[Congressional Record Volume 169, Number 66 (Thursday, April 20, 2023)]
[Senate]
[Pages S1295-S1304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REED (for himself, Ms. Collins, and Mr. Merkley):
  S. 1239. A bill to promote environmental literacy; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. REED. Madam President, today, I am introducing important 
environmental literacy legislation, the No Child Left Inside Act, along 
with Senator Collins and Senator Merkley and Congressman Sarbanes. Our 
bipartisan, bicameral bill focuses on the fundamental goal of public 
education, which is to equip the next generation with the knowledge, 
skills, and experiences to understand the world around them and their 
ability to shape it. In the face of a global climate crisis, it is 
essential that all students graduate with environmental literacy skills 
to secure and sustain their future.
  Environmental education provides broad benefits. It has been shown to 
enhance student achievement in science and other core subjects and to 
increase student engagement and critical thinking skills. Moreover, it 
promotes healthy lifestyles by encouraging kids to get outside.
  Yet, environmental education often gets crowded out of the school 
day. In a Rhode Island Environmental Education Association survey, 
teachers identified challenges to integrating environmental education 
into an already crowded curriculum and ranked professional development 
as most helpful to remedying the situation. Some of the practices put 
in place in response to the COVID-19 pandemic have shown real promise. 
As the pandemic took hold, Rhode Island's environmental educators 
sprang into action, creating outdoor learning support opportunities and 
virtual programs for students as they did school from home. We need to 
build on these successes and build stronger connections between 
environmental education organizations and our public schools. That is 
what the No Child Left Inside Act aims to do.
  The No Child Left Inside Act establishes a new grant program to 
support States in the development and implementation of environmental 
literacy plans to integrate environmental education and field 
experiences into the core academic program in public schools, with an 
emphasis on professional development in environmental education for 
teachers. With this funding, States will provide grants for 
partnerships between school districts and

[[Page S1296]]

parks, natural resource management agencies, educator preparation 
programs, museums, or other organizations with expertise in engaging 
young people with real world examples of environmental and scientific 
concepts. The legislation also establishes a pilot program for outdoor 
school education programs that offer intensive, hands-on learning 
experiences, such as residential programs and summer camps.
  The No Child Left Inside Act will also help coordinate Federal 
efforts on environmental education. It requires the Secretary of 
Education to establish an environmental literacy advisory panel to 
coordinate and report on environmental literacy activities across 
Federal Agencies. It also will provide easy access to environmental 
education resources through the Department of Education's website.
  The No Child Left Inside Act has the support of nearly 100 
organizations, representing educators, parks, museums, environmental 
organizations, and community-based organizations at the national, 
State, and local levels. They stand ready and willing to partner with 
schools across the Nation. The Federal Government should be a partner 
too. That is why I urge my colleagues to join me in cosponsoring and 
passing the No Child Left Inside Act.
                                 ______
                                 
      By Mr. THUNE (for himself, Mr. Cassidy, Mr. Daines, Ms. Lummis, 
        Mr. Ricketts, and Mr. Rounds):
  S. 1244. A bill to amend the Internal Revenue Code of 1986 to prevent 
double dipping between tax credits and grants or loans for clean 
vehicle manufacturers; to the Committee on Finance.
  Mr. THUNE. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1244

       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 ``Ending Duplicative Subsidies 
     for Electric Vehicles Act''

     SEC. 2. COORDINATION OF ELECTRIC VEHICLE CREDITS WITH OTHER 
                   SUBSIDIES.

       (a) In General.--Section 30D(d)(3) of the Internal Revenue 
     Code of 1986, as amended by Public Law 117-169, is amended by 
     adding at the end the following new sentence: ``Such term 
     shall not include any person who has received a loan under 
     section 136(d) of the Energy Independence and Security Act of 
     2007, a loan guarantee under section 1703 of the Energy 
     Policy Act of 2005 with respect to a project described in 
     section 1703(b)(8) of such Act, or a grant under section 
     50143 of the Act titled `An Act to provide for reconciliation 
     pursuant to title II of S. Con. Res. 14' for the taxable year 
     in which the new clean vehicle is placed in service or any 
     prior taxable year.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2022.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Grassley, Mr. Booker, Mr. Lee, 
        Ms. Klobuchar, and Mr. Paul):
  S. 1247. A bill to amend the First Step Act of 2018 to permit 
defendants convicted of certain offenses to be eligible for reduced 
sentences, and for other purposes; to the Committee on the Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1247

