Congressional Record, Senate, March 25, 2021 — Statements on Introduced Bills and Joint Resolutions
Summary
Congressional Record, Senate, pages S1819 and S1820, March 25, 2021. Under the heading Statements on Introduced Bills and Joint Resolutions, S. 1000 is a bill to designate additions to the Rough Mountain Wilderness and the Rich Hole Wilderness of the George Washington National Forest, referred to the Committee on Agriculture, Nutrition, and Forestry; Mr. Kaine states that the text reflects years of negotiation among Virginia stakeholders. S. 1013 is a bill to focus limited Federal resources on the most serious offenders, referred to the Committee on the Judiciary, and Mr. Durbin asks unanimous consent that the text of the bill be printed in the Record. Cosponsors are added to S. Res. 43 and S. 960, and the pages print resolution text, including S. Res. 134.
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“Congressional Record, Senate, March 25, 2021 — Statements on Introduced Bills and Joint Resolutions.”
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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1819
entitled ‘‘Short-Term, Limited Dura- STATEMENTS ON INTRODUCED for the environment. Land disputes
tion Insurance’’ shall have no force or BILLS AND JOINT RESOLUTIONS may often be contentious, but this ex-
effect. By Mr. KAINE (for himself and ample proves they don’t have to be.
S. 960 Mr. WARNER): When everyone comes to the table and
At the request of Mr. CRUZ, the name S. 1000. A bill to designate additions invests the necessary time, we can find
of the Senator from Mississippi (Mr. to the Rough Mountain Wilderness and common ground. I hope this will be a
WICKER) was added as a cosponsor of S. the Rich Hole Wilderness of the George lesson for us in other tough policy
960, a bill to provide for proper treat- Washington National Forest, and for challenges, and I encourage the Senate
ment of Taiwan government represent- other purposes; to the Committee on to support this bill.
atives. Agriculture, Nutrition, and Forestry.
---
By Mr. DURBIN (for himself, Mr.
S. RES. 43 Mr. KAINE. Mr. President, this bill
LEE, Mr. LEAHY, Mr. WHITE-
At the request of Mr. MARKEY, the authorizes additions to two existing
HOUSE, Mr. WYDEN, Mr.
name of the Senator from Maryland wilderness areas within the George
BLUMENTHAL, Ms. BALDWIN, Mr.
(Mr. VAN HOLLEN) was added as a co- Washington National Forest in Bath
BOOKER, Ms. WARREN, Mr.
sponsor of S. Res. 43, a resolution rec- County, VA. This text represents years
SANDERS, Mr. KING, Mr. KAINE,
ognizing the duty of the Federal Gov- of negotiation and compromise among
Virginia stakeholders who rely in dif- and Mr. WICKER):
ernment to implement an agenda to S. 1013. A bill to focus limited Fed-
Transform, Heal, and Renew by Invest- ferent ways on the GW Forest.
In many parts of America, Federal eral resources on the most serious of-
ing in a Vibrant Economy fenders; to the Committee on the Judi-
(‘‘THRIVE’’). land management is controversial.
Some may view these lands as reposi- ciary.
At the request of Mr. HEINRICH, his Mr. DURBIN. Mr. President, I ask
name was added as a cosponsor of S. tories for timber, energy, or minerals.
unanimous consent that the text of the
Res. 43, supra. Others may enjoy using recreational
bill be printed in the RECORD.
S. RES. 46
trails through them. Others may be- There being no objection, the text of
lieve that they should be left to nature the bill was ordered to be printed in
At the request of Mr. SCHUMER, the
and not disturbed. The truth, of course, the RECORD, as follows:
name of the Senator from California
is that all of these uses are important;
(Mr. PADILLA) was added as a cosponsor S. 1013
the conflict lies in agreeing on which
of S. Res. 46, a resolution calling on the Be it enacted by the Senate and House of Rep-
lands are best suited to which pur- resentatives of the United States of America in
President of the United States to take poses.
executive action to broadly cancel Fed- Congress assembled,
In the lead-up to the latest multiyear SECTION 1. SHORT TITLE.
eral student loan debt. GW Forest Management Plan, various This Act may be cited as the ‘‘Smarter
S. RES. 99 forest users came together to see if Sentencing Act of 2021’’.
At the request of Mr. MENENDEZ, the they could find reasonable com- SEC. 2. SENTENCING MODIFICATIONS FOR CER-
name of the Senator from Illinois (Mr. promises that would avoid years of un- TAIN DRUG OFFENSES.
DURBIN) was added as a cosponsor of S. productive disagreement and litiga- (a) CONTROLLED SUBSTANCES ACT.—The
Res. 99, a resolution observing the 10th tion. This group, known as the George Controlled Substances Act (21 U.S.C. 801 et
anniversary of the uprising in Syria. seq.) is amended—
Washington National Forest Stake- (1) in section 102 (21 U.S.C. 802)—
S. RES. 132 holder Collaborative, succeeded. (A) by redesignating paragraph (58) as
At the request of Mr. INHOFE, the Through hard work and consensus, the paragraph (59);
name of the Senator from Oklahoma collaborative made joint recommenda- (B) by redesignating the second paragraph
(Mr. LANKFORD) was added as a cospon- tions to the U.S. Forest Service for for- (57) (relating to ‘‘serious drug felony’’) as
sor of S. Res. 132, a resolution express- est management and protection. Pres- paragraph (58); and
ing the sense of the Senate that the ervation advocates consented to timber (C) by adding at the end the following:
current influx of migrants is causing a harvest and other active forest restora- ‘‘(60) The term ‘courier’ means a defendant
tion and management in certain areas, whose role in the offense was limited to
crisis at the Southern border. transporting or storing drugs or money.’’;
S. RES. 133 while forest products interests con-
and
At the request of Ms. HIRONO, the sented to wilderness and light manage- (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))—
names of the Senator from Arizona ment in other areas. Following this (A) in subparagraph (A), in the flush text
(Ms. SINEMA), the Senator from New fruitful collaboration, the Forest Serv- following clause (viii)—
Hampshire (Ms. HASSAN) and the Sen- ice convened the Lower Cowpasture (i) by striking ‘‘10 years or more’’ and in-
ator from Michigan (Mr. PETERS) were Restoration and Management Project, serting ‘‘5 years or more’’; and
added as cosponsors of S. Res. 133, a bringing together the collaborative and (ii) by striking ‘‘15 years’’ and inserting
other stakeholders to help develop ‘‘10 years’’; and
resolution condemning all forms of (B) in subparagraph (B), in the flush text
anti-Asian sentiment as related to management activities on this par-
ticular part of the forest in Bath Coun- following clause (viii)—
COVID–19. (i) by striking ‘‘5 years’’ and inserting ‘‘2
ty. Again, this collaborative succeeded, years’’; and
S. RES. 134
with everyone getting some of what (ii) by striking ‘‘not be less than 10 years’’
At the request of Mr. LEE, the names
they want and giving some ground. and inserting ‘‘not be less than 5 years’’.
