[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1014 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1014

To reform sentencing laws and correctional institutions, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2021

  Mr. Durbin (for himself and Mr. Grassley) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To reform sentencing laws and correctional institutions, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``First Step 
Implementation Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--SENTENCING REFORM

Sec. 101. Application of First Step Act.
Sec. 102. Modifying safety valve for drug offenses.
                      TITLE II--CORRECTIONS REFORM

Sec. 201. Parole for juveniles.
Sec. 202. Juvenile sealing and expungement.
Sec. 203. Ensuring accuracy of Federal criminal records.

                       TITLE I--SENTENCING REFORM

SEC. 101. APPLICATION OF FIRST STEP ACT.

    (a) Definitions.--In this section--
            (1) the term ``covered offense'' means--
                    (A) a violation of a Federal criminal statute, the 
                statutory penalties for which were modified by section 
                401 or 403 of the First Step Act of 2018 (Public Law 
                115-391; 132 Stat. 5220), that was committed on or 
                before December 21, 2018; or
                    (B) a violation of a Federal criminal statute, the 
                statutory penalties for which are modified by 
                subsection (b) of this section; and
            (2) the term ``serious violent felony'' has the meaning 
        given that term in section 102 of the Controlled Substances Act 
        (21 U.S.C. 802).
    (b) Amendments.--
            (1) In general.--
                    (A) Controlled substances act.--Section 401(b) of 
                the Controlled Substances Act (21 U.S.C. 841) is 
                amended--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (C), by 
                                striking ``felony drug offense'' and 
                                inserting ``serious drug felony or 
                                serious violent felony'';
                                    (II) in subparagraph (D), by 
                                striking ``felony drug offense'' and 
                                inserting ``serious drug felony or 
                                serious violent felony''; and
                                    (III) in subparagraph (E)(ii), by 
                                striking ``felony drug offense'' and 
                                inserting ``serious drug felony or 
                                serious violent felony'';
                            (ii) in paragraph (2), by striking ``felony 
                        drug offense'' and inserting ``serious drug 
                        felony or serious violent felony''; and
                            (iii) in paragraph (3), by striking 
                        ``felony drug offense'' and inserting ``serious 
                        drug felony or serious violent felony''.
                    (B) Controlled substances import and export act.--
                Section 1010(b)(3) of the Controlled Substances Import 
                and Export Act (21 U.S.C. 960(b)(3)) is amended by 
                striking ``felony drug offense'' and inserting 
                ``serious drug felony or serious violent felony''.
            (2) Pending cases.--This subsection, and the amendments 
        made by this subsection, shall apply to any sentence imposed on 
        or after the date of enactment of this Act, regardless of when 
        the offense was committed.
    (c) Defendants Previously Sentenced.--A court that imposed a 
sentence for a covered offense may, on motion of the defendant, the 
Director of the Bureau of Prisons, the attorney for the Government, or 
the court, impose a reduced sentence as if sections 401 and 403 of the 
First Step Act of 2018 (Public Law 115-391; 132 Stat. 5220) and the 
amendments made by subsection (b) of this section were in effect at the 
time the covered offense was committed if, after considering the 
factors set forth in section 3553(a) of title 18, United States Code, 
the nature and seriousness of the danger to any person, the community, 
or any crime victims, and the post-sentencing conduct of the defendant, 
the sentencing court finds a reduction is consistent with the 
amendments made by section 401 or 403 of the First Step Act of 2018 
(Public Law 115-391; 132 Stat. 5220) or with subsection (b) of this 
section.
    (d) Crime Victims.--Any proceeding under this section shall be 
subject to section 3771 of title 18, United States Code (commonly known 
as the ``Crime Victims Rights Act'').
    (e) Requirement.--For each motion filed under subsection (b), the 
Government shall conduct a particularized inquiry of the facts and 
circumstances of the original sentencing of the defendant in order to 
assess whether a reduction in sentence would be consistent with the 
First Step Act of 2018 (Public Law 115-391; 132 Stat. 5194) and the 
amendments made by that Act, including a review of any prior criminal 
conduct or any other relevant information from Federal, State, and 
local authorities.

SEC. 102. MODIFYING SAFETY VALVE FOR DRUG OFFENSES.

    (a) Amendments.--Section 3553 of title 18, United States Code, is 
amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Inadequacy of Criminal History.--
            ``(1) In general.--If subsection (f) does not apply to a 
        defendant because the defendant does not meet the requirements 
        described in subsection (f)(1) (relating to criminal history), 
        the court may, upon prior notice to the Government, waive 
        subsection (f)(1) if the court specifies in writing the 
        specific reasons why reliable information indicates that 
        excluding the defendant pursuant to subsection (f)(1) 
        substantially overrepresents the seriousness of the defendant's 
        criminal history or the likelihood that the defendant will 
        commit other crimes.
            ``(2) Prohibition.--This subsection shall not apply to any 
        defendant who has been convicted of a serious drug felony or a 
        serious violent felony as defined in paragraphs (57) and (58), 
        respectively, of section 102 of the Controlled Substances Act 
        (21 U.S.C. 802).''.

                      TITLE II--CORRECTIONS REFORM

SEC. 201. PAROLE FOR JUVENILES.