       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 ``Terry Technical Correction 
     Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that on June 14, 2021, the 
     Supreme Court of the United States decided the case of Terry 
     v. United States, 141 S. Ct. 1858 (2021), holding that crack 
     offenders who did not trigger a mandatory minimum do not 
     qualify for the retroactivity provisions of section 404 of 
     the First Step Act of 2018 (21 U.S.C. 841 note).
       (b) Purpose.--The purpose of this Act is to clarify that 
     the retroactivity provisions of section 404 of the First Step 
     Act of 2018 (21 U.S.C. 841 note) are available to those 
     offenders who were sentenced for a crack-cocaine offense 
     before the Fair Sentencing Act of 2010 (Public Law 111-220) 
     became effective, including individuals with low-level crack 
     offenses sentenced under section 401(b)(1)(C) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)(C)).

     SEC. 3. APPLICATION OF FAIR SENTENCING ACT OF 2010.

       Section 404 of the First Step Act of 2018 (21 U.S.C. 841 
     note) is amended--
       (1) in subsection (a)--
       (A) by striking `` `covered offense' means'' and inserting 
     `` `covered offense'--
       ``(1) means'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(2) includes a violation, involving cocaine base, of--
       ``(A) section 3113 of title 5, United States Code;
       ``(B) section 401(b)(1)(C) of the Controlled Substances Act 
     (21 U.S.C. 841(b)(1)(C));
       ``(C) section 404(a) of the Controlled Substances Act (21 
     U.S.C. 844(a));
       ``(D) section 406 of the Controlled Substances Act (21 
     U.S.C. 846);
       ``(E) section 408 of the Controlled Substances Act (21 
     U.S.C. 848);
       ``(F) subsection (b) or (c) of section 409 of the 
     Controlled Substances Act (21 U.S.C. 849);
       ``(G) subsection (a) or (b) of section 418 of the 
     Controlled Substances Act (21 U.S.C. 859);
       ``(H) subsection (a), (b), or (c) of section 419 of the 
     Controlled Substances Act (21 U.S.C. 860);
       ``(I) section 420 of the Controlled Substances Act (21 
     U.S.C. 861);
       ``(J) section 1010(b)(3) of the Controlled Substances 
     Import and Export Act (21 U.S.C. 960(b)(3));
       ``(K) section 1010A of the Controlled Substances Import and 
     Export Act (21 U.S.C. 960a);
       ``(L) section 90103 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (34 U.S.C. 12522);
       ``(M) section 70503 or 70506 of title 46, United States 
     Code; and
       ``(N) any attempt, conspiracy or solicitation to commit an 
     offense described in subparagraphs (A) through (M).''; and
       (2) in subsection (c), by inserting ``A motion under this 
     section that was denied after a court determination that a 
     violation described in subsection (a)(2) was not a covered 
     offense shall not be considered a denial after a complete 
     review of the motion on the merits within the meaning of this 
     section.'' after the period at the end of the second 
     sentence.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Grassley, Mr. Whitehouse, Mr. 
        Cramer, Mr. Booker, Mr. Wicker, Mr. Brown, and Mr. Coons):
  S. 1248. A bill to expand eligibility for and provide judicial review 
for the Elderly Home Detention Pilot Program, and make other technical 
corrections; to the Committee on the Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1248

       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 ``Safer Detention Act of 
     2023''.

     SEC. 2. HOME DETENTION FOR CERTAIN ELDERLY NONVIOLENT 
                   OFFENDERS.

       Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 
     60541(g)) is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(D) Judicial review.--
       ``(i) In general.--Upon motion of a defendant, on or after 
     the date described in clause (ii), a court may reduce an 
     imposed term of imprisonment of the defendant and substitute 
     a term of supervised release with the condition of home 
     detention for the unserved portion of the original term of 
     imprisonment, after considering the factors set forth in 
     section 3553(a) of title 18, United States Code, if the court 
     finds the defendant is an eligible elderly offender or 
     eligible terminally ill offender.
       ``(ii) Date described.--The date described in this clause 
     is the earlier of--

       ``(I) the date on which the defendant fully exhausts all 
     administrative rights to appeal a failure of the Bureau of 
     Prisons to place the defendant on home detention; or
       ``(II) the expiration of the 30-day period beginning on the 
     date on which the defendant submits to the warden of the 
     facility in which the defendant is imprisoned a request for 
     placement of the defendant on home detention, regardless of 
     the status of the request.''; and

       (2) in paragraph (5)--
       (A) in subparagraph (A)(ii)--
       (i) by inserting ``, including offenses under the laws of 
     the District of Columbia,'' after ``offense or offenses''; 
     and
       (ii) by striking ``2/3 of the term of imprisonment to which 
     the offender was sentenced'' and inserting ``1/2 of the term 
     of imprisonment reduced by any credit toward the service of 
     the offender's sentence awarded under section 3624(b) of 
     title 18, United States Code''; and
       (B) in subparagraph (D)(i), by inserting ``, including 
     offenses under the laws of the District of Columbia,'' after 
     ``offense or offenses''.