of the Senator from Texas (Mr. CRUZ), The collaborative has now come to- (b) CONTROLLED SUBSTANCES IMPORT AND
the Senator from Nebraska (Mrs. gether to support the wilderness addi- EXPORT ACT.—Section 1010(b) of the Con-
FISCHER), the Senator from South Da- tions in this bill, which designates 4,500 trolled Substances Import and Export Act (21
kota (Mr. ROUNDS) and the Senator acres to be added to the Rich Hole Wil- U.S.C. 960(b)) is amended—
from Texas (Mr. CORNYN) were added as derness Area and 1,000 acres to be (1) in paragraph (1), in the flush text fol-
cosponsors of S. Res. 134, a resolution lowing subparagraph (H)—
added to the Rough Mountain Wilder- (A) by inserting ‘‘, other than a person who
expressing the sense of the Senate that ness Area. I am proud to partner on
the President should work with the is a courier,’’ after ‘‘such violation’’;
this with my colleague Senator MARK (B) by striking ‘‘person commits’’ and in-
Government of the United Kingdom to WARNER, and we are following in the serting ‘‘person, other than a courier, com-
conclude negotiations for a comprehen- path blazed by Senator John Warner mits’’; and
sive free trade agreement between the and Representative Rick Boucher, who (C) by inserting ‘‘If a person who is a cou-
United States and the United Kingdom. led the original Virginia Wilderness rier commits such a violation, the person
S. RES. 135 Act in 1984. I am further proud that shall be sentenced to a term of imprisonment
At the request of Ms. CORTEZ MASTO, this bill passed unanimously in the of not less than 5 years and not more than
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the name of the Senator from Con- life. If a person who is a courier commits
Senate last Congress and as part of a such a violation after a prior conviction for
necticut (Mr. MURPHY) was added as a package passed the House this Con- a felony drug offense has become final, the
cosponsor of S. Res. 135, a resolution gress. I hope it will cross the finish line person shall be sentenced to a term of im-
recognizing the heritage, culture, and soon. prisonment of not less than 10 years and not
contributions of Latinas in the United Taking care of our Nation’s public more than life.’’ before ‘‘Notwithstanding
States. lands is good for the economy and good section 3583’’; and
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S1820 CONGRESSIONAL RECORD — SENATE March 25, 2021
(2) in paragraph (2), in the flush text fol- not later than 120 days after the date of en- partment of the Interior, the Department of
lowing subparagraph (H)— actment of this Act, in accordance with the Labor, the Department of Transportation,
(A) by inserting ‘‘, other than a person who procedure set forth in section 21(a) of the the Department of the Treasury, the Com-
is a courier,’’ after ‘‘such violation’’; Sentencing Act of 1987 (28 U.S.C. 994 note), as modity Futures Trading Commission, the
(B) by striking ‘‘person commits’’ and in- though the authority under that Act had not Consumer Product Safety Commission, the
serting ‘‘person, other than a courier, com- expired; and Equal Employment Opportunity Commis-
mits’’; and (2) pursuant to the emergency authority sion, the Export-Import Bank of the United
(C) by inserting ‘‘If a person who is a cou- provided under paragraph (1), make such States, the Farm Credit Administration, the
rier commits such a violation, the person conforming amendments to the Federal sen- Federal Communications Commission, the
shall be sentenced to a term of imprisonment tencing guidelines as the Commission deter- Federal Deposit Insurance Corporation, the
of not less than 2 years and not more than mines necessary to achieve consistency with Federal Election Commission, the Federal
life. If a person who is a courier commits other guideline provisions and applicable Labor Relations Authority, the Federal Mar-
such a violation after a prior conviction for law. itime Commission, the Federal Mine Safety
a felony drug offense has become final, the SEC. 4. REPORT BY ATTORNEY GENERAL. and Health Review Commission, the Federal
person shall be sentenced to a term of im- Not later than 6 months after the date of Trade Commission, the National Labor Rela-
prisonment of not less than 5 years and not enactment of this Act, the Attorney General tions Board, the National Transportation
more than life.’’ before ‘‘Notwithstanding shall submit to the Committees on the Judi- Safety Board, the Nuclear Regulatory Com-
section 3583’’. ciary of the House of Representatives and mission, the Occupational Safety and Health
(c) APPLICABILITY TO PENDING AND PAST the Senate a report outlining how the re- Review Commission, the Office of Compli-
CASES.— duced expenditures on Federal corrections ance, the Postal Regulatory Commission, the
(1) DEFINITION.—In this subsection, the and the cost savings resulting from this Act Securities and Exchange Commission, the
term ‘‘covered offense’’ means a violation of will be used to help reduce overcrowding in Securities Investor Protection Corporation,
a Federal criminal statute, the statutory the Federal Bureau of Prisons, help increase the Environmental Protection Agency, the
penalties for which were modified by this proper investment in law enforcement and Small Business Administration, the Federal
section. crime prevention, and help reduce criminal Housing Finance Agency, and the Office of
(2) PENDING CASES.—This section, and the recidivism, thereby increasing the effective- Government Ethics.
amendments made by this section, shall ness of Federal criminal justice spending. (d) INDEX.—Not later than 2 years after the
apply to any sentence imposed after the date SEC. 5. REPORT ON FEDERAL CRIMINAL OF- date of enactment of this Act—
of enactment of this Act, regardless of when FENSES. (1) the Attorney General shall establish a
the offense was committed. (a) DEFINITIONS.—In this section— publically accessible index of each criminal
(3) PAST CASES.—In the case of a defendant (1) the term ‘‘criminal regulatory offense’’ statutory offense listed in the report re-
who, before the date of enactment of this means a Federal regulation that is enforce- quired under subsection (b) and make the
Act, was convicted or sentenced for a cov- able by a criminal penalty; and index available and freely accessible on the
ered offense, the sentencing court may, on (2) the term ‘‘criminal statutory offense’’ website of the Department of Justice; and
motion of the defendant, the Bureau of Pris- means a criminal offense under a Federal (2) the head of each agency described in
ons, the attorney for the Government, or on statute. subsection (c)(2) shall establish a publically
its own motion, impose a reduced sentence (b) REPORT ON CRIMINAL STATUTORY OF- accessible index of each criminal regulatory
after considering the factors set forth in sec- FENSES.—Not later than 1 year after the date offense listed in the report required under
tion 3553(a) of title 18, United States Code. of enactment of this Act, the Attorney Gen- subsection (c)(1) and make the index avail-
SEC. 3. DIRECTIVE TO THE SENTENCING COMMIS- eral shall submit to the Committee on the able and freely accessible on the website of
SION. the agency.
Judiciary of the Senate and the Committee
(a) DIRECTIVE TO SENTENCING COMMISSION.— (e) RULE OF CONSTRUCTION.—Nothing in
on the Judiciary of the House of Representa-
Pursuant to its authority under section this section shall be construed to require or
tives a report, which shall include—
994(p) of title 28, United States Code, and in authorize appropriations.
(1) a list of all criminal statutory offenses,
accordance with this section, the United ---
States Sentencing Commission shall review including a list of the elements for each
criminal statutory offense; and By Mr. DURBIN (for himself and
and amend, if appropriate, its guidelines and Mr. GRASSLEY):
its policy statements applicable to persons (2) for each criminal statutory offense list-
convicted of an offense under section 401 of ed under paragraph (1)— S. 1014. A bill to reform sentencing
the Controlled Substances Act (21 U.S.C. 841) (A) the potential criminal penalty for the laws and correctional institutions, and
or section 1010 of the Controlled Substances criminal statutory offense; for other purposes; to the Committee
Import and Export Act (21 U.S.C. 960) to en- (B) the number of prosecutions for the on the Judiciary.
sure that the guidelines and policy state- criminal statutory offense brought by the Mr. DURBIN. Mr. President, I ask
ments are consistent with the amendments Department of Justice each year for the 15-
unanimous consent that the text of the
made by section 2 of this Act. year period preceding the date of enactment
of this Act; and bill be printed in the RECORD.
(b) CONSIDERATIONS.—In carrying out this
section, the United States Sentencing Com- (C) the mens rea requirement for the There being no objection, the text of
mission shall consider— criminal statutory offense. the bill was ordered to be printed in
(1) the mandate of the United States Sen- (c) REPORT ON CRIMINAL REGULATORY OF- the RECORD, as follows:
tencing Commission, under section 994(g) of FENSES.— S. 1014
title 28, United States Code, to formulate the (1) REPORTS.—Not later than 1 year after Be it enacted by the Senate and House of Rep-
sentencing guidelines in such a way as to the date of enactment of this Act, the head resentatives of the United States of America in
‘‘minimize the likelihood that the Federal of each Federal agency described in para- Congress assembled,
prison population will exceed the capacity of graph (2) shall submit to the Committee on
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
the Federal prisons’’; the Judiciary of the Senate and the Com-
(a) SHORT TITLE.—This Act may be cited as
(2) the findings and conclusions of the mittee on the Judiciary of the House of Rep-
the ‘‘First Step Implementation Act of 2021’’.
United States Sentencing Commission in its resentatives a report, which shall include—
(b) TABLE OF CONTENTS.—The table of con-
October 2011 report to Congress entitled, (A) a list of all criminal regulatory of-
tents for this Act is as follows:
Mandatory Minimum Penalties in the Fed- fenses enforceable by the agency; and
eral Criminal Justice System; (B) for each criminal regulatory offense Sec. 1. Short title; table of contents.
(3) the fiscal implications of any amend- listed under subparagraph (A)— TITLE I—SENTENCING REFORM
ments or revisions to the sentencing guide- (i) the potential criminal penalty for a vio- Sec. 101. Application of First Step Act.
lines or policy statements made by the lation of the criminal regulatory offense; Sec. 102. Modifying safety valve for drug of-
United States Sentencing Commission; (ii) the number of violations of the crimi- fenses.
(4) the relevant public safety concerns in- nal regulatory offense referred to the De- TITLE II—CORRECTIONS REFORM
volved in the considerations before the partment of Justice for prosecution in each
Sec. 201. Parole for juveniles.
United States Sentencing Commission; of the years during the 15-year period pre-
Sec. 202. Juvenile sealing and expungement.
(5) the intent of Congress that penalties for ceding the date of enactment of this Act; and
Sec. 203. Ensuring accuracy of Federal
violent, repeat, and serious drug traffickers (iii) the mens rea requirement for the
criminal records.
who present public safety risks remain ap- criminal regulatory offense.
(2) AGENCIES DESCRIBED.—The Federal TITLE I—SENTENCING REFORM
propriately severe; and
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(6) the need to reduce and prevent racial agencies described in this paragraph are the SEC. 101. APPLICATION OF FIRST STEP ACT.
disparities in Federal sentencing. Department of Agriculture, the Department (a) DEFINITIONS.—In this section—
(c) EMERGENCY AUTHORITY.—The United of Commerce, the Department of Education, (1) the term ‘‘covered offense’’ means—
States Sentencing Commission shall— the Department of Energy, the Department (A) a violation of a Federal criminal stat-
(1) promulgate the guidelines, policy state- of Health and Human Services, the Depart- ute, the statutory penalties for which were
ments, or amendments provided for in this ment of Homeland Security, the Department modified by section 401 or 403 of the First
Act as soon as practicable, and in any event of Housing and Urban Development, the De- Step Act of 2018 (Public Law 115–391; 132 Stat.