    (a) In General.--Chapter 403 of title 18, United States Code, is 
amended by inserting after section 5032 the following:
``Sec. 5032A. Modification of an imposed term of imprisonment for 
              violations of law committed prior to age 18
    ``(a) In General.--Notwithstanding any other provision of law, a 
court may reduce a term of imprisonment imposed upon a defendant 
convicted as an adult for an offense committed and completed before the 
defendant attained 18 years of age if--
            ``(1) the defendant has served not less than 20 years in 
        custody for the offense; and
            ``(2) the court finds, after considering the factors set 
        forth in subsection (c), that the defendant is not a danger to 
        the safety of any person or the community and that the 
        interests of justice warrant a sentence modification.
    ``(b) Supervised Release.--Any defendant whose sentence is reduced 
pursuant to subsection (a) shall be ordered to serve a period of 
supervised release of not less than 5 years following release from 
imprisonment. The conditions of supervised release and any modification 
or revocation of the term of supervise release shall be in accordance 
with section 3583.
    ``(c) Factors and Information To Be Considered in Determining 
Whether To Modify a Term of Imprisonment.--The court, in determining 
whether to reduce a term of imprisonment pursuant to subsection (a), 
shall consider--
            ``(1) the factors described in section 3553(a), including 
        the nature of the offense and the history and characteristics 
        of the defendant;
            ``(2) the age of the defendant at the time of the offense;
            ``(3) a report and recommendation of the Bureau of Prisons, 
        including information on whether the defendant has 
        substantially complied with the rules of each institution in 
        which the defendant has been confined and whether the defendant 
        has completed any educational, vocational, or other prison 
        program, where available;
            ``(4) a report and recommendation of the United States 
        attorney for any district in which an offense for which the 
        defendant is imprisoned was prosecuted;
            ``(5) whether the defendant has demonstrated maturity, 
        rehabilitation, and a fitness to reenter society sufficient to 
        justify a sentence reduction;
            ``(6) any statement, which may be presented orally or 
        otherwise, by any victim of an offense for which the defendant 
        is imprisoned or by a family member of the victim if the victim 
        is deceased;
            ``(7) any report from a physical, mental, or psychiatric 
        examination of the defendant conducted by a licensed health 
        care professional;
            ``(8) the family and community circumstances of the 
        defendant at the time of the offense, including any history of 
        abuse, trauma, or involvement in the child welfare system;
            ``(9) the extent of the role of the defendant in the 
        offense and whether, and to what extent, an adult was involved 
        in the offense;
            ``(10) the diminished culpability of juveniles as compared 
        to that of adults, and the hallmark features of youth, 
        including immaturity, impetuosity, and failure to appreciate 
        risks and consequences, which counsel against sentencing 
        juveniles to the otherwise applicable term of imprisonment; and
            ``(11) any other information the court determines relevant 
        to the decision of the court.
    ``(d) Limitation on Applications Pursuant to This Section.--
            ``(1) Second application.--Not earlier than 5 years after 
        the date on which an order entered by a court on an initial 
        application under this section becomes final, a court shall 
        entertain a second application by the same defendant under this 
        section.
            ``(2) Final application.--Not earlier than 5 years after 
        the date on which an order entered by a court on a second 
        application under paragraph (1) becomes final, a court shall 
        entertain a final application by the same defendant under this 
        section.
            ``(3) Prohibition.--A court may not entertain an 
        application filed after an application filed under paragraph 
        (2) by the same defendant.
    ``(e) Procedures.--
            ``(1) Notice.--The Bureau of Prisons shall provide written 
        notice of this section to--
                    ``(A) any defendant who has served not less than 19 
                years in prison for an offense committed and completed 
                before the defendant attained 18 years of age for which 
                the defendant was convicted as an adult; and
                    ``(B) the sentencing court, the United States 
                attorney, and the Federal Public Defender or Executive 
                Director of the Community Defender Organization for the 
                judicial district in which the sentence described in 
                subparagraph (A) was imposed.
            ``(2) Crime victims rights.--Upon receiving notice under 
        paragraph (1), the United States attorney shall provide any 
        notifications required under section 3771.
            ``(3) Application.--
                    ``(A) In general.--An application for a sentence 
                reduction under this section shall be filed as a motion 
                to reduce the sentence of the defendant and may include 
                affidavits or other written material.
                    ``(B) Requirement.--A motion to reduce a sentence 
                under this section shall be filed with the sentencing 
                court and a copy shall be served on the United States 
                attorney for the judicial district in which the 
                sentence was imposed.
            ``(4) Expanding the record; hearing.--
                    ``(A) Expanding the record.--After the filing of a 
                motion to reduce a sentence under this section, the 
                court may direct the parties to expand the record by 
                submitting additional written materials relating to the 
                motion.
                    ``(B) Hearing.--
                            ``(i) In general.--The court shall conduct 
                        a hearing on the motion, at which the defendant 
                        and counsel for the defendant shall be given 
                        the opportunity to be heard.
                            ``(ii) Evidence.--In a hearing under this 
                        section, the court may allow parties to present 
                        evidence.
                            ``(iii) Defendant's presence.--At a hearing 
                        under this section, the defendant shall be 
                        present unless the defendant waives the right 
                        to be present. The requirement under this 
                        clause may be satisfied by the defendant 
                        appearing by video teleconference.
                            ``(iv) Counsel.--A defendant who is unable 
                        to obtain counsel is entitled to have counsel 
                        appointed to represent the defendant for 
                        proceedings under this section, including any 
                        appeal, unless the defendant waives the right 
                        to counsel.
                            ``(v) Findings.--The court shall state in 
                        open court, and file in writing, the reasons 
                        for granting or denying a motion under this 
                        section.
                    ``(C) Appeal.--The Government or the defendant may 
                file a notice of appeal in the district court for 
                review of a final order under this section. The time 
                limit for filing such appeal shall be governed by rule 
                4(a) of the Federal Rules of Appellate Procedure.
    ``(f) Educational and Rehabilitative Programs.--A defendant who is 
convicted and sentenced as an adult for an offense committed and 
completed before the defendant attained 18 years of age may not be 
deprived of any educational, training, or rehabilitative program that 
is otherwise available to the general prison population.''.
    (b) Table of Sections.--The table of sections for chapter 403 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 5032 the following:

``5032A. Modification of an imposed term of imprisonment for violations 
                            of law committed prior to age 18.''.
    (c) Applicability.--The amendments made by this section shall apply 
to any conviction entered before, on, or after the date of enactment of 
this Act.

SEC. 202. JUVENILE SEALING AND EXPUNGEMENT.

