[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
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``(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.--
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``(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.
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