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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1821
5220), that was committed on or before De- ‘‘(1) IN GENERAL.—If subsection (f) does not ‘‘(8) the family and community cir-
cember 21, 2018; or apply to a defendant because the defendant cumstances of the defendant at the time of
(B) a violation of a Federal criminal stat- does not meet the requirements described in the offense, including any history of abuse,
ute, the statutory penalties for which are subsection (f)(1) (relating to criminal his- trauma, or involvement in the child welfare
modified by subsection (b) of this section; tory), the court may, upon prior notice to system;
and the Government, waive subsection (f)(1) if ‘‘(9) the extent of the role of the defendant
(2) the term ‘‘serious violent felony’’ has the court specifies in writing the specific in the offense and whether, and to what ex-
the meaning given that term in section 102 of reasons why reliable information indicates tent, an adult was involved in the offense;
the Controlled Substances Act (21 U.S.C. that excluding the defendant pursuant to ‘‘(10) the diminished culpability of juve-
802). subsection (f)(1) substantially overrepresents niles as compared to that of adults, and the
(b) AMENDMENTS.— the seriousness of the defendant’s criminal hallmark features of youth, including imma-
(1) IN GENERAL.— history or the likelihood that the defendant turity, impetuosity, and failure to appre-
(A) CONTROLLED SUBSTANCES ACT.—Section will commit other crimes. ciate risks and consequences, which counsel
401(b) of the Controlled Substances Act (21 ‘‘(2) PROHIBITION.—This subsection shall against sentencing juveniles to the otherwise
U.S.C. 841) is amended— not apply to any defendant who has been applicable term of imprisonment; and
(i) in paragraph (1)— convicted of a serious drug felony or a seri- ‘‘(11) any other information the court de-
(I) in subparagraph (C), by striking ‘‘felony ous violent felony as defined in paragraphs termines relevant to the decision of the
drug offense’’ and inserting ‘‘serious drug fel- (57) and (58), respectively, of section 102 of court.
ony or serious violent felony’’; the Controlled Substances Act (21 U.S.C. ‘‘(d) LIMITATION ON APPLICATIONS PURSU-
(II) in subparagraph (D), by striking ‘‘fel- 802).’’. ANT TO THIS SECTION.—
ony drug offense’’ and inserting ‘‘serious TITLE II—CORRECTIONS REFORM ‘‘(1) SECOND APPLICATION.—Not earlier than
drug felony or serious violent felony’’; and SEC. 201. PAROLE FOR JUVENILES. 5 years after the date on which an order en-
(III) in subparagraph (E)(ii), by striking (a) IN GENERAL.—Chapter 403 of title 18, tered by a court on an initial application
‘‘felony drug offense’’ and inserting ‘‘serious United States Code, is amended by inserting under this section becomes final, a court
drug felony or serious violent felony’’; after section 5032 the following: shall entertain a second application by the
(ii) in paragraph (2), by striking ‘‘felony same defendant under this section.
‘‘§ 5032A. Modification of an imposed term of
drug offense’’ and inserting ‘‘serious drug fel- ‘‘(2) FINAL APPLICATION.—Not earlier than 5
imprisonment for violations of law com-
ony or serious violent felony’’; and years after the date on which an order en-
mitted prior to age 18
(iii) in paragraph (3), by striking ‘‘felony tered by a court on a second application
drug offense’’ and inserting ‘‘serious drug fel- ‘‘(a) IN GENERAL.—Notwithstanding any
under paragraph (1) becomes final, a court
ony or serious violent felony’’. other provision of law, a court may reduce a
shall entertain a final application by the
(B) CONTROLLED SUBSTANCES IMPORT AND term of imprisonment imposed upon a de-
fendant convicted as an adult for an offense same defendant under this section.
EXPORT ACT.—Section 1010(b)(3) of the Con- ‘‘(3) PROHIBITION.—A court may not enter-
trolled Substances Import and Export Act (21 committed and completed before the defend-
ant attained 18 years of age if— tain an application filed after an application
U.S.C. 960(b)(3)) is amended by striking ‘‘fel- filed under paragraph (2) by the same defend-
ony drug offense’’ and inserting ‘‘serious ‘‘(1) the defendant has served not less than
20 years in custody for the offense; and ant.
drug felony or serious violent felony’’. ‘‘(e) PROCEDURES.—
(2) PENDING CASES.—This subsection, and ‘‘(2) the court finds, after considering the
factors set forth in subsection (c), that the ‘‘(1) NOTICE.—The Bureau of Prisons shall
the amendments made by this subsection, provide written notice of this section to—
shall apply to any sentence imposed on or defendant is not a danger to the safety of
any person or the community and that the ‘‘(A) any defendant who has served not less
after the date of enactment of this Act, re- than 19 years in prison for an offense com-
gardless of when the offense was committed. interests of justice warrant a sentence modi-
fication. mitted and completed before the defendant
(c) DEFENDANTS PREVIOUSLY SENTENCED.—
‘‘(b) SUPERVISED RELEASE.—Any defendant attained 18 years of age for which the defend-
A court that imposed a sentence for a cov-
whose sentence is reduced pursuant to sub- ant was convicted as an adult; and
ered offense may, on motion of the defend-
section (a) shall be ordered to serve a period ‘‘(B) the sentencing court, the United
ant, the Director of the Bureau of Prisons,
of supervised release of not less than 5 years States attorney, and the Federal Public De-
the attorney for the Government, or the
following release from imprisonment. The fender or Executive Director of the Commu-
court, impose a reduced sentence as if sec-
conditions of supervised release and any nity Defender Organization for the judicial
tions 401 and 403 of the First Step Act of 2018
modification or revocation of the term of su- district in which the sentence described in
(Public Law 115–391; 132 Stat. 5220) and the
pervise release shall be in accordance with subparagraph (A) was imposed.
amendments made by subsection (b) of this
section were in effect at the time the cov- section 3583. ‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving
ered offense was committed if, after consid- ‘‘(c) FACTORS AND INFORMATION TO BE CON- notice under paragraph (1), the United States
SIDERED IN DETERMINING WHETHER TO MODIFY attorney shall provide any notifications re-
ering the factors set forth in section 3553(a)
A TERM OF IMPRISONMENT.—The court, in de- quired under section 3771.
of title 18, United States Code, the nature
and seriousness of the danger to any person, termining whether to reduce a term of im- ‘‘(3) APPLICATION.—
the community, or any crime victims, and prisonment pursuant to subsection (a), shall ‘‘(A) IN GENERAL.—An application for a sen-
the post-sentencing conduct of the defend- consider— tence reduction under this section shall be
ant, the sentencing court finds a reduction is ‘‘(1) the factors described in section 3553(a), filed as a motion to reduce the sentence of
consistent with the amendments made by including the nature of the offense and the the defendant and may include affidavits or
section 401 or 403 of the First Step Act of 2018 history and characteristics of the defendant; other written material.
(Public Law 115–391; 132 Stat. 5220) or with ‘‘(2) the age of the defendant at the time of ‘‘(B) REQUIREMENT.—A motion to reduce a
subsection (b) of this section. the offense; sentence under this section shall be filed
(d) CRIME VICTIMS.—Any proceeding under ‘‘(3) a report and recommendation of the with the sentencing court and a copy shall
this section shall be subject to section 3771 of Bureau of Prisons, including information on be served on the United States attorney for
title 18, United States Code (commonly whether the defendant has substantially the judicial district in which the sentence
known as the ‘‘Crime Victims Rights Act’’). complied with the rules of each institution was imposed.
(e) REQUIREMENT.—For each motion filed in which the defendant has been confined and ‘‘(4) EXPANDING THE RECORD; HEARING.—
under subsection (b), the Government shall whether the defendant has completed any ‘‘(A) EXPANDING THE RECORD.—After the fil-
conduct a particularized inquiry of the facts educational, vocational, or other prison pro- ing of a motion to reduce a sentence under
and circumstances of the original sentencing gram, where available; this section, the court may direct the parties
of the defendant in order to assess whether a ‘‘(4) a report and recommendation of the to expand the record by submitting addi-
reduction in sentence would be consistent United States attorney for any district in tional written materials relating to the mo-
with the First Step Act of 2018 (Public Law which an offense for which the defendant is tion.
115–391; 132 Stat. 5194) and the amendments imprisoned was prosecuted; ‘‘(B) HEARING.—
made by that Act, including a review of any ‘‘(5) whether the defendant has dem- ‘‘(i) IN GENERAL.—The court shall conduct
prior criminal conduct or any other relevant onstrated maturity, rehabilitation, and a fit- a hearing on the motion, at which the de-
information from Federal, State, and local ness to reenter society sufficient to justify a fendant and counsel for the defendant shall
authorities. sentence reduction; be given the opportunity to be heard.
SEC. 102. MODIFYING SAFETY VALVE FOR DRUG ‘‘(6) any statement, which may be pre- ‘‘(ii) EVIDENCE.—In a hearing under this
OFFENSES. sented orally or otherwise, by any victim of section, the court may allow parties to
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(a) AMENDMENTS.—Section 3553 of title 18, an offense for which the defendant is impris- present evidence.
United States Code, is amended— oned or by a family member of the victim if ‘‘(iii) DEFENDANT’S PRESENCE.—At a hear-
(1) by redesignating subsection (g) as sub- the victim is deceased; ing under this section, the defendant shall be
section (h); and ‘‘(7) any report from a physical, mental, or present unless the defendant waives the
(2) by inserting after subsection (f) the fol- psychiatric examination of the defendant right to be present. The requirement under
lowing: conducted by a licensed health care profes- this clause may be satisfied by the defendant
‘‘(g) INADEQUACY OF CRIMINAL HISTORY.— sional; appearing by video teleconference.