    (a) Purpose.--The purpose of this section is to--
            (1) protect children and adults against damage stemming 
        from their juvenile acts and subsequent juvenile delinquency 
        records, including law enforcement, arrest, and court records; 
        and
            (2) prevent the unauthorized use or disclosure of 
        confidential juvenile delinquency records and any potential 
        employment, financial, psychological, or other harm that would 
        result from such unauthorized use or disclosure.
    (b) Definitions.--Section 5031 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5031. Definitions
    ``In this chapter--
            ``(1) the term `adjudication' means a determination by a 
        judge that a person committed an act of juvenile delinquency;
            ``(2) the term `conviction' means a judgment or disposition 
        in criminal court against a person following a finding of guilt 
        by a judge or jury;
            ``(3) the term `destroy' means to render a file unreadable, 
        whether paper, electronic, or otherwise stored, by shredding, 
        pulverizing, pulping, incinerating, overwriting, reformatting 
        the media, or other means;
            ``(4) the term `expunge' means to destroy a record and 
        obliterate the name of the person to whom the record pertains 
        from each official index or public record;
            ``(5) the term `expungement hearing' means a hearing held 
        under section 5045(b)(2)(B);
            ``(6) the term `expungement petition' means a petition for 
        expungement filed under section 5045(b);
            ``(7) the term `high-risk, public trust position' means a 
        position designated as a public trust position under section 
        731.106(b) of title 5, Code of Federal Regulations, or any 
        successor regulation;
            ``(8) the term `juvenile' means--
                    ``(A) except as provided in subparagraph (B), a 
                person who has not attained the age of 18 years; and
                    ``(B) for the purpose of proceedings and 
                disposition under this chapter for an alleged act of 
                juvenile delinquency, a person who has not attained the 
                age of 21 years;
            ``(9) the term `juvenile delinquency' means the violation 
        of a law of the United States committed by a person before 
        attaining the age of 18 years which would have been a crime if 
        committed by an adult, or a violation by such a person of 
        section 922(x);
            ``(10) the term `juvenile nonviolent offense' means--
                    ``(A) in the case of an arrest or an adjudication 
                that is dismissed or finds the juvenile to be not 
                delinquent, an act of juvenile delinquency that is 
                not--
                            ``(i) a criminal homicide, forcible rape or 
                        any other sex offense (as defined in section 
                        111 of the Sex Offender Registration and 
                        Notification Act (34 U.S.C. 20911)), 
                        kidnapping, aggravated assault, robbery, 
                        burglary of an occupied structure, arson, or a 
                        drug trafficking crime in which a firearm was 
                        used; or
                            ``(ii) a Federal crime of terrorism (as 
                        defined in section 2332b(g)); and
                    ``(B) in the case of an adjudication that finds the 
                juvenile to be delinquent, an act of juvenile 
                delinquency that is not--
                            ``(i) described in clause (i) or (ii) of 
                        subparagraph (A); or
                            ``(ii) a misdemeanor crime of domestic 
                        violence (as defined in section 921(a)(33));
            ``(11) the term `juvenile record'--
                    ``(A) means a record maintained by a court, the 
                probation system, a law enforcement agency, or any 
                other government agency, of the juvenile delinquency 
                proceedings of a person;
                    ``(B) includes--
                            ``(i) a juvenile legal file, including a 
                        formal document such as a petition, notice, 
                        motion, legal memorandum, order, or decree;
                            ``(ii) a social record, including--
                                    ``(I) a record of a probation 
                                officer;
                                    ``(II) a record of any government 
                                agency that keeps records relating to 
                                juvenile delinquency;
                                    ``(III) a medical record;
                                    ``(IV) a psychiatric or 
                                psychological record;
                                    ``(V) a birth certificate;
                                    ``(VI) an education record, 
                                including an individualized education 
                                plan;
                                    ``(VII) a detention record;
                                    ``(VIII) demographic information 
                                that identifies a juvenile or the 
                                family of a juvenile; or
                                    ``(IX) any other record that 
                                includes personally identifiable 
                                information that may be associated with 
                                a juvenile delinquency proceeding, an 
                                act of juvenile delinquency, or an 
                                alleged act of juvenile delinquency; 
                                and
                            ``(iii) a law enforcement record, including 
                        a photograph or a State criminal justice 
                        information system record; and
                    ``(C) does not include--
                            ``(i) fingerprints; or
                            ``(ii) a DNA sample;
            ``(12) the term `petitioner' means a person who files an 
        expungement petition or a sealing petition;
            ``(13) the term `seal' means--
                    ``(A) to close a record from public viewing so that 
                the record cannot be examined except by court order; 
                and
                    ``(B) to physically seal the record shut and label 
                the record `SEALED' or, in the case of an electronic 
                record, the substantive equivalent;
            ``(14) the term `sealing hearing' means a hearing held 
        under section 5044(b)(2)(B); and
            ``(15) the term `sealing petition' means a petition for a 
        sealing order filed under section 5044(b).''.
    (c) Confidentiality.--Section 5038 of title 18, United States Code, 
is amended--
            (1) in subsection (a), in the flush text following 
        paragraph (6), by inserting after ``bonding,'' the following: 
        ``participation in an educational system,''; and
            (2) in subsection (b), by striking ``District courts 
        exercising jurisdiction over any juvenile'' and inserting the 
        following: ``Not later than 7 days after the date on which a 
        district court exercises jurisdiction over a juvenile, the 
        district court''.
    (d) Sealing; Expungement.--
            (1) In general.--Chapter 403 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 5044. Sealing
    ``(a) Automatic Sealing of Nonviolent Offenses.--
            ``(1) In general.--Three years after the date on which a 
        person who is adjudicated delinquent under this chapter for a 
        juvenile nonviolent offense completes every term of probation, 
        official detention, or juvenile delinquent supervision ordered 
        by the court with respect to the offense, the court shall order 
        the sealing of each juvenile record or portion thereof that 
        relates to the offense if the person--
                    ``(A) has not been convicted of a crime or 
                adjudicated delinquent for an act of juvenile 
                delinquency since the date of the disposition; and
                    ``(B) is not engaged in active criminal court 
                proceedings or juvenile delinquency proceedings.
            ``(2) Automatic nature of sealing.--The order of sealing 
        under paragraph (1) shall require no action by the person whose 
        juvenile records are to be sealed.
            ``(3) Notice of automatic sealing.--A court that orders the 
        sealing of a juvenile record of a person under paragraph (1) 
        shall, in writing, inform the person of the sealing and the 
        benefits of sealing the record.
    ``(b) Petitioning for Early Sealing of Nonviolent Offenses.--
            ``(1) Right to file sealing petition.--
                    ``(A) In general.--During the 3-year period 
                beginning on the date on which a person who is 
                adjudicated delinquent under this chapter for a 
                juvenile nonviolent offense completes every term of 
                probation, official detention, or juvenile delinquent 
                supervision ordered by the court with respect to the 
                offense, the person may petition the court to seal the 
                juvenile records that relate to the offense, unless the 
                person--
                            ``(i) has been convicted of a crime or 
                        adjudicated delinquent for an act of juvenile 
                        delinquency since the date of the disposition; 
                        or
                            ``(ii) is engaged in active criminal court 
                        proceedings or juvenile delinquency 
                        proceedings.
                    ``(B) Notice of opportunity to file petition.--If a 
                person is adjudicated delinquent for a juvenile 
                nonviolent offense, the court in which the person is 
