‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 
An exchange shall not include any record— 
‘‘(i) 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 
non-serious offense of the sort described in 
section 20.32(b) of title 28, Code of Fed-
eral 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 ar-
rest. 
‘‘(4) FEES.—The Attorney General may collect 
a reasonable fee for an exchange of records for em-
ployment-related purposes through the records sys-
tem created under this section to defray the costs 
associated with exchanges for those purposes, includ-
ing any costs associated with the investigation of in-
accurate 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 
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out section 534(g) of title 28, United States Code, as 
added by subsection (a). 
(c) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Attorney General shall sub-
mit to Congress a report on the implementation of sub-
section (g) of section 534 of title 28, United States Code, 
as added by subsection (a), that includes— 
(1) the number of exchanges of records for em-
ployment-related purposes made with entities in each 
State through the records system created under such 
section 534; 
(2) any prolonged failure of a reporting juris-
diction to comply with a request by the Attorney 
General for information about dispositions of ar-
rests; and 
(3) the numbers of successful and unsuccessful 
challenges to the accuracy and completeness of 
records, organized by State of origination of each 
record. 
SEC. 9. REPORT ON STATUTORY AND REGULATORY RE-
STRICTIONS AND DISQUALIFICATIONS BASED 
ON CRIMINAL RECORDS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Attorney General, in 
consultation with the Secretary of Labor and the Director 
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of the Office of Personnel Management, shall submit to 
Congress a report on each Federal statute, regulation, or 
policy that authorizes a restriction on, or disqualification 
of, an applicant for employment or for a Federal license 
or permit based on the criminal record of the applicant. 
(b) IDENTIFICATION OF INFORMATION.—In the re-
port submitted under subsection (a), the Attorney General 
shall— 
(1) identify each occupation, position, license, 
or permit to which a restriction or disqualification 
described in subsection (a) applies; and 
(2) for each occupation, position, license, or 
permit identified under paragraph (1), include— 
(A) a description of the restriction or dis-
qualification; 
(B) the duration of the restriction or dis-
qualification; 
(C) an evaluation of the rationale for the 
restriction or disqualification and its continuing 
usefulness; 
(D) the procedures, if any, to appeal, waive 
or exempt the restriction or disqualification 
based on a showing of rehabilitation or other 
relevant evidence; 
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(E) any information available about the 
numbers of individuals restricted or disqualified 
on the basis of a criminal record; and 
(F) the identity of the Federal agency with 
jurisdiction over the restriction or disqualifica-
tion. 
Æ 
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