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S1822 CONGRESSIONAL RECORD — SENATE March 25, 2021
‘‘(iv) COUNSEL.—A defendant who is unable ‘‘(B) for the purpose of proceedings and dis- ‘‘bonding,’’ the following: ‘‘participation in
to obtain counsel is entitled to have counsel position under this chapter for an alleged act an educational system,’’; and
appointed to represent the defendant for pro- of juvenile delinquency, a person who has (2) in subsection (b), by striking ‘‘District
ceedings under this section, including any not attained the age of 21 years; courts exercising jurisdiction over any juve-
appeal, unless the defendant waives the right ‘‘(9) the term ‘juvenile delinquency’ means nile’’ and inserting the following: ‘‘Not later
to counsel. the violation of a law of the United States than 7 days after the date on which a district
‘‘(v) FINDINGS.—The court shall state in committed by a person before attaining the court exercises jurisdiction over a juvenile,
open court, and file in writing, the reasons age of 18 years which would have been a the district court’’.
for granting or denying a motion under this crime if committed by an adult, or a viola- (d) SEALING; EXPUNGEMENT.—
section. tion by such a person of section 922(x); (1) IN GENERAL.—Chapter 403 of title 18,
‘‘(C) APPEAL.—The Government or the de- ‘‘(10) the term ‘juvenile nonviolent offense’ United States Code, is amended by adding at
fendant may file a notice of appeal in the means— the end the following:
district court for review of a final order ‘‘(A) in the case of an arrest or an adju- ‘‘§ 5044. Sealing
under this section. The time limit for filing dication that is dismissed or finds the juve- ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT
such appeal shall be governed by rule 4(a) of nile to be not delinquent, an act of juvenile OFFENSES.—
the Federal Rules of Appellate Procedure. delinquency that is not— ‘‘(1) IN GENERAL.—Three years after the
‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO- ‘‘(i) a criminal homicide, forcible rape or date on which a person who is adjudicated
GRAMS.—A defendant who is convicted and any other sex offense (as defined in section delinquent under this chapter for a juvenile
sentenced as an adult for an offense com- 111 of the Sex Offender Registration and No- nonviolent offense completes every term of
mitted and completed before the defendant tification Act (34 U.S.C. 20911)), kidnapping, probation, official detention, or juvenile de-
attained 18 years of age may not be deprived aggravated assault, robbery, burglary of an linquent supervision ordered by the court
of any educational, training, or rehabilita- occupied structure, arson, or a drug traf- with respect to the offense, the court shall
tive program that is otherwise available to ficking crime in which a firearm was used; or order the sealing of each juvenile record or
the general prison population.’’. ‘‘(ii) a Federal crime of terrorism (as de- portion thereof that relates to the offense if
(b) TABLE OF SECTIONS.—The table of sec- fined in section 2332b(g)); and the person—
tions for chapter 403 of title 18, United ‘‘(B) in the case of an adjudication that ‘‘(A) has not been convicted of a crime or
States Code, is amended by inserting after finds the juvenile to be delinquent, an act of adjudicated delinquent for an act of juvenile
the item relating to section 5032 the fol- juvenile delinquency that is not— delinquency since the date of the disposition;
lowing: ‘‘(i) described in clause (i) or (ii) of sub- and
‘‘5032A. Modification of an imposed term of paragraph (A); or ‘‘(B) is not engaged in active criminal
imprisonment for violations of ‘‘(ii) a misdemeanor crime of domestic vio- court proceedings or juvenile delinquency
law committed prior to age lence (as defined in section 921(a)(33)); proceedings.
18.’’. ‘‘(11) the term ‘juvenile record’— ‘‘(2) AUTOMATIC NATURE OF SEALING.—The
(c) APPLICABILITY.—The amendments made ‘‘(A) means a record maintained by a order of sealing under paragraph (1) shall re-
by this section shall apply to any conviction court, the probation system, a law enforce- quire no action by the person whose juvenile
entered before, on, or after the date of enact- ment agency, or any other government agen- records are to be sealed.
ment of this Act. cy, of the juvenile delinquency proceedings ‘‘(3) NOTICE OF AUTOMATIC SEALING.—A
SEC. 202. JUVENILE SEALING AND of a person; court that orders the sealing of a juvenile
EXPUNGEMENT. ‘‘(B) includes— record of a person under paragraph (1) shall,
(a) PURPOSE.—The purpose of this section ‘‘(i) a juvenile legal file, including a formal in writing, inform the person of the sealing
is to— document such as a petition, notice, motion, and the benefits of sealing the record.
(1) protect children and adults against legal memorandum, order, or decree; ‘‘(b) PETITIONING FOR EARLY SEALING OF
damage stemming from their juvenile acts ‘‘(ii) a social record, including— NONVIOLENT OFFENSES.—
and subsequent juvenile delinquency records, ‘‘(I) a record of a probation officer; ‘‘(1) RIGHT TO FILE SEALING PETITION.—
including law enforcement, arrest, and court ‘‘(II) a record of any government agency ‘‘(A) IN GENERAL.—During the 3-year period
records; and that keeps records relating to juvenile delin- beginning on the date on which a person who
(2) prevent the unauthorized use or disclo- quency; is adjudicated delinquent under this chapter
sure of confidential juvenile delinquency ‘‘(III) a medical record; for a juvenile nonviolent offense completes
records and any potential employment, fi- ‘‘(IV) a psychiatric or psychological record; every term of probation, official detention,
nancial, psychological, or other harm that ‘‘(V) a birth certificate; or juvenile delinquent supervision ordered by
would result from such unauthorized use or ‘‘(VI) an education record, including an in- the court with respect to the offense, the
disclosure. dividualized education plan; person may petition the court to seal the ju-
(b) DEFINITIONS.—Section 5031 of title 18, ‘‘(VII) a detention record; venile records that relate to the offense, un-
United States Code, is amended to read as ‘‘(VIII) demographic information that less the person—
follows: identifies a juvenile or the family of a juve- ‘‘(i) has been convicted of a crime or adju-
‘‘§ 5031. Definitions nile; or dicated delinquent for an act of juvenile de-
‘‘In this chapter— ‘‘(IX) any other record that includes per- linquency since the date of the disposition;
‘‘(1) the term ‘adjudication’ means a deter- sonally identifiable information that may be or
mination by a judge that a person com- associated with a juvenile delinquency pro- ‘‘(ii) is engaged in active criminal court
mitted an act of juvenile delinquency; ceeding, an act of juvenile delinquency, or an proceedings or juvenile delinquency pro-
‘‘(2) the term ‘conviction’ means a judg- alleged act of juvenile delinquency; and ceedings.
ment or disposition in criminal court against ‘‘(iii) a law enforcement record, including a ‘‘(B) NOTICE OF OPPORTUNITY TO FILE PETI-
a person following a finding of guilt by a photograph or a State criminal justice infor- TION.—If a person is adjudicated delinquent
judge or jury; mation system record; and for a juvenile nonviolent offense, the court
‘‘(3) the term ‘destroy’ means to render a ‘‘(C) does not include— in which the person is adjudicated delin-
file unreadable, whether paper, electronic, or ‘‘(i) fingerprints; or quent shall, in writing, inform the person of
otherwise stored, by shredding, pulverizing, ‘‘(ii) a DNA sample; the potential eligibility of the person to file
pulping, incinerating, overwriting, refor- ‘‘(12) the term ‘petitioner’ means a person a sealing petition with respect to the offense
matting the media, or other means; who files an expungement petition or a seal- upon completing every term of probation, of-
‘‘(4) the term ‘expunge’ means to destroy a ing petition; ficial detention, or juvenile delinquent su-
record and obliterate the name of the person ‘‘(13) the term ‘seal’ means— pervision ordered by the court with respect
to whom the record pertains from each offi- ‘‘(A) to close a record from public viewing to the offense, and the necessary procedures
cial index or public record; so that the record cannot be examined ex- for filing the sealing petition—
‘‘(5) the term ‘expungement hearing’ means cept by court order; and ‘‘(i) on the date on which the individual is
a hearing held under section 5045(b)(2)(B); ‘‘(B) to physically seal the record shut and adjudicated delinquent; and
‘‘(6) the term ‘expungement petition’ label the record ‘SEALED’ or, in the case of ‘‘(ii) on the date on which the individual
means a petition for expungement filed an electronic record, the substantive equiva- has completed every term of probation, offi-
under section 5045(b); lent; cial detention, or juvenile delinquent super-
‘‘(7) the term ‘high-risk, public trust posi- ‘‘(14) the term ‘sealing hearing’ means a vision ordered by the court with respect to
tion’ means a position designated as a public hearing held under section 5044(b)(2)(B); and the offense.