                adjudicated delinquent shall, in writing, inform the 
                person of the potential eligibility of the person to 
                file a sealing petition with respect to the offense 
                upon completing every term of probation, official 
                detention, or juvenile delinquent supervision ordered 
                by the court with respect to the offense, and the 
                necessary procedures for filing the sealing petition--
                            ``(i) on the date on which the individual 
                        is adjudicated delinquent; and
                            ``(ii) on the date on which the individual 
                        has completed every term of probation, official 
                        detention, or juvenile delinquent supervision 
                        ordered by the court with respect to the 
                        offense.
            ``(2) Procedures.--
                    ``(A) Notification to prosecutor.--If a person 
                files a sealing petition with respect to a juvenile 
                nonviolent offense, the court in which the petition is 
                filed shall provide notice of the petition--
                            ``(i) to the Attorney General; and
                            ``(ii) upon the request of the petitioner, 
                        to any other individual that the petitioner 
                        determines may testify as to--
                                    ``(I) the conduct of the petitioner 
                                since the date of the offense; or
                                    ``(II) the reasons that the sealing 
                                order should be entered.
                    ``(B) Hearing.--
                            ``(i) In general.--If a person files a 
                        sealing petition, the court shall--
                                    ``(I) except as provided in clause 
                                (iii), conduct a hearing in accordance 
                                with clause (ii); and
                                    ``(II) determine whether to enter a 
                                sealing order for the person in 
                                accordance with subparagraph (C).
                            ``(ii) Opportunity to testify and offer 
                        evidence.--
                                    ``(I) Petitioner.--The petitioner 
                                may testify or offer evidence at the 
                                sealing hearing in support of sealing.
                                    ``(II) Prosecutor.--The Attorney 
                                General may send a representative to 
                                testify or offer evidence at the 
                                sealing hearing in support of or 
                                against sealing.
                                    ``(III) Other individuals.--An 
                                individual who receives notice under 
                                subparagraph (A)(ii) may testify or 
                                offer evidence at the sealing hearing 
                                as to the issues described in 
                                subclauses (I) and (II) of that 
                                subparagraph.
                            ``(iii) Waiver of hearing.--If the 
                        petitioner and the Attorney General so agree, 
                        the court shall make a determination under 
                        subparagraph (C) without a hearing.
                    ``(C) Basis for decision.--The court shall 
                determine whether to grant the sealing petition after 
                considering--
                            ``(i) the sealing petition and any 
                        documents in the possession of the court;
                            ``(ii) all the evidence and testimony 
                        presented at the sealing hearing, if such a 
                        hearing is conducted;
                            ``(iii) the best interests of the 
                        petitioner;
                            ``(iv) the age of the petitioner during his 
                        or her contact with the court or any law 
                        enforcement agency;
                            ``(v) the nature of the juvenile nonviolent 
                        offense;
                            ``(vi) the disposition of the case;
                            ``(vii) the manner in which the petitioner 
                        participated in any court-ordered 
                        rehabilitative programming or supervised 
                        services;
                            ``(viii) the length of the time period 
                        during which the petitioner has been without 
                        contact with any court or law enforcement 
                        agency;
                            ``(ix) whether the petitioner has had any 
                        criminal or juvenile delinquency involvement 
                        since the disposition of the juvenile 
                        delinquency proceeding; and
                            ``(x) the adverse consequences the 
                        petitioner may suffer if the petition is not 
                        granted.
                    ``(D) Waiting period after denial.--If the court 
                denies a sealing petition, the petitioner may not file 
                a new sealing petition with respect to the same 
                juvenile nonviolent offense until the date that is 2 
                years after the date of the denial.
                    ``(E) Universal form.--The Director of the 
                Administrative Office of the United States Courts shall 
                create a universal form, available over the internet 
                and in paper form, that an individual may use to file a 
                sealing petition.
                    ``(F) No fee for indigent petitioners.--If the 
                court determines that the petitioner is indigent, there 
                shall be no cost for filing a sealing petition.
                    ``(G) Reporting.--Not later than 2 years after the 
                date of enactment of this section, and each year 
                thereafter, the Director of the Administrative Office 
                of the United States Courts shall issue a public report 
                that--
                            ``(i) describes--
                                    ``(I) the number of sealing 
                                petitions granted and denied under this 
                                subsection; and
                                    ``(II) the number of instances in 
                                which the Attorney General supported or 
                                opposed a sealing petition;
                            ``(ii) includes any supporting data that 
                        the Director determines relevant and that does 
                        not name any petitioner; and
                            ``(iii) disaggregates all relevant data by 
                        race, ethnicity, gender, and the nature of the 
                        offense.
                    ``(H) Public defender eligibility.--
                            ``(i) Petitioners under age 18.--The 
                        district court shall appoint counsel in 
                        accordance with the plan of the district court 
                        in operation under section 3006A to represent a 
                        petitioner for purposes of this subsection if 
                        the petitioner is less than 18 years of age.
                            ``(ii) Petitioners age 18 and older.--
                                    ``(I) Discretion of court.--In the 
                                case of a petitioner who is not less 
                                than 18 years of age, the district 
                                court may, in its discretion, appoint 
                                counsel in accordance with the plan of 
                                the district court in operation under 
                                section 3006A to represent the 
                                petitioner for purposes of this 
                                subsection.
                                    ``(II) Considerations.--In 
                                determining whether to appoint counsel 
                                under subclause (I), the court shall 
                                consider--
                                            ``(aa) the anticipated 
                                        complexity of the sealing 
                                        hearing, including the number 
                                        and type of witnesses called to 
                                        advocate against the sealing of 
                                        the records of the petitioner; 
                                        and
                                            ``(bb) the potential for 
                                        adverse testimony by a victim 
                                        or a representative of the 
                                        Attorney General.
    ``(c) Effect of Sealing Order.--
            ``(1) Protection from disclosure.--Except as provided in 
        paragraphs (3) and (4), if a court orders the sealing of a 
        juvenile record of a person under subsection (a) or (b) with 
        respect to a juvenile nonviolent offense, the proceedings in 
        the case shall be deemed never to have occurred, and the person 
        may properly reply accordingly to any inquiry about the events 
        the records of which are ordered sealed.
            ``(2) Verification of sealing.--If a court orders the 
        sealing of a juvenile record under subsection (a) or (b) with 
        respect to a juvenile nonviolent offense, the court shall--
                    ``(A) send a copy of the sealing order to each 