[[Page S1297]]

  


     SEC. 3. COMPASSIONATE RELEASE TECHNICAL CORRECTION.

       Section 3582 of title 18, United States Code, is amended--
       (1) in subsection (c)(1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     after ``case'' the following: ``, including, notwithstanding 
     any other provision of law, any case involving an offense 
     committed before November 1, 1987''; and
       (B) in subparagraph (A)--
       (i) by inserting ``, on or after the date described in 
     subsection (d)'' after ``upon motion of a defendant''; and
       (ii) by striking ``after the defendant has fully exhausted 
     all administrative rights to appeal a failure of the Bureau 
     of Prisons to bring a motion on the defendant's behalf or the 
     lapse of 30 days from the receipt of such a request by the 
     warden of the defendant's facility, whichever is earlier,'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Date Described.--For purposes of subsection 
     (c)(1)(A), the date described in this subsection is the 
     earlier of--
       ``(1) the date on which the defendant fully exhausts all 
     administrative rights to appeal a failure of the Bureau of 
     Prisons to bring a motion on the defendant's behalf; or
       ``(2) the expiration of the 30-day period beginning on the 
     date on which the defendant submits a request for a reduction 
     in sentence to the warden of the facility in which the 
     defendant is imprisoned, regardless of the status of the 
     request.''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Grassley, Mr. King, Mr. Braun, 
        Mr. Blumenthal, Mr. Vance, and Ms. Baldwin):
  S. 1250. A bill to amend title XI of the Social Security Act to 
require that direct-to-consumer advertisements for drugs and 
biologicals include an appropriate disclosure of pricing information; 
to the Committee on Finance.
  Mr. DURBIN. Madam President, most Americans spent more time at home 
watching television during the pandemic. I know I did. And what was one 
of the most common commercials we saw? Direct-to-consumer drug ads. You 
know, those fancy commercials with catchy music, celebrity actors, and 
swinging golf clubs? Even before COVID, Americans saw an average of 
nine ads per day. Every year, the pharmaceutical industry spends more 
than $6 billion on ads--$6 billion. That is the same as the entire 
budget of the Food and Drug Administration. In fact, we know that most 
top Pharma companies spend more on their advertising budget than on 
drug research and development.
  It turns out, the United States is one of only two countries in the 
world that even allows these commercials. Can you guess the other? New 
Zealand.
  Do you want to know why Pharma spends so much money promoting their 
drugs? Because it increases their profit margins. Pharma pushes these 
ads because they steer patients to specific, expensive medications--
whether a patient actually needs the drugs or not. And sometimes it is 
easier in a 10-minute meeting for the doctor to just write the 
prescription than to take the time to explain why the drug may not be 
needed or a less expensive, generic version might be a better choice. 
Pharma thinks if they pummel you with enough ads that you finally learn 
how to spell Xarelto, you will insist to your doctor that this is the 
blood thinner you need though a less expensive option would be just as 
effective.
  With billions in targeted spending, patients are bombarded with 
information--don't take Xarelto if you are allergic to Xarelto--but 
kept in the dark on one crucial factor--the price.
  Take Rinvoq, which is manufactured by Illinois-based AbbVie for 
eczema and arthritis. It is now the most-advertised drug on 
television--replacing two other AbbVie medications, Humira and Skyrizi. 
AbbVie spent $315 million last year on TV ads for Rinvoq alone. But 
nowhere in the ad do they tell you it costs $6,100 per month.
  Well, Senator Grassley and I think it is time for Big Pharma to end 
the secrecy. If they are advertising a drug, they should disclose the 
price right up front. It is a basic transparency measure for patients. 
Consumer protection 101. So today, we are reintroducing bipartisan 
legislation to require price disclosures in direct-to-consumer drugs 
ads, or DTC ads. Our plan is simple, and it has actually passed the 
Senate once before.
  Here is why we think this transparency in drug ads is so important. 
Earlier this year, a study found that more than two-thirds of drugs 
advertised on television were considered, quote, ``low-value.'' Those 
pricey drugs that show you whitewater rafting or rock climbing? They 
are often no better than other, more affordable drugs.
  One-in-five Americans do not take their medications as prescribed 
because of the cost. They cut their pills in half or skip doses because 
they can't afford to take their medications as prescribed. So don't you 
think it is worth knowing right away that Rinvoq could run you $6,100 
per month rather than waiting for that moment of truth at the pharmacy 
counter?
  Don't just take my word for it. These advertisements often urge you 
to ``ask your doctor if it is right for you.'' Well, we asked those 
doctors. The American Medical Association says: ``Direct-to-consumer 
advertising inflates demand for new and expensive drugs, even when 
these drugs may not be appropriate.''
  As Democrats are working in Washington to avoid default and prevent 
our economy from crashing and to preserve the solvency of Medicare, we 
asked the Government Accountability Office, GAO, to look at the impact 
of these DTC ads on Medicare's budget. The GAO found that between 2016 
and 2018, drugs advertised on television accounted for 58 percent of 
Medicare's spending. These DTC ads ballooned Medicare spending on a 
small handful of drugs, costing the Medicare Program $320 billion over 
3 years. Humira topped the list with $500 million in advertising in 
2018, which contributed to $2.4 billion in Medicare costs.
  I used this chart in 2017 when I first introduced this legislation, 
and when the monthly cost of Humira was $3,700 per month. But as you 
can see, the cost of Humira is now $6,900 per month. Shouldn't AbbVie--
makers of Humira--disclose that price to you so you can use this 
information when making treatment decisions? If they did, AbbVie may 
think twice before raising the price.
  Our DTC bill is supported by Democrats and Republicans, the AARP, 
American Medical Association, American Hospital Association, and 88 
percent of Americans. President Trump supported our bill. This bill has 
passed the Senate before. And several Republicans have included this 
provision in larger packages they have supported. The only opposition 
comes from one place: Pharma. They hate the idea of being honest with 
patients about the price of their drugs and they are looking for 
Senators to help keep their secret.
  So when the Senate considers drug pricing legislation in the coming 
weeks, I will ask for a vote on this bipartisan policy. Senator 
Grassley has been a great partner in this effort; and we will work to 
bring this dose of sunshine to the airwaves. It is about time Americans 
catch a break when it comes to the cost of drugs.
  Madam President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1250