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trust position under section 731.106(b) of title ‘‘(15) the term ‘sealing petition’ means a ‘‘(2) PROCEDURES.—
5, Code of Federal Regulations, or any suc- petition for a sealing order filed under sec- ‘‘(A) NOTIFICATION TO PROSECUTOR.—If a
cessor regulation; tion 5044(b).’’. person files a sealing petition with respect to
‘‘(8) the term ‘juvenile’ means— (c) CONFIDENTIALITY.—Section 5038 of title a juvenile nonviolent offense, the court in
‘‘(A) except as provided in subparagraph 18, United States Code, is amended— which the petition is filed shall provide no-
(B), a person who has not attained the age of (1) in subsection (a), in the flush text fol- tice of the petition—
18 years; and lowing paragraph (6), by inserting after ‘‘(i) to the Attorney General; and
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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1823
‘‘(ii) upon the request of the petitioner, to ‘‘(II) the number of instances in which the ‘‘(I) law enforcement employment; or
any other individual that the petitioner de- Attorney General supported or opposed a ‘‘(II) any position that a Federal agency
termines may testify as to— sealing petition; designates as a—
‘‘(I) the conduct of the petitioner since the ‘‘(ii) includes any supporting data that the ‘‘(aa) national security position; or
date of the offense; or Director determines relevant and that does ‘‘(bb) high-risk, public trust position.
‘‘(II) the reasons that the sealing order not name any petitioner; and ‘‘(B) TRANSITION PERIOD.—During the 1-
should be entered. ‘‘(iii) disaggregates all relevant data by year period beginning on the date on which
‘‘(B) HEARING.— race, ethnicity, gender, and the nature of the a court orders the sealing of a juvenile
‘‘(i) IN GENERAL.—If a person files a sealing offense. record under this section, a law enforcement
petition, the court shall— ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— agency may, for law enforcement purposes,
‘‘(I) except as provided in clause (iii), con- ‘‘(i) PETITIONERS UNDER AGE 18.—The dis- access the record if the record is in the pos-
duct a hearing in accordance with clause (ii); trict court shall appoint counsel in accord- session of the agency or another law enforce-
and ance with the plan of the district court in ment agency.
‘‘(II) determine whether to enter a sealing operation under section 3006A to represent a ‘‘(4) PROHIBITION ON DISCLOSURE.—
order for the person in accordance with sub- petitioner for purposes of this subsection if ‘‘(A) PROHIBITION.—Except as provided in
paragraph (C). the petitioner is less than 18 years of age. subparagraph (C), it shall be unlawful to in-
‘‘(ii) OPPORTUNITY TO TESTIFY AND OFFER ‘‘(ii) PETITIONERS AGE 18 AND OLDER.— tentionally make or attempt to make an un-
EVIDENCE.—
‘‘(I) DISCRETION OF COURT.—In the case of a authorized disclosure of any information
petitioner who is not less than 18 years of from a sealed juvenile record in violation of
‘‘(I) PETITIONER.—The petitioner may tes-
age, the district court may, in its discretion, this section.
tify or offer evidence at the sealing hearing
appoint counsel in accordance with the plan ‘‘(B) PENALTY.—Any person who violates
in support of sealing.
of the district court in operation under sec- subparagraph (A) shall be fined under this
‘‘(II) PROSECUTOR.—The Attorney General
tion 3006A to represent the petitioner for title, imprisoned for not more than 1 year, or
may send a representative to testify or offer
purposes of this subsection. both.
evidence at the sealing hearing in support of
‘‘(II) CONSIDERATIONS.—In determining ‘‘(C) EXCEPTIONS.—
or against sealing. whether to appoint counsel under subclause ‘‘(i) BACKGROUND CHECKS.—In the case of a
‘‘(III) OTHER INDIVIDUALS.—An individual (I), the court shall consider— background check for law enforcement em-
who receives notice under subparagraph ‘‘(aa) the anticipated complexity of the ployment or for any employment that re-
(A)(ii) may testify or offer evidence at the sealing hearing, including the number and quires a government security clearance—
sealing hearing as to the issues described in type of witnesses called to advocate against ‘‘(I) a person who is the subject of a juve-
subclauses (I) and (II) of that subparagraph. the sealing of the records of the petitioner; nile record sealed under this section shall
‘‘(iii) WAIVER OF HEARING.—If the peti- and disclose the contents of the record; and
tioner and the Attorney General so agree, ‘‘(bb) the potential for adverse testimony ‘‘(II) a law enforcement agency that pos-
the court shall make a determination under by a victim or a representative of the Attor- sesses a juvenile record sealed under this
subparagraph (C) without a hearing. ney General. section—
‘‘(C) BASIS FOR DECISION.—The court shall ‘‘(c) EFFECT OF SEALING ORDER.— ‘‘(aa) may disclose the contents of the
determine whether to grant the sealing peti- ‘‘(1) PROTECTION FROM DISCLOSURE.—Except record; and
tion after considering— as provided in paragraphs (3) and (4), if a ‘‘(bb) if the agency obtains or is subject to
‘‘(i) the sealing petition and any docu- court orders the sealing of a juvenile record a court order authorizing disclosure of the
ments in the possession of the court; of a person under subsection (a) or (b) with record, may disclose the record.
‘‘(ii) all the evidence and testimony pre- respect to a juvenile nonviolent offense, the ‘‘(ii) DISCLOSURE TO ARMED FORCES.—A per-
sented at the sealing hearing, if such a hear- proceedings in the case shall be deemed son, including a law enforcement agency
ing is conducted; never to have occurred, and the person may that possesses a juvenile record sealed under
‘‘(iii) the best interests of the petitioner; properly reply accordingly to any inquiry this section, may disclose information from
‘‘(iv) the age of the petitioner during his or about the events the records of which are or- a juvenile record sealed under this section to
her contact with the court or any law en- dered sealed. the Secretaries of the military departments
forcement agency; ‘‘(2) VERIFICATION OF SEALING.—If a court (or the Secretary of Homeland Security with
‘‘(v) the nature of the juvenile nonviolent orders the sealing of a juvenile record under respect to the Coast Guard when it is not op-
offense; subsection (a) or (b) with respect to a juve- erating as a service in the Navy) for the pur-
‘‘(vi) the disposition of the case; nile nonviolent offense, the court shall— pose of vetting an enlistment or commission,
‘‘(vii) the manner in which the petitioner ‘‘(A) send a copy of the sealing order to or with regard to any member of the Armed
participated in any court-ordered rehabilita- each entity or person known to the court Forces.
tive programming or supervised services; that possesses a record relating to the of- ‘‘(iii) CRIMINAL AND JUVENILE PRO-
‘‘(viii) the length of the time period during fense, including each— CEEDINGS.—A prosecutor or other law en-
which the petitioner has been without con- ‘‘(i) law enforcement agency; and forcement officer may disclose information
tact with any court or law enforcement ‘‘(ii) public or private correctional or de- from a juvenile record sealed under this sec-
agency; tention facility; tion, and a person who is the subject of a ju-
‘‘(ix) whether the petitioner has had any ‘‘(B) in the sealing order, require each enti- venile record sealed under this section may
criminal or juvenile delinquency involve- ty or person described in subparagraph (A) be required to testify or otherwise disclose
ment since the disposition of the juvenile de- to— information about the record, in a criminal
linquency proceeding; and ‘‘(i) seal the record; and or other proceeding if such disclosure is re-
‘‘(x) the adverse consequences the peti- ‘‘(ii) submit a written certification to the quired by the Constitution of the United
tioner may suffer if the petition is not grant- court, under penalty of perjury, that the en- States, the constitution of a State, or a Fed-
ed. tity or person has sealed each paper and elec- eral or State statute or rule.
‘‘(D) WAITING PERIOD AFTER DENIAL.—If the tronic copy of the record; ‘‘(iv) AUTHORIZATION FOR PERSON TO DIS-
court denies a sealing petition, the peti- ‘‘(C) seal each paper and electronic copy of CLOSE OWN RECORD.—A person who is the sub-
tioner may not file a new sealing petition the record in the possession of the court; and ject of a juvenile record sealed under this
with respect to the same juvenile nonviolent ‘‘(D) after receiving a written certification section may choose to disclose the record.
offense until the date that is 2 years after from each entity or person under subpara- ‘‘(d) LIMITATION RELATING TO SUBSEQUENT
the date of the denial. graph (B)(ii), notify the petitioner that each INCIDENTS.—
‘‘(E) UNIVERSAL FORM.—The Director of the entity or person described in subparagraph ‘‘(1) AFTER FILING AND BEFORE PETITION
Administrative Office of the United States (A) has sealed each paper and electronic copy GRANTED.—If, after the date on which a per-
Courts shall create a universal form, avail- of the record. son files a sealing petition with respect to a
able over the internet and in paper form, ‘‘(3) LAW ENFORCEMENT ACCESS TO SEALED juvenile offense and before the court deter-
that an individual may use to file a sealing RECORDS.— mines whether to grant the petition, the per-
petition. ‘‘(A) IN GENERAL.—Except as provided in son is convicted of a crime, adjudicated de-
‘‘(F) NO FEE FOR INDIGENT PETITIONERS.—If subparagraph (B), a law enforcement agency linquent for an act of juvenile delinquency,
the court determines that the petitioner is may access a sealed juvenile record in the or engaged in active criminal court pro-
indigent, there shall be no cost for filing a possession of the agency or another law en- ceedings or juvenile delinquency pro-
sealing petition. forcement agency solely— ceedings, the court shall deny the petition.
