a cannabis offense (as such term is defined in section 3 of the Cannabis Administration and Opportunity Act ). The term eligible entity means a nonprofit organization, as described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under section 501(a) of such Code, an Indian Tribe, a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), or a Native Hawaiian-serving entity that is representative of a community or a significant segment of a community with experience in providing relevant services to individuals adversely impacted by the War on Drugs in that community.
The term individual adversely impacted by the War on Drugs has the meaning given that term in section 301(b)(1) of the Cannabis Administration and Opportunity Act . The term Native Hawaiian-serving entity means— a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )); the Department of Hawaiian Home Lands; and the Office of Hawaiian Affairs. . In this subsection: The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively.
The term eligible Indian Tribe means an Indian Tribe that has taken steps— to create an automatic process, at no cost to an individual, to expunge, destroy, or seal criminal records for cannabis offenses; and to eliminate violations or other penalties for individuals under parole, probation, pre-trial, or other Tribal criminal supervision for a cannabis offense. The term eligible State or locality means a State or locality that has taken steps— to create an automatic process, at no cost to an individual, to expunge, destroy, or seal criminal records for cannabis offenses; and to eliminate violations or other penalties for individuals under parole, probation, pre-trial, or other State or local criminal supervision for a cannabis offense.
The term Federal Poverty Level has the meaning given the term poverty line in section 2110(c) of the Social Security Act ( 42 U.S.C. 1397jj(c) ). The term individual adversely impacted by the War on Drugs means an individual— who has had an income below 250 percent of the Federal Poverty Level for not fewer than 5 of the past 10 years, as of the date on which the individual seeks to participate in a program established under this section or an amendment made by this section; and who has been arrested for, or convicted of, the sale, possession, use, manufacture, or cultivation of cannabis (except for a conviction involving distribution to a minor); or the parent, sibling, spouse, or child of whom has been arrested for, or convicted of, an offense described in subclause (I).
The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ). The term State means— each of the several States; the District of Columbia; the Commonwealth of Puerto Rico; and any territory or possession of the United States. The Administrator shall establish and carry out a program, to be known as the Cannabis Restorative Opportunity Program , to provide loans and technical assistance under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ) to assist small business concerns owned and controlled by socially and economically disadvantaged individuals that operate— in eligible States or localities; or in the jurisdiction of eligible Indian Tribes.
Of the amounts made available to carry out subparagraph (A), 5 percent shall be used to provide loans and technical assistance under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ) to assist small business concerns owned and controlled by socially and economically disadvantaged individuals that operate in the jurisdiction of an eligible Indian Tribe. The Administrator shall establish and carry out a grant program, to be known as the Equitable Licensing Grant Program , to provide any eligible State or locality or eligible Indian Tribe funds to develop and implement equitable cannabis licensing programs that minimize barriers to cannabis licensing and employment for individuals adversely impacted by the War on Drugs, provided that each grantee includes in the cannabis licensing program of the grantee not less than 4 of the following elements:
A waiver of cannabis license application fees for an individual who— has had an income below 250 percent of the Federal Poverty Level for not fewer than 5 of the 10 years preceding the date on which the individual submits an application; and is a first-time applicant. A prohibition on the denial of a cannabis license based on a conviction for a cannabis offense that took place before the eligible State or locality (or, in the case of a locality, the State in which the locality is located) or eligible Indian Tribe legalized the production, distribution, or possession of cannabis or the date of enactment of this Act, as applicable.
A prohibition on restrictions for licensing relating to criminal convictions except with respect to a criminal conviction related to owning and operating a business. A prohibition on cannabis license holders engaging in suspicionless cannabis drug testing of their prospective or current employees, except with respect to drug testing for safety-sensitive positions under part 40 of title 49, Code of Federal Regulations, or any successor regulations. The establishment of a cannabis licensing board that— is reflective of the racial, ethnic, economic, and gender composition of the eligible State or locality or eligible Indian Tribe; includes at least 1 representative from an eligible Indian Tribe that has jurisdiction within that eligible State or locality or that has Tribal jurisdiction, as applicable; and shall serve as an oversight body of the equitable licensing program.
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States, in consultation with the Administrator, shall conduct a study on the individuals and entities receiving assistance under the Cannabis Restorative Opportunity and Equitable Licensing Programs established under paragraphs
(2)and (3), respectively, which shall include— the types of assistance by State; and a description of— the efforts by the Administration to increase access to capital for cannabis-related small business concerns owned and controlled by socially and economically disadvantaged individuals and small business concerns owned and controlled by individuals adversely impacted by the War on Drugs; and the racial, ethnic, economic and gender composition of the eligible State or locality. The Comptroller General of the United States shall submit a report on the results of each study conducted under subparagraph
(A)to— the Committee on Small Business and Entrepreneurship of the Senate; the Committee on Small Business of the House of Representatives; the Committee on the Judiciary of the Senate; and the Committee on the Judiciary of the House of Representatives. In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $1,650,000,000 for fiscal year 2023, to remain available until September 30, 2027, to carry out the program under part PP of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ), as added by subsection (a)(2). In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $17,000,000 for fiscal year 2023, to remain available until September 30, 2027, to carry out the program under subsection (b)(2). In addition to amounts otherwise available, there is appropriated, out of any funds in the Treasury not otherwise appropriated, $550,000,000 for fiscal year 2023, to remain available until September 30, 2027, to carry out the program under subsection (b)(3).
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Sec. 301
Opportunity trust fund programs
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