[Congressional Record Volume 169, Number 66 (Thursday, April 20, 2023)]
[Senate]
[Pages S1298-S1304]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.

                          ____________________