‘‘(G) REPORTING.—Not later than 2 years ‘‘(i) to determine whether the person who ‘‘(2) AFTER PETITION GRANTED.—If, on or
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after the date of enactment of this section, is the subject of the record is a nonviolent after the date on which a court orders the
and each year thereafter, the Director of the offender eligible for a first-time-offender di- sealing of a juvenile record of a person under
Administrative Office of the United States version program; subsection (b), the person is convicted of a
Courts shall issue a public report that— ‘‘(ii) for investigatory or prosecutorial pur- crime or adjudicated delinquent for an act of
‘‘(i) describes— poses; or juvenile delinquency—
‘‘(I) the number of sealing petitions grant- ‘‘(iii) for a background check that relates ‘‘(A) the court shall—
ed and denied under this subsection; and to— ‘‘(i) vacate the order; and
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S1824 CONGRESSIONAL RECORD — SENATE March 25, 2021
‘‘(ii) notify the person who is the subject of ‘‘(B) is engaged in active criminal court that an individual may use to file an
the juvenile record, and each entity or per- proceedings or juvenile delinquency pro- expungement petition.
son described in subsection (c)(2)(A), that the ceedings; or ‘‘(F) NO FEE FOR INDIGENT PETITIONERS.—If
order has been vacated; and ‘‘(C) has had not less than 2 adjudications the court determines that the petitioner is
‘‘(B) the record shall no longer be sealed. of delinquency previously expunged under indigent, there shall be no cost for filing an
‘‘(e) INCLUSION OF STATE JUVENILE DELIN- this section. expungement petition.
QUENCY ADJUDICATIONS AND PROCEEDINGS.— ‘‘(2) PROCEDURES.— ‘‘(G) REPORTING.—Not later than 2 years
For purposes of subparagraphs (A) and (B) of ‘‘(A) NOTIFICATION OF PROSECUTOR AND VIC- after the date of enactment of this section,
subsection (a)(1), clauses (i) and (ii) of sub- TIMS.—If a person files an expungement peti- and each year thereafter, the Director of the
section (b)(1)(A), subsection (b)(1)(C)(ix), and tion with respect to a juvenile nonviolent of- Administrative Office of the United States
paragraphs (1) and (2) of subsection (d), the fense, the court in which the petition is filed Courts shall issue a public report that—
term ‘juvenile delinquency’ includes the vio- shall provide notice of the petition—
lation of a law of a State committed by a ‘‘(i) describes—
‘‘(i) to the Attorney General; and ‘‘(I) the number of expungement petitions
person before attaining the age of 18 years
‘‘(ii) upon the request of the petitioner, to granted and denied under this subsection;
which would have been a crime if committed
by an adult. any other individual that the petitioner de- and
termines may testify as to— ‘‘(II) the number of instances in which the
‘‘§ 5045. Expungement
‘‘(I) the conduct of the petitioner since the Attorney General supported or opposed an
‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN date of the offense; or expungement petition;
RECORDS.— ‘‘(II) the reasons that the expungement
‘‘(1) ATTORNEY GENERAL MOTION.— ‘‘(ii) includes any supporting data that the
order should be entered. Director determines relevant and that does
‘‘(A) NONVIOLENT OFFENSES COMMITTED BE- ‘‘(B) HEARING.—
FORE A PERSON TURNED 15.—If a person is ad- not name any petitioner; and
‘‘(i) IN GENERAL.—If a person files an ‘‘(iii) disaggregates all relevant data by
judicated delinquent under this chapter for a expungement petition, the court shall—
juvenile nonviolent offense committed before race, ethnicity, gender, and the nature of the
‘‘(I) except as provided in clause (iii), con- offense.
the person attained 15 years of age and com-
duct a hearing in accordance with clause (ii); ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.—
pletes every term of probation, official de-
and ‘‘(i) PETITIONERS UNDER AGE 18.—The dis-
tention, or juvenile delinquent supervision
‘‘(II) determine whether to enter an trict court shall appoint counsel in accord-
ordered by the court with respect to the of-
expungement order for the person in accord- ance with the plan of the district court in
fense before attaining 18 years of age, on the
ance with subparagraph (C).
date on which the person attains 18 years of operation under section 3006A to represent a
‘‘(ii) OPPORTUNITY TO TESTIFY AND OFFER
age, the Attorney General shall file a motion petitioner for purposes of this subsection if
EVIDENCE.—
in the district court of the United States in the petitioner is less than 18 years of age.
‘‘(I) PETITIONER.—The petitioner may tes-
which the person was adjudicated delinquent ‘‘(ii) PETITIONERS AGE 18 AND OLDER.—
tify or offer evidence at the expungement
requesting that each juvenile record of the ‘‘(I) DISCRETION OF COURT.—In the case of a
person that relates to the offense be ex- hearing in support of expungement.
‘‘(II) PROSECUTOR.—The Attorney General petitioner who is not less than 18 years of
punged. age, the district court may, in its discretion,
‘‘(B) ARRESTS.—If a juvenile is arrested by may send a representative to testify or offer
evidence at the expungement hearing in sup- appoint counsel in accordance with the plan
a Federal law enforcement agency for a juve- of the district court in operation under sec-
nile nonviolent offense for which a juvenile port of or against expungement.
‘‘(III) OTHER INDIVIDUALS.—An individual tion 3006A to represent the petitioner for
delinquency proceeding is not instituted purposes of this subsection.
under this chapter, and for which the United who receives notice under subparagraph
(A)(ii) may testify or offer evidence at the ‘‘(II) CONSIDERATIONS.—In determining
States does not proceed against the juvenile whether to appoint counsel under subclause
as an adult in a district court of the United expungement hearing as to the issues de-
scribed in subclauses (I) and (II) of that sub- (I), the court shall consider—
States, the Attorney General shall file a mo-
paragraph. ‘‘(aa) the anticipated complexity of the
tion in the district court of the United
‘‘(iii) WAIVER OF HEARING.—If the peti- expungement hearing, including the number
States that would have had jurisdiction of
the proceeding requesting that each juvenile tioner and the Attorney General so agree, and type of witnesses called to advocate
record relating to the arrest be expunged. the court shall make a determination under against the expungement of the records of
‘‘(C) EXPUNGEMENT ORDER.—Upon the filing subparagraph (C) without a hearing. the petitioner; and
of a motion in a district court of the United ‘‘(C) BASIS FOR DECISION.—The court shall ‘‘(bb) the potential for adverse testimony
States with respect to a juvenile nonviolent determine whether to grant an expungement by a victim or a representative of the Attor-
offense under subparagraph (A) or an arrest petition after considering— ney General.
for a juvenile nonviolent offense under sub- ‘‘(i) the petition and any documents in the ‘‘(c) EFFECT OF EXPUNGED JUVENILE
paragraph (B), the court shall grant the mo- possession of the court;
RECORD.—
tion and order that each juvenile record re- ‘‘(ii) all the evidence and testimony pre-
‘‘(1) PROTECTION FROM DISCLOSURE.—Except
lating to the offense or arrest, as applicable, sented at the expungement hearing, if such a
as provided in paragraphs (4) through (8), if a
be expunged. hearing is conducted;
court orders the expungement of a juvenile
‘‘(2) DISMISSED CASES.—If a district court of ‘‘(iii) the best interests of the petitioner;
‘‘(iv) the age of the petitioner during his or record of a person under subsection (a) or (b)
the United States dismisses an information
her contact with the court or any law en- with respect to a juvenile nonviolent offense,
with respect to a juvenile under this chapter
forcement agency; the proceedings in the case shall be deemed
or finds a juvenile not to be delinquent in a
‘‘(v) the nature of the juvenile nonviolent never to have occurred, and the person may
juvenile delinquency proceeding under this
offense; properly reply accordingly to any inquiry
chapter, the court shall concurrently order
that each juvenile record relating to the ap- ‘‘(vi) the disposition of the case; about the events the records of which are or-
plicable proceeding be expunged. ‘‘(vii) the manner in which the petitioner dered expunged.
‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— participated in any court-ordered rehabilita- ‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a
An order of expungement under paragraph tive programming or supervised services; court orders the expungement of a juvenile
(1)(C) or (2) shall not require any action by ‘‘(viii) the length of the time period during record under subsection (a) or (b) with re-
the person whose records are to be expunged. which the petitioner has been without con- spect to a juvenile nonviolent offense, the
‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.— tact with any court or any law enforcement court shall—
A court that orders the expungement of a ju- agency; ‘‘(A) send a copy of the expungement order
venile record of a person under paragraph ‘‘(ix) whether the petitioner has had any to each entity or person known to the court
(1)(C) or (2) shall, in writing, inform the per- criminal or juvenile delinquency involve- that possesses a record relating to the of-
son of the expungement and the benefits of ment since the disposition of the juvenile de- fense, including each—
expunging the record. linquency proceeding; and ‘‘(i) law enforcement agency; and
‘‘(b) PETITIONING FOR EXPUNGEMENT OF ‘‘(x) the adverse consequences the peti- ‘‘(ii) public or private correctional or de-
NONVIOLENT OFFENSES.— tioner may suffer if the petition is not grant- tention facility;
‘‘(1) IN GENERAL.—A person who is adju- ed. ‘‘(B) in the expungement order—
dicated delinquent under this chapter for a ‘‘(D) WAITING PERIOD AFTER DENIAL.—If the ‘‘(i) require each entity or person described
juvenile nonviolent offense committed on or court denies an expungement petition, the in subparagraph (A) to—
after the date on which the person attained petitioner may not file a new expungement ‘‘(I) seal the record for 1 year and, during
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15 years of age may petition the court in petition with respect to the same offense that 1-year period, apply paragraphs (3) and
which the proceeding took place to order the until the date that is 2 years after the date (4) of section 5044(c) with respect to the
expungement of the juvenile record that re- of the denial. record;
lates to the offense unless the person— ‘‘(E) UNIVERSAL FORM.—The Director of the ‘‘(II) on the date that is 1 year after the
‘‘(A) has been convicted of a crime or adju- Administrative Office of the United States date of the order, destroy the record unless a
dicated delinquent for an act of juvenile de- Courts shall create a universal form, avail- subsequent incident described in subsection
linquency since the date of the disposition; able over the internet and in paper form, (d)(2) occurs; and
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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1825
‘‘(III) submit a written certification to the record may be required to disclose under- construed to authorize the sealing or
court, under penalty of perjury, that the en- lying information from the record. expungement of a record of a criminal con-
tity or person has destroyed each paper and ‘‘(7) DISCLOSURE TO ARMED FORCES.—On and viction of a juvenile who was proceeded
electronic copy of the record; and after the date that is 1 year after the date on against as an adult in a district court of the
‘‘(ii) explain that if a subsequent incident which a court orders the expungement of a United States.