       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-Price Transparency for 
     Consumers Act of 2023'' or the ``DTC Act of 2023''.

     SEC. 2. FINDINGS; SENSE OF THE SENATE.

       (a) Findings.--Congress finds the following:
       (1) Direct-to-consumer advertising of prescription 
     pharmaceuticals is legally permitted in only 2 developed 
     countries, the United States and New Zealand.
       (2) In 2018, pharmaceutical ad spending exceeded 
     $6,046,000,000, a 4.8 percent increase over 2017, resulting 
     in the average American seeing 9 drug advertisements per day.
       (3) The most commonly advertised medication in the United 
     States in 2020 had a list price of more than $6,000 for a 
     one-month's supply.
       (4) A 2021 Government Accountability Office report found 
     that two-thirds of all direct-to-consumer drug advertising 
     between 2016 and 2018 was concentrated among 39 brand-name 
     drugs or biologicals, about half of which were recently 
     approved by the Food and Drug Administration.
       (5) According to a 2011 Congressional Budget Office report, 
     pharmaceutical manufacturers advertise their products 
     directly to consumers in an attempt to boost demand for their 
     products and thereby raise the price that consumers are 
     willing to pay, increase the quantity of drugs sold, or 
     achieve some combination of the two.
       (6) Studies, including a 2012 systematic review published 
     in the Annual Review of Public Health, a 2005 randomized 
     trial published