                entity or person known to the court that possesses a 
                record relating to the offense, including each--
                            ``(i) law enforcement agency; and
                            ``(ii) public or private correctional or 
                        detention facility;
                    ``(B) in the sealing order, require each entity or 
                person described in subparagraph (A) to--
                            ``(i) seal the record; and
                            ``(ii) submit a written certification to 
                        the court, under penalty of perjury, that the 
                        entity or person has sealed each paper and 
                        electronic copy of the record;
                    ``(C) seal each paper and electronic copy of the 
                record in the possession of the court; and
                    ``(D) after receiving a written certification from 
                each entity or person under subparagraph (B)(ii), 
                notify the petitioner that each entity or person 
                described in subparagraph (A) has sealed each paper and 
                electronic copy of the record.
            ``(3) Law enforcement access to sealed records.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a law enforcement agency may access a 
                sealed juvenile record in the possession of the agency 
                or another law enforcement agency solely--
                            ``(i) to determine whether the person who 
                        is the subject of the record is a nonviolent 
                        offender eligible for a first-time-offender 
                        diversion program;
                            ``(ii) for investigatory or prosecutorial 
                        purposes; or
                            ``(iii) for a background check that relates 
                        to--
                                    ``(I) law enforcement employment; 
                                or
                                    ``(II) any position that a Federal 
                                agency designates as a--
                                            ``(aa) national security 
                                        position; or
                                            ``(bb) high-risk, public 
                                        trust position.
                    ``(B) Transition period.--During the 1-year period 
                beginning on the date on which a court orders the 
                sealing of a juvenile record under this section, a law 
                enforcement agency may, for law enforcement purposes, 
                access the record if the record is in the possession of 
                the agency or another law enforcement agency.
            ``(4) Prohibition on disclosure.--
                    ``(A) Prohibition.--Except as provided in 
                subparagraph (C), it shall be unlawful to intentionally 
                make or attempt to make an unauthorized disclosure of 
                any information from a sealed juvenile record in 
                violation of this section.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined under this title, 
                imprisoned for not more than 1 year, or both.
                    ``(C) Exceptions.--
                            ``(i) Background checks.--In the case of a 
                        background check for law enforcement employment 
                        or for any employment that requires a 
                        government security clearance--
                                    ``(I) a person who is the subject 
                                of a juvenile record sealed under this 
                                section shall disclose the contents of 
                                the record; and
                                    ``(II) a law enforcement agency 
                                that possesses a juvenile record sealed 
                                under this section--
                                            ``(aa) may disclose the 
                                        contents of the record; and
                                            ``(bb) if the agency 
                                        obtains or is subject to a 
                                        court order authorizing 
                                        disclosure of the record, may 
                                        disclose the record.
                            ``(ii) Disclosure to armed forces.--A 
                        person, including a law enforcement agency that 
                        possesses a juvenile record sealed under this 
                        section, may disclose information from a 
                        juvenile record sealed under this section to 
                        the Secretaries of the military departments (or 
                        the Secretary of Homeland Security with respect 
                        to the Coast Guard when it is not operating as 
                        a service in the Navy) for the purpose of 
                        vetting an enlistment or commission, or with 
                        regard to any member of the Armed Forces.
                            ``(iii) Criminal and juvenile 
                        proceedings.--A prosecutor or other law 
                        enforcement officer may disclose information 
                        from a juvenile record sealed under this 
                        section, and a person who is the subject of a 
                        juvenile record sealed under this section may 
                        be required to testify or otherwise disclose 
                        information about the record, in a criminal or 
                        other proceeding if such disclosure is required 
                        by the Constitution of the United States, the 
                        constitution of a State, or a Federal or State 
                        statute or rule.
                            ``(iv) Authorization for person to disclose 
                        own record.--A person who is the subject of a 
                        juvenile record sealed under this section may 
                        choose to disclose the record.
    ``(d) Limitation Relating to Subsequent Incidents.--
            ``(1) After filing and before petition granted.--If, after 
        the date on which a person files a sealing petition with 
        respect to a juvenile offense and before the court determines 
        whether to grant the petition, the person is convicted of a 
        crime, adjudicated delinquent for an act of juvenile 
        delinquency, or engaged in active criminal court proceedings or 
        juvenile delinquency proceedings, the court shall deny the 
        petition.
            ``(2) After petition granted.--If, on or after the date on 
        which a court orders the sealing of a juvenile record of a 
        person under subsection (b), the person is convicted of a crime 
        or adjudicated delinquent for an act of juvenile delinquency--
                    ``(A) the court shall--
                            ``(i) vacate the order; and
                            ``(ii) notify the person who is the subject 
                        of the juvenile record, and each entity or 
                        person described in subsection (c)(2)(A), that 
                        the order has been vacated; and
                    ``(B) the record shall no longer be sealed.
    ``(e) Inclusion of State Juvenile Delinquency Adjudications and 
Proceedings.--For purposes of subparagraphs (A) and (B) of subsection 
(a)(1), clauses (i) and (ii) of subsection (b)(1)(A), subsection 
(b)(1)(C)(ix), and paragraphs (1) and (2) of subsection (d), the term 
`juvenile delinquency' includes the violation of a law of a State 
committed by a person before attaining the age of 18 years which would 
have been a crime if committed by an adult.
``Sec. 5045. Expungement
    ``(a) Automatic Expungement of Certain Records.--
            ``(1) Attorney general motion.--
                    ``(A) Nonviolent offenses committed before a person 
                turned 15.--If a person is adjudicated delinquent under 
                this chapter for a juvenile nonviolent offense 
                committed before the person attained 15 years of age 
                and completes every term of probation, official 
                detention, or juvenile delinquent supervision ordered 
                by the court with respect to the offense before 
                attaining 18 years of age, on the date on which the 
                person attains 18 years of age, the Attorney General 
                shall file a motion in the district court of the United 
                States in which the person was adjudicated delinquent 
                requesting that each juvenile record of the person that 
                relates to the offense be expunged.
                    ``(B) Arrests.--If a juvenile is arrested by a 
                Federal law enforcement agency for a juvenile 
                nonviolent offense for which a juvenile delinquency 
                proceeding is not instituted under this chapter, and 
                for which the United States does not proceed against 
                the juvenile as an adult in a district court of the 
                United States, the Attorney General shall file a motion 
                in the district court of the United States that would 
                have had jurisdiction of the proceeding requesting that 
                each juvenile record relating to the arrest be 
                expunged.
                    ``(C) Expungement order.--Upon the filing of a 
                motion in a district court of the United States with 
                respect to a juvenile nonviolent offense under 
                subparagraph (A) or an arrest for a juvenile nonviolent 
                offense under subparagraph (B), the court shall grant 
                the motion and order that each juvenile record relating 
                to the offense or arrest, as applicable, be expunged.