described in subsection (d)(2) occurs, the juvenile record under this section, a person, SEC. 203. ENSURING ACCURACY OF FEDERAL
order shall be vacated and the record shall including a law enforcement agency that CRIMINAL RECORDS.
no longer be sealed; possessed such a juvenile record, may be re- (a) IN GENERAL.—Section 534 of title 28,
‘‘(C) on the date that is 1 year after the quired to disclose underlying information United States Code, is amended by adding at
date of the order, destroy each paper and from the record to the Secretaries of the the end the following:
military departments (or the Secretary of ‘‘(g) ENSURING ACCURACY OF FEDERAL
electronic copy of the record in the posses-
Homeland Security with respect to the Coast CRIMINAL RECORDS.—
sion of the court unless a subsequent inci-
Guard when it is not operating as a service ‘‘(1) DEFINITIONS.—
dent described in subsection (d)(2) occurs;
in the Navy) for the purpose of vetting an en- ‘‘(A) IN GENERAL.—In this subsection—
and
listment or commission, or with regard to ‘‘(i) the term ‘applicant’ means the indi-
‘‘(D) after receiving a written certification vidual to whom a record sought to be ex-
from each entity or person under subpara- any member of the Armed Forces.
‘‘(8) AUTHORIZATION FOR PERSON TO DIS- changed pertains;
graph (B)(i)(III), notify the petitioner that ‘‘(ii) the term ‘high-risk, public trust posi-
each entity or person described in subpara- CLOSE OWN RECORD.—A person who is the sub-
tion’ means a position designated as a public
graph (A) has destroyed each paper and elec- ject of a juvenile record expunged under this
trust position under section 731.106(b) of title
tronic copy of the record. section may choose to disclose the record.
5, Code of Federal Regulations, or any suc-
‘‘(3) REPLY TO INQUIRIES.—On and after the ‘‘(9) TREATMENT AS SEALED RECORD DURING
cessor regulation;
date that is 1 year after the date on which a TRANSITION PERIOD.—During the 1-year period
‘‘(iii) the term ‘incomplete’, with respect
court orders the expungement of a juvenile beginning on the date on which a court or-
to a record, means the record—
record of a person under this section, in the ders the expungement of a juvenile record
‘‘(I) indicates that an individual was ar-
case of an inquiry relating to the juvenile under this section, paragraphs (3) and (4) of
rested but does not describe the offense for
record, the court, each law enforcement offi- section 5044(c) shall apply with respect to the
which the individual was arrested; or
cer, any agency that provided treatment or record as if the record had been sealed under
‘‘(II) indicates that an individual was ar-
rehabilitation services to the person, and the that section. rested or criminal proceedings were insti-
person (except as provided in paragraphs (4) ‘‘(d) LIMITATION RELATING TO SUBSEQUENT tuted against an individual but does not in-
through (8)) shall reply to the inquiry that INCIDENTS.— clude the final disposition of the arrest or of
no such juvenile record exists. ‘‘(1) AFTER FILING AND BEFORE PETITION the proceedings if a final disposition has
‘‘(4) CIVIL ACTIONS.— GRANTED.—If, after the date on which a per-
been reached;
‘‘(A) IN GENERAL.—On and after the date on son files an expungement petition with re- ‘‘(iv) the term ‘record’ means a record or
which a court orders the expungement of a spect to a juvenile offense and before the other information collected under this sec-
juvenile record of a person under this sec- court determines whether to grant the peti- tion that relates to—
tion, if the person brings an action against a tion, the person is convicted of a crime, adju- ‘‘(I) an arrest by a Federal law enforce-
law enforcement agency that arrested, or dicated delinquent for an act of juvenile de- ment officer; or
participated in the arrest of, the person for linquency, or engaged in active criminal ‘‘(II) a Federal criminal proceeding;
the offense to which the record relates, or court proceedings or juvenile delinquency ‘‘(v) the term ‘reporting jurisdiction’
against the State or political subdivision of proceedings, the court shall deny the peti- means any person or entity that provides a
a State of which the law enforcement agency tion. record to the Attorney General under this
is an agency, in which the contents of the ‘‘(2) AFTER PETITION GRANTED.—If, on or section; and
record are relevant to the resolution of the after the date on which a court orders the ‘‘(vi) the term ‘requesting entity’—
issues presented in the action, there shall be expungement of a juvenile record of a person ‘‘(I) means a person or entity that seeks
a rebuttable presumption that the defendant under subsection (b), the person is convicted the exchange of a record for civil purposes
has a complete defense to the action. of a crime, adjudicated delinquent for an act that include employment, housing, credit, or
‘‘(B) SHOWING BY PLAINTIFF.—In an action of juvenile delinquency, or engaged in active any other type of application; and
described in subparagraph (A), the plaintiff criminal court proceedings or juvenile delin- ‘‘(II) does not include a law enforcement or
may rebut the presumption of a complete de- quency proceedings— intelligence agency that seeks the exchange
fense by showing that the contents of the ex- ‘‘(A) the court that ordered the of a record for—
punged record would not prevent the defend- expungement shall— ‘‘(aa) investigative purposes; or
ant from being held liable. ‘‘(i) vacate the order; and ‘‘(bb) purposes relating to law enforcement
‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE OF ‘‘(ii) notify the person who is the subject of employment.
RECORD.—The court in which an action de- the juvenile record, and each entity or per- ‘‘(B) RULE OF CONSTRUCTION.—The defini-
scribed in subparagraph (A) is filed may re- son described in subsection (c)(2)(A), that the tion of the term ‘requesting entity’ under
quire the plaintiff to state under oath wheth- order has been vacated; and subparagraph (A) shall not be construed to
er the plaintiff had a juvenile record and ‘‘(B) the record— authorize access to records that is not other-
whether the record was expunged. ‘‘(i) shall not be expunged; or wise authorized by law.
‘‘(D) PROOF OF EXISTENCE OF JUVENILE ‘‘(ii) if the record has been expunged be- ‘‘(2) INCOMPLETE OR INACCURATE RECORDS.—
RECORD.—If the plaintiff in an action de- cause 1 year has elapsed since the date of the The Attorney General shall establish and en-
scribed in subparagraph (A) denies the exist- expungement order, shall not be treated as force procedures to ensure the prompt re-
ence of a juvenile record, the defendant may having been expunged. lease of accurate records exchanged for em-
prove the existence of the record in any man- ‘‘(e) INCLUSION OF STATE JUVENILE DELIN- ployment-related purposes through the
ner compatible with the applicable laws of QUENCY ADJUDICATIONS AND PROCEEDINGS.— records system created under this section.
evidence. For purposes of subparagraphs (A), (B), and ‘‘(3) REQUIRED PROCEDURES.—The proce-
‘‘(5) CRIMINAL AND JUVENILE PROCEEDINGS.— (C)(ix) of subsection (b)(1) and paragraphs (1) dures established under paragraph (2) shall
On and after the date that is 1 year after the and (2) of subsection (d), the term ‘juvenile include the following:
date on which a court orders the delinquency’ includes the violation of a law ‘‘(A) INACCURATE RECORD OR INFORMATION.—
expungement of a juvenile record under this of a State committed by a person before at- If the Attorney General determines that a
section, a prosecutor or other law enforce- taining the age of 18 years which would have record is inaccurate, the Attorney General
ment officer may disclose underlying infor- been a crime if committed by an adult.’’. shall promptly correct the record, including
mation from the juvenile record, and the per- (2) TECHNICAL AND CONFORMING AMEND- by making deletions to the record if appro-
son who is the subject of the juvenile record MENT.—The table of sections for chapter 403 priate.
may be required to testify or otherwise dis- of title 18, United States Code, is amended by ‘‘(B) INCOMPLETE RECORD.—
close information about the record, in a adding at the end the following: ‘‘(i) IN GENERAL.—If the Attorney General
criminal or other proceeding if such disclo- ‘‘5044. Sealing. determines that a record is incomplete or
sure is required by the Constitution of the ‘‘5045. Expungement.’’. cannot be verified, the Attorney General—
United States, the constitution of a State, or (3) APPLICABILITY.—Sections 5044 and 5045 ‘‘(I) shall attempt to complete or verify the
a Federal or State statute or rule. of title 18, United States Code, as added by record; and
‘‘(6) BACKGROUND CHECKS.—On and after the paragraph (1), shall apply with respect to a ‘‘(II) if unable to complete or verify the
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date that is 1 year after the date on which a juvenile nonviolent offense (as defined in record, may promptly make any changes or
court orders the expungement of a juvenile section 5031 of such title, as amended by sub- deletions to the record.
record under this section, in the case of a section (b)) that is committed or alleged to ‘‘(ii) LACK OF DISPOSITION OF ARREST.—For
background check for law enforcement em- have been committed before, on, or after the purposes of this subparagraph, an incomplete
ployment or for any employment that re- date of enactment of this Act. record includes a record that indicates there
quires a government security clearance, the (e) RULE OF CONSTRUCTION.—Nothing in the was an arrest and does not include the dis-
person who is the subject of the juvenile amendments made by this section shall be position of the arrest.