[[Page S1298]]

     in the Journal of the American Medical Association, and a 
     2004 survey published in Health Affairs, show that patients 
     are more likely to ask their doctor for a specific medication 
     and for the doctor to write a prescription for it, if a 
     patient has seen an advertisement for such medication, even 
     if such medication is not the most clinically appropriate for 
     the patient or if a lower-cost generic medication may be 
     available.
       (7) According to a 2011 Congressional Budget Office report, 
     the average number of prescriptions written for newly 
     approved brand-name drugs with direct-to-consumer advertising 
     was 9 times greater than the average number of prescriptions 
     written for newly approved brand-name drugs without direct-
     to-consumer advertising.
       (8) The Centers for Medicare & Medicaid Services is the 
     single largest drug payer in the United States. Between 2016 
     and 2018, 58 percent of the $560,000,000,000 in Medicare drug 
     spending was for advertised drugs, and in 2018 alone, the 20 
     most advertised drugs on television cost Medicare and 
     Medicaid a combined $34,000,000,000.
       (9) A 2021 Government Accountability Office report found 
     that direct-to-consumer advertising may have contributed to 
     increases in Medicare beneficiary use and spending among 
     certain drugs.
       (10) The American Medical Association has passed 
     resolutions supporting the requirement for price transparency 
     in any direct-to-consumer advertising, stating that such 
     advertisements on their own ``inflate demand for new and more 
     expensive drugs, even when these drugs may not be 
     appropriate''.
       (11) A 2019 study published in the Journal of the American 
     Medical Association found that health care consumers 
     dramatically underestimate their out-of-pocket costs for 
     certain expensive medications, but once they learn the 
     wholesale acquisition cost (in this section referred to as 
     the ``WAC'') of the product, they are far better able to 
     approximate their out-of-pocket costs.
       (12) Approximately half of Americans have high-deductible 
     health plans, under which they often pay the list price of a 
     drug until their insurance deductible is met. All of the top 
     Medicare prescription drug plans use coinsurance rather than 
     fixed-dollar copayments for medications on nonpreferred drug 
     tiers, exposing beneficiaries to WAC prices.
       (13) Section 119 of division CC of the Consolidated 
     Appropriations Act, 2021 (Public Law 116-260) requires the 
     Secretary of Health and Human Services to increase the use of 
     real-time benefit tools to lower beneficiary costs. However, 
     there still remains a lack of available pricing tools so 
     patients may not learn of their medication's cost until after 
     being given a prescription for the medication. A 2013 study 
     published in The Oncologist found that one-quarter of all 
     cancer patients chose not to fill a prescription due to cost.
       (14) The Federal Government already exercises its authority 
     to oversee certain aspects of direct-to-consumer drug 
     advertising, including required disclosures of information 
     related to side effects, contraindications, and 
     effectiveness.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) a lack of transparency in pricing for pharmaceuticals 
     has led to a lack of competition for such pharmaceuticals, as 
     evidenced by a finding by the Department of Health and Human 
     Services that ``Consumers of pharmaceuticals are currently 
     missing information that consumers of other products can more 
     readily access, namely the list price of the product, which 
     acts as a point of comparison when judging the reasonableness 
     of prices offered for potential substitute products'' (84 
     Fed. Reg. 20735);
       (2) in an age where price information is ubiquitous, the 
     prices of pharmaceuticals remain shrouded in secrecy and 
     limited to those who subscribe to expensive drug price 
     reporting services, which typically include pharmaceutical 
     manufacturers or other health care industry entities and not 
     the general public;
       (3) greater insight and transparency into drug prices will 
     help consumers know if they can afford to complete a course 
     of therapy before deciding to initiate that course of 
     therapy;
       (4) price shopping is the mark of rational economic 
     behavior, and markets operate more efficiently when consumers 
     have relevant information about a product, including its 
     price, before making an informed decision about whether to 
     buy that product;
       (5) providing consumers with basic price information may 
     result in the selection of lesser cost alternatives, all else 
     being equal relative to the patient's care, and is integral 
     to providing adequate competition in the market;
       (6) the WAC is a factual, objective, and uncontroversial 
     definition for the list price of a medication, in that it is 
     defined in statute, reflects an understood place in the 
     supply chain, and is at the sole discretion of the 
     manufacturer to set;
       (7) there is a governmental interest in ensuring that 
     consumers who seek to purchase pharmaceuticals for purposes 
     of promoting their health and safety understand the objective 
     list price of any pharmaceutical that they are encouraged 
     through advertisements to purchase, which allows consumers to 
     make informed purchasing decisions; and
       (8) there is a governmental interest in mitigating wasteful 
     expenditures and promoting the efficient administration of 
     the Medicare program by slowing the growth of Federal 
     spending on prescription drugs.

     SEC. 3. REQUIREMENT THAT DIRECT-TO-CONSUMER ADVERTISEMENTS 
                   FOR DRUGS AND BIOLOGICALS INCLUDE AN 
                   APPROPRIATE DISCLOSURE OF PRICING INFORMATION.