            ``(2) Dismissed cases.--If a district court of the United 
        States dismisses an information with respect to a juvenile 
        under this chapter or finds a juvenile not to be delinquent in 
        a juvenile delinquency proceeding under this chapter, the court 
        shall concurrently order that each juvenile record relating to 
        the applicable proceeding be expunged.
            ``(3) Automatic nature of expungement.--An order of 
        expungement under paragraph (1)(C) or (2) shall not require any 
        action by the person whose records are to be expunged.
            ``(4) Notice of automatic expungement.--A court that orders 
        the expungement of a juvenile record of a person under 
        paragraph (1)(C) or (2) shall, in writing, inform the person of 
        the expungement and the benefits of expunging the record.
    ``(b) Petitioning for Expungement of Nonviolent Offenses.--
            ``(1) In general.--A person who is adjudicated delinquent 
        under this chapter for a juvenile nonviolent offense committed 
        on or after the date on which the person attained 15 years of 
        age may petition the court in which the proceeding took place 
        to order the expungement of the juvenile record that relates to 
        the offense unless the person--
                    ``(A) has been convicted of a crime or adjudicated 
                delinquent for an act of juvenile delinquency since the 
                date of the disposition;
                    ``(B) is engaged in active criminal court 
                proceedings or juvenile delinquency proceedings; or
                    ``(C) has had not less than 2 adjudications of 
                delinquency previously expunged under this section.
            ``(2) Procedures.--
                    ``(A) Notification of prosecutor and victims.--If a 
                person files an expungement petition with respect to a 
                juvenile nonviolent offense, the court in which the 
                petition is filed shall provide notice of the 
                petition--
                            ``(i) to the Attorney General; and
                            ``(ii) upon the request of the petitioner, 
                        to any other individual that the petitioner 
                        determines may testify as to--
                                    ``(I) the conduct of the petitioner 
                                since the date of the offense; or
                                    ``(II) the reasons that the 
                                expungement order should be entered.
                    ``(B) Hearing.--
                            ``(i) In general.--If a person files an 
                        expungement petition, the court shall--
                                    ``(I) except as provided in clause 
                                (iii), conduct a hearing in accordance 
                                with clause (ii); and
                                    ``(II) determine whether to enter 
                                an expungement order for the person in 
                                accordance with subparagraph (C).
                            ``(ii) Opportunity to testify and offer 
                        evidence.--
                                    ``(I) Petitioner.--The petitioner 
                                may testify or offer evidence at the 
                                expungement hearing in support of 
                                expungement.
                                    ``(II) Prosecutor.--The Attorney 
                                General may send a representative to 
                                testify or offer evidence at the 
                                expungement hearing in support of or 
                                against expungement.
                                    ``(III) Other individuals.--An 
                                individual who receives notice under 
                                subparagraph (A)(ii) may testify or 
                                offer evidence at the expungement 
                                hearing as to the issues described in 
                                subclauses (I) and (II) of that 
                                subparagraph.
                            ``(iii) Waiver of hearing.--If the 
                        petitioner and the Attorney General so agree, 
                        the court shall make a determination under 
                        subparagraph (C) without a hearing.
                    ``(C) Basis for decision.--The court shall 
                determine whether to grant an expungement petition 
                after considering--
                            ``(i) the petition and any documents in the 
                        possession of the court;
                            ``(ii) all the evidence and testimony 
                        presented at the expungement hearing, if such a 
                        hearing is conducted;
                            ``(iii) the best interests of the 
                        petitioner;
                            ``(iv) the age of the petitioner during his 
                        or her contact with the court or any law 
                        enforcement agency;
                            ``(v) the nature of the juvenile nonviolent 
                        offense;
                            ``(vi) the disposition of the case;
                            ``(vii) the manner in which the petitioner 
                        participated in any court-ordered 
                        rehabilitative programming or supervised 
                        services;
                            ``(viii) the length of the time period 
                        during which the petitioner has been without 
                        contact with any court or any law enforcement 
                        agency;
                            ``(ix) whether the petitioner has had any 
                        criminal or juvenile delinquency involvement 
                        since the disposition of the juvenile 
                        delinquency proceeding; and
                            ``(x) the adverse consequences the 
                        petitioner may suffer if the petition is not 
                        granted.
                    ``(D) Waiting period after denial.--If the court 
                denies an expungement petition, the petitioner may not 
                file a new expungement petition with respect to the 
                same offense until the date that is 2 years after the 
                date of the denial.
                    ``(E) Universal form.--The Director of the 
                Administrative Office of the United States Courts shall 
                create a universal form, available over the internet 
                and in paper form, that an individual may use to file 
                an expungement petition.
                    ``(F) No fee for indigent petitioners.--If the 
                court determines that the petitioner is indigent, there 
                shall be no cost for filing an expungement petition.
                    ``(G) Reporting.--Not later than 2 years after the 
                date of enactment of this section, and each year 
                thereafter, the Director of the Administrative Office 
                of the United States Courts shall issue a public report 
                that--
                            ``(i) describes--
                                    ``(I) the number of expungement 
                                petitions granted and denied under this 
                                subsection; and
                                    ``(II) the number of instances in 
                                which the Attorney General supported or 
                                opposed an expungement petition;
                            ``(ii) includes any supporting data that 
                        the Director determines relevant and that does 
                        not name any petitioner; and
                            ``(iii) disaggregates all relevant data by 
                        race, ethnicity, gender, and the nature of the 
                        offense.
                    ``(H) Public defender eligibility.--
                            ``(i) Petitioners under age 18.--The 
                        district court shall appoint counsel in 
                        accordance with the plan of the district court 
                        in operation under section 3006A to represent a 
                        petitioner for purposes of this subsection if 
                        the petitioner is less than 18 years of age.
                            ``(ii) Petitioners age 18 and older.--
                                    ``(I) Discretion of court.--In the 
                                case of a petitioner who is not less 
                                than 18 years of age, the district 
                                court may, in its discretion, appoint 
                                counsel in accordance with the plan of 
                                the district court in operation under 
                                section 3006A to represent the 
                                petitioner for purposes of this 
                                subsection.
                                    ``(II) Considerations.--In 
                                determining whether to appoint counsel 
                                under subclause (I), the court shall 
                                consider--
                                            ``(aa) the anticipated 
                                        complexity of the expungement 
                                        hearing, including the number 
                                        and type of witnesses called to 
                                        advocate against the 
                                        expungement of the records of 
                                        the petitioner; and
                                            ``(bb) the potential for 
                                        adverse testimony by a victim 