       Part A of title XI of the Social Security Act is amended by 
     adding at the end the following new section:

     ``SEC. 1150D. REQUIREMENT THAT DIRECT-TO-CONSUMER 
                   ADVERTISEMENTS FOR DRUGS AND BIOLOGICALS 
                   INCLUDE AN APPROPRIATE DISCLOSURE OF PRICING 
                   INFORMATION.

       ``(a) Requirement.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall require that each direct-to-consumer advertisement for 
     a drug or biological for which payment is available under 
     title XVIII or XIX and which is required to include the 
     information relating to side effects, contraindications, and 
     effectiveness described in section 202.1(e)(1) of title 21, 
     Code of Federal Regulations (or any successor regulation) 
     also include an appropriate disclosure of pricing 
     information, as described in subsection (b), with respect to 
     such drug or biological.


 =========================== NOTE =========================== 

  
  On page S1298, April 20, 2023, in the second column, the 
following appears: ``(1) IN GENERAL. . . . Code of Federal 
Relations (or any successor regulation) also include . . .
  
  The online Record has been corrected to read: ``(1) IN GENERAL. 
. . . Code of Federal Regulations (or any successor regulation) 
also include . . .


 ========================= END NOTE ========================= 


       ``(2) Exemption.--The requirement under paragraph (1) shall 
     not apply to a drug or biological for which the wholesale 
     acquisition cost for a 30-day supply of (or, if applicable, a 
     typical course of treatment for) such drug or biological is 
     less than $35.
       ``(b) Appropriate Disclosure of Pricing Information.--For 
     the purposes of subsection (a), an appropriate disclosure of 
     pricing information, with respect to a drug or biological, 
     shall--
       ``(1) disclose of the wholesale acquisition cost for a 30-
     day supply of (or, if applicable, a typical course of 
     treatment for) such drug or biological; and
       ``(2) be presented clearly and conspicuously.
       ``(c) Rulemaking.--Not later than 1 year after the date of 
     enactment of this section, the Secretary, acting through the 
     Administrator of the Centers for Medicare and Medicaid 
     Services, shall promulgate final regulations to carry out 
     this section, including--
       ``(1) the visual and audio components required to 
     communicate the wholesale acquisition cost in the appropriate 
     manner for the medium of the advertisement;
       ``(2) the reasonable amount of time a manufacturer has to 
     update any direct-to-consumer advertisement to reflect any 
     change to the wholesale acquisition cost of the advertised 
     drug or biological; and
       ``(3) the way in which a manufacturer may include a brief 
     statement explaining that certain consumers may pay a 
     different amount depending on their insurance coverage.
       ``(d) Sanctions.--Any manufacturer of a drug or biological, 
     or an agent of such manufacturer, that violates the 
     requirement of this section may be subject to a civil money 
     penalty of not more than $100,000 for each such violation. 
     The provisions of section 1128A (other than subsections (a) 
     and (b)) shall apply to civil money penalties under the 
     preceding sentence in the same manner as they apply to a 
     penalty or proceeding under section 1128A(a).
       ``(e) Public Reporting System.--In order to enforce the 
     requirement under this section, the Secretary may establish a 
     public reporting system--
       ``(1) to build awareness of such requirement; and
       ``(2) allow for reporting of manufacturers that fail to 
     comply with such requirement.
       ``(f) Definitions.--In this section:
       ``(1) Drug and biological.--The terms `drug' and 
     `biological' have the meaning given such terms in section 
     1861(t).
       ``(2) Wholesale acquisition cost.--The term `wholesale 
     acquisition cost' has the meaning given such term in section 
     1847A(c)(6)(B).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for the purposes of carrying out this section.''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Grassley, Mr. Whitehouse, Ms. 
        Klobuchar, Mr. Booker, Mr. Ossoff, Ms. Baldwin, Mr. Van Hollen, 
        Mr. Wicker, Ms. Lummis, and Mr. Brown):
  S. 1251. A bill to reform sentencing laws and correctional 
institutions, and for other purposes; to the Committee on the 
Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:
       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 2023''.
       (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.

[[Page S1299]]

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(b)) 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 
     (c), 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 those terms are defined in 
     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.--

[[Page S1300]]

       ``(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

[[Page S1301]]

       ``(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

[[Page S1302]]

     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)(2)(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

[[Page S1303]]

       ``(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) and (B) 
     of subsection (b)(1), subsection (b)(2)(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.''.
       (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.--

[[Page S1304]]

       ``(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.

                          ____________________