                                        or a representative of the 
                                        Attorney General.
    ``(c) Effect of Expunged Juvenile Record.--
            ``(1) Protection from disclosure.--Except as provided in 
        paragraphs (4) through (8), if a court orders the expungement 
        of a juvenile record of a person under subsection (a) or (b) 
        with respect to a juvenile nonviolent offense, the proceedings 
        in the case shall be deemed never to have occurred, and the 
        person may properly reply accordingly to any inquiry about the 
        events the records of which are ordered expunged.
            ``(2) Verification of expungement.--If a court orders the 
        expungement of a juvenile record under subsection (a) or (b) 
        with respect to a juvenile nonviolent offense, the court 
        shall--
                    ``(A) send a copy of the expungement order to each 
                entity or person known to the court that possesses a 
                record relating to the offense, including each--
                            ``(i) law enforcement agency; and
                            ``(ii) public or private correctional or 
                        detention facility;
                    ``(B) in the expungement order--
                            ``(i) require each entity or person 
                        described in subparagraph (A) to--
                                    ``(I) seal the record for 1 year 
                                and, during that 1-year period, apply 
                                paragraphs (3) and (4) of section 
                                5044(c) with respect to the record;
                                    ``(II) on the date that is 1 year 
                                after the date of the order, destroy 
                                the record unless a subsequent incident 
                                described in subsection (d)(2) occurs; 
                                and
                                    ``(III) submit a written 
                                certification to the court, under 
                                penalty of perjury, that the entity or 
                                person has destroyed each paper and 
                                electronic copy of the record; and
                            ``(ii) explain that if a subsequent 
                        incident described in subsection (d)(2) occurs, 
                        the order shall be vacated and the record shall 
                        no longer be sealed;
                    ``(C) on the date that is 1 year after the date of 
                the order, destroy each paper and electronic copy of 
                the record in the possession of the court unless a 
                subsequent incident described in subsection (d)(2) 
                occurs; and
                    ``(D) after receiving a written certification from 
                each entity or person under subparagraph (B)(i)(III), 
                notify the petitioner that each entity or person 
                described in subparagraph (A) has destroyed each paper 
                and electronic copy of the record.
            ``(3) Reply to inquiries.--On and after the date that is 1 
        year after the date on which a court orders the expungement of 
        a juvenile record of a person under this section, in the case 
        of an inquiry relating to the juvenile record, the court, each 
        law enforcement officer, any agency that provided treatment or 
        rehabilitation services to the person, and the person (except 
        as provided in paragraphs (4) through (8)) shall reply to the 
        inquiry that no such juvenile record exists.
            ``(4) Civil actions.--
                    ``(A) In general.--On and after the date on which a 
                court orders the expungement of a juvenile record of a 
                person under this section, if the person brings an 
                action against a law enforcement agency that arrested, 
                or participated in the arrest of, the person for the 
                offense to which the record relates, or against the 
                State or political subdivision of a State of which the 
                law enforcement agency is an agency, in which the 
                contents of the record are relevant to the resolution 
                of the issues presented in the action, there shall be a 
                rebuttable presumption that the defendant has a 
                complete defense to the action.
                    ``(B) Showing by plaintiff.--In an action described 
                in subparagraph (A), the plaintiff may rebut the 
                presumption of a complete defense by showing that the 
                contents of the expunged record would not prevent the 
                defendant from being held liable.
                    ``(C) Duty to testify as to existence of record.--
                The court in which an action described in subparagraph 
                (A) is filed may require the plaintiff to state under 
                oath whether the plaintiff had a juvenile record and 
                whether the record was expunged.
                    ``(D) Proof of existence of juvenile record.--If 
                the plaintiff in an action described in subparagraph 
                (A) denies the existence of a juvenile record, the 
                defendant may prove the existence of the record in any 
                manner compatible with the applicable laws of evidence.
            ``(5) Criminal and juvenile proceedings.--On and after the 
        date that is 1 year after the date on which a court orders the 
        expungement of a juvenile record under this section, a 
        prosecutor or other law enforcement officer may disclose 
        underlying information from the juvenile record, and the person 
        who is the subject of the juvenile record may be required to 
        testify or otherwise disclose information about the record, in 
        a criminal or other proceeding if such disclosure is required 
        by the Constitution of the United States, the constitution of a 
        State, or a Federal or State statute or rule.
            ``(6) Background checks.--On and after the date that is 1 
        year after the date on which a court orders the expungement of 
        a juvenile record under this section, in the case of a 
        background check for law enforcement employment or for any 
        employment that requires a government security clearance, the 
        person who is the subject of the juvenile record may be 
        required to disclose underlying information from the record.
            ``(7) Disclosure to armed forces.--On and after the date 
        that is 1 year after the date on which a court orders the 
        expungement of a juvenile record under this section, a person, 
        including a law enforcement agency that possessed such a 
        juvenile record, may be required to disclose underlying 
        information from the record to the Secretaries of the military 
        departments (or the Secretary of Homeland Security with respect 
        to the Coast Guard when it is not operating as a service in the 
        Navy) for the purpose of vetting an enlistment or commission, 
        or with regard to any member of the Armed Forces.
            ``(8) Authorization for person to disclose own record.--A 
        person who is the subject of a juvenile record expunged under 
        this section may choose to disclose the record.
            ``(9) Treatment as sealed record during transition 
        period.--During the 1-year period beginning on the date on 
        which a court orders the expungement of a juvenile record under 
        this section, paragraphs (3) and (4) of section 5044(c) shall 
        apply with respect to the record as if the record had been 
        sealed under that section.
    ``(d) Limitation Relating to Subsequent Incidents.--
            ``(1) After filing and before petition granted.--If, after 
        the date on which a person files an expungement petition with 
        respect to a juvenile offense and before the court determines 
        whether to grant the petition, the person is convicted of a 
        crime, adjudicated delinquent for an act of juvenile 
        delinquency, or engaged in active criminal court proceedings or 
        juvenile delinquency proceedings, the court shall deny the 
        petition.
            ``(2) After petition granted.--If, on or after the date on 
        which a court orders the expungement of a juvenile record of a 
        person under subsection (b), the person is convicted of a 
        crime, adjudicated delinquent for an act of juvenile 
        delinquency, or engaged in active criminal court proceedings or 
        juvenile delinquency proceedings--
                    ``(A) the court that ordered the expungement 
                shall--
                            ``(i) vacate the order; and
                            ``(ii) notify the person who is the subject 
                        of the juvenile record, and each entity or 
                        person described in subsection (c)(2)(A), that 
                        the order has been vacated; and
                    ``(B) the record--
                            ``(i) shall not be expunged; or
                            ``(ii) if the record has been expunged 
                        because 1 year has elapsed since the date of 
                        the expungement order, shall not be treated as 
                        having been expunged.
    ``(e) Inclusion of State Juvenile Delinquency Adjudications and 
Proceedings.--For purposes of subparagraphs (A), (B), and (C)(ix) of 
subsection (b)(1) and paragraphs (1) and (2) of subsection (d), the 
term `juvenile delinquency' includes the violation of a law of a State 
committed by a person before attaining the age of 18 years which would 
have been a crime if committed by an adult.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 403 of title 18, United States Code, is 
        amended by adding at the end the following:

``5044. Sealing.
``5045. Expungement.''.
            (3) Applicability.--Sections 5044 and 5045 of title 18, 
        United States Code, as added by paragraph (1), shall apply with 
        respect to a juvenile nonviolent offense (as defined in section 
        5031 of such title, as amended by subsection (b)) that is 
        committed or alleged to have been committed before, on, or 
        after the date of enactment of this Act.
    (e) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to authorize the sealing or expungement of a 
record of a criminal conviction of a juvenile who was proceeded against 
as an adult in a district court of the United States.

SEC. 203. ENSURING ACCURACY OF FEDERAL CRIMINAL RECORDS.

    (a) In General.--Section 534 of title 28, United States Code, is 
amended by adding at the end the following:
    ``(g) Ensuring Accuracy of Federal Criminal Records.--
            ``(1) Definitions.--
                    ``(A) In general.--In this subsection--
                            ``(i) the term `applicant' means the 
                        individual to whom a record sought to be 
                        exchanged pertains;
                            ``(ii) the term `high-risk, public trust 
                        position' means a position designated as a 
                        public trust position under section 731.106(b) 
                        of title 5, Code of Federal Regulations, or any 
                        successor regulation;
                            ``(iii) the term `incomplete', with respect 
                        to a record, means the record--
                                    ``(I) indicates that an individual 
                                was arrested but does not describe the 
                                offense for which the individual was 
                                arrested; or
                                    ``(II) indicates that an individual 
                                was arrested or criminal proceedings 
                                were instituted against an individual 
                                but does not include the final 
                                disposition of the arrest or of the 
                                proceedings if a final disposition has 
                                been reached;
                            ``(iv) the term `record' means a record or 
                        other information collected under this section 
                        that relates to--
                                    ``(I) an arrest by a Federal law 
                                enforcement officer; or
                                    ``(II) a Federal criminal 
                                proceeding;
                            ``(v) the term `reporting jurisdiction' 
                        means any person or entity that provides a 
                        record to the Attorney General under this 
                        section; and
                            ``(vi) the term `requesting entity'--
                                    ``(I) means a person or entity that 
                                seeks the exchange of a record for 
                                civil purposes that include employment, 
                                housing, credit, or any other type of 
                                application; and
                                    ``(II) does not include a law 
                                enforcement or intelligence agency that 
                                seeks the exchange of a record for--
                                            ``(aa) investigative 
                                        purposes; or
                                            ``(bb) purposes relating to 
                                        law enforcement employment.
                    ``(B) Rule of construction.--The definition of the 
                term `requesting entity' under subparagraph (A) shall 
                not be construed to authorize access to records that is 
                not otherwise authorized by law.
            ``(2) Incomplete or inaccurate records.--The Attorney 
        General shall establish and enforce procedures to ensure the 
        prompt release of accurate records exchanged for employment-
        related purposes through the records system created under this 
        section.
            ``(3) Required procedures.--The procedures established 
        under paragraph (2) shall include the following:
                    ``(A) Inaccurate record or information.--If the 
                Attorney General determines that a record is 
                inaccurate, the Attorney General shall promptly correct 
                the record, including by making deletions to the record 
                if appropriate.
                    ``(B) Incomplete record.--
                            ``(i) In general.--If the Attorney General 
                        determines that a record is incomplete or 
                        cannot be verified, the Attorney General--
                                    ``(I) shall attempt to complete or 
                                verify the record; and
                                    ``(II) if unable to complete or 
                                verify the record, may promptly make 
                                any changes or deletions to the record.
                            ``(ii) Lack of disposition of arrest.--For 
                        purposes of this subparagraph, an incomplete 
                        record includes a record that indicates there 
                        was an arrest and does not include the 
                        disposition of the arrest.
                            ``(iii) Obtaining disposition of arrest.--
                        If the Attorney General determines that a 
                        record is an incomplete record described in 
                        clause (ii), the Attorney General shall, not 
                        later than 10 days after the date on which the 
                        requesting entity requests the exchange and 
                        before the exchange is made, obtain the 
                        disposition (if any) of the arrest.
                    ``(C) Notification of reporting jurisdiction.--The 
                Attorney General shall notify each appropriate 
                reporting jurisdiction of any action taken under 
                subparagraph (A) or (B).
                    ``(D) Opportunity to review records by applicant.--
                In connection with an exchange of a record under this 
                section, the Attorney General shall--
                            ``(i) notify the applicant that the 
                        applicant can obtain a copy of the record as 
                        described in clause (ii) if the applicant 
                        demonstrates a reasonable basis for the 
                        applicant's review of the record;
                            ``(ii) provide to the applicant an 
                        opportunity, upon request and in accordance 
                        with clause (i), to--
                                    ``(I) obtain a copy of the record; 
                                and
                                    ``(II) challenge the accuracy and 
                                completeness of the record;
                            ``(iii) promptly notify the requesting 
                        entity of any such challenge;
                            ``(iv) not later than 30 days after the 
                        date on which the challenge is made, complete 
                        an investigation of the challenge;
                            ``(v) provide to the applicant the specific 
                        findings and results of that investigation;
                            ``(vi) promptly make any changes or 
                        deletions to the records required as a result 
                        of the challenge; and
                            ``(vii) report those changes to the 
                        requesting entity.
                    ``(E) Certain exchanges prohibited.--
                            ``(i) In general.--An exchange shall not 
                        include any record--
                                    ``(I) except as provided in clause 
                                (ii), about an arrest more than 2 years 
                                old as of the date of the request for 
                                the exchange, that does not also 
                                include a disposition (if any) of that 
                                arrest;
                                    ``(II) relating to an adult or 
                                juvenile nonserious offense of the sort 
                                described in section 20.32(b) of title 
                                28, Code of Federal Regulations, as in 
                                effect on July 1, 2009; or
                                    ``(III) to the extent the record is 
                                not clearly an arrest or a disposition 
                                of an arrest.
                            ``(ii) Applicants for sensitive 
                        positions.--The prohibition under clause (i)(I) 
                        shall not apply in the case of a background 
                        check that relates to--
                                    ``(I) law enforcement employment; 
                                or
                                    ``(II) any position that a Federal 
                                agency designates as a--
                                            ``(aa) national security 
                                        position; or
                                            ``(bb) high-risk, public 
                                        trust position.
            ``(4) Fees.--The Attorney General may collect a reasonable 
        fee for an exchange of records for employment-related purposes 
        through the records system created under this section to defray 
        the costs associated with exchanges for those purposes, 
        including any costs associated with the investigation of 
        inaccurate or incomplete records.''.
    (b) Regulations on Reasonable Procedures.--Not later than 1 year 
after the date of enactment of this Act, the Attorney General shall 
issue regulations to carry out section 534(g) of title 28, United 
States Code, as added by subsection (a).
    (c) Report.--
            (1) Definition.--In this subsection, the term ``record'' 
        has the meaning given the term in subsection (g) of section 534 
        of title 28, United States Code, as added by subsection (a).
            (2) Report required.--Not later than 2 years after the date 
        of enactment of this Act, the Attorney General shall submit to 
        Congress a report on the implementation of subsection (g) of 
        section 534 of title 28, United States Code, as added by 
        subsection (a), that includes--
                    (A) the number of exchanges of records for 
                employment-related purposes made with entities in each 
                State through the records system created under such 
                section 534;
                    (B) any prolonged failure of a Federal agency to 
                comply with a request by the Attorney General for 
                information about dispositions of arrests; and
                    (C) the numbers of successful and unsuccessful 
                challenges to the accuracy and completeness of records, 
                organized by the Federal agency from which each record 
                originated.
                                 <all>