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S1826 CONGRESSIONAL RECORD — SENATE March 25, 2021
‘‘(iii) OBTAINING DISPOSITION OF ARREST.—If United States Code, as added by subsection to 2019, while in 2018, the People’s Republic
the Attorney General determines that a (a), that includes— of China made up 22 percent of public debt
record is an incomplete record described in (A) the number of exchanges of records for stock, and, in 2020, the People’s Republic of
clause (ii), the Attorney General shall, not employment-related purposes made with en- China made up 29 percent of debt service in
later than 10 days after the date on which tities in each State through the records sys- low-income countries in Africa. The People’s
the requesting entity requests the exchange tem created under such section 534; Republic of China accounts for a quarter or
and before the exchange is made, obtain the (B) any prolonged failure of a Federal more of all public and publicly guaranteed
disposition (if any) of the arrest. agency to comply with a request by the At- debt in Angola, Djibouti, Cameroon, the Re-
‘‘(C) NOTIFICATION OF REPORTING JURISDIC- torney General for information about dis- public of the Congo, Ethiopia, Kenya, and
TION.—The Attorney General shall notify positions of arrests; and Zambia.
each appropriate reporting jurisdiction of (C) the numbers of successful and unsuc- (6) The practice of the People’s Republic of
any action taken under subparagraph (A) or cessful challenges to the accuracy and com- China of concessional financing runs con-
(B). pleteness of records, organized by the Fed- trary to the principles of the Organisation
‘‘(D) OPPORTUNITY TO REVIEW RECORDS BY eral agency from which each record origi- for Economic Co-operation and Development
APPLICANT.—In connection with an exchange nated. related to open market rates, undermines
of a record under this section, the Attorney --- naturally competitive rates, and incentivizes
General shall— By Mr. DURBIN (for himself, Mr. governments in Africa to overlook the Peo-
‘‘(i) notify the applicant that the applicant BOOZMAN, Mr. INHOFE, Mr. ple’s Republic of China’s troubling record on
can obtain a copy of the record as described labor practices, human rights, and environ-
BOOKER, and Mr. CARDIN):
in clause (ii) if the applicant demonstrates a mental impact.
reasonable basis for the applicant’s review of
S. 1022. A bill to create jobs in the
United States by increasing United (7) Sixty percent of Africa’s approximately
the record; 1,250,000,000 people are under the age of 25,
‘‘(ii) provide to the applicant an oppor- States exports to Africa by at least 200 and by the year 2050, one-third of global
tunity, upon request and in accordance with percent in real dollar value within 10 youth will be in sub-Saharan Africa. By 2030,
clause (i), to— years, and for other purposes; to the Africa will have 17 cities with more than
‘‘(I) obtain a copy of the record; and Committee on Banking, Housing, and 5,000,000 inhabitants, as well as 90 cities with
‘‘(II) challenge the accuracy and complete- Urban Affairs. populations of at least 1,000,000. Both are fac-
ness of the record; Mr. DURBIN. Mr. President, I ask tors contributing to rising household con-
‘‘(iii) promptly notify the requesting enti- sumption predicted to reach approximately
ty of any such challenge;
unanimous consent that the text of the
bill be printed in the RECORD. $2,500,000,000,000 by 2030.
‘‘(iv) not later than 30 days after the date (8) When countries such as the People’s Re-
on which the challenge is made, complete an There being no objection, the text of
public of China assist with large-scale gov-
investigation of the challenge; the bill was ordered to be printed in
ernment projects, they often gain access to
‘‘(v) provide to the applicant the specific the RECORD, as follows: valuable commodities such as oil and copper,
findings and results of that investigation; S. 1022 typically without regard to environmental,
‘‘(vi) promptly make any changes or dele- Be it enacted by the Senate and House of Rep- human rights, labor, or governance stand-
tions to the records required as a result of resentatives of the United States of America in ards.
the challenge; and Congress assembled, (b) PURPOSE.—The purpose of this Act is to
‘‘(vii) report those changes to the request- create jobs in the United States by expand-
SECTION 1. SHORT TITLE.
ing entity. ing programs that will result in increasing
This Act may be cited as the ‘‘Increasing
‘‘(E) CERTAIN EXCHANGES PROHIBITED.— United States exports to Africa by 200 per-
American Jobs Through Greater Exports to
‘‘(i) IN GENERAL.—An exchange shall not in- cent in real dollar value within 10 years.
Africa Act of 2021’’.
clude any record—
SEC. 2. FINDINGS; PURPOSE. SEC. 3. DEFINITIONS.
‘‘(I) except as provided in clause (ii), about
an arrest more than 2 years old as of the date (a) FINDINGS.—Congress makes the fol- In this Act:
of the request for the exchange, that does lowing findings: (1) AFRICA.—The term ‘‘Africa’’ refers to
not also include a disposition (if any) of that (1) Export growth helps United States busi- the entire continent of Africa and its 54
arrest; ness grow and create United States jobs. countries, including the Republic of South
‘‘(II) relating to an adult or juvenile non- Ninety-eight percent of United States ex- Sudan.
serious offense of the sort described in sec- ports came from approximately 300,000 (2) AFRICAN DIASPORA.—The term ‘‘African
tion 20.32(b) of title 28, Code of Federal Regu- small- and medium-sized businesses sup- diaspora’’ means the people of African origin
lations, as in effect on July 1, 2009; or porting 4,000,000 United States jobs. living in the United States, irrespective of
‘‘(III) to the extent the record is not clear- (2) In a February 5, 2021, message to an Af- their citizenship and nationality, who are
ly an arrest or a disposition of an arrest. rican leaders meeting at the African Union willing to contribute to the development of
‘‘(ii) APPLICANTS FOR SENSITIVE POSI- Summit, President Joseph R. Biden re- Africa.
TIONS.—The prohibition under clause (i)(I) affirmed the United States relationship with (3) APPROPRIATE CONGRESSIONAL COMMIT-
shall not apply in the case of a background African countries as partners in the con- TEES.—The term ‘‘appropriate congressional
check that relates to— tinent-wide spirit of entrepreneurship and committees’’ means—
‘‘(I) law enforcement employment; or innovation. (A) the Committee on Appropriations, the
‘‘(II) any position that a Federal agency (3) Many countries have trade-distorting Committee on Banking, Housing, and Urban
designates as a— export promotion programs that aggres- Affairs, the Committee on Foreign Rela-
‘‘(aa) national security position; or sively subsidize exports to Africa and other tions, and the Committee on Finance of the
‘‘(bb) high-risk, public trust position. countries around the world. In 2019, there Senate; and
‘‘(4) FEES.—The Attorney General may col- were 115 known official export credit pro- (B) the Committee on Appropriations, the
lect a reasonable fee for an exchange of viders around the world, including export Committee on Energy and Commerce, the
records for employment-related purposes credit agencies, up from 85 in 2015—a 35 per- Committee on Financial Services, the Com-
through the records system created under cent increase from 2015 to 2019. The increas- mittee on Foreign Affairs, and the Com-
this section to defray the costs associated ing investment by foreign governments into mittee on Ways and Means of the House of
with exchanges for those purposes, including export credit can threaten competitiveness Representatives.
any costs associated with the investigation of United States businesses abroad. (4) DEVELOPMENT AGENCIES.—The term ‘‘de-
of inaccurate or incomplete records.’’. (4) Between 2008 and 2019, the People’s Re- velopment agencies’’ includes the United
(b) REGULATIONS ON REASONABLE PROCE- public of China alone provided more than States Department of State, the United
DURES.—Not later than 1 year after the date $462,000,000,000 in loans to the developing States Agency for International Develop-
of enactment of this Act, the Attorney Gen- world, and, in 2009, the People’s Republic of ment, the Millennium Challenge Corpora-
eral shall issue regulations to carry out sec- China surpassed the United States as the tion, the United States International Devel-
tion 534(g) of title 28, United States Code, as leading trade partner of African countries. opment Finance Corporation, the United
added by subsection (a). The Export-Import Bank of the United States Trade and Development Agency, the
(c) REPORT.— States reports the People’s Republic of Chi- United States Department of Agriculture,
(1) DEFINITION.—In this subsection, the na’s export finance activity is larger than all and relevant multilateral development
term ‘‘record’’ has the meaning given the the other export credit agencies in the Group banks.
term in subsection (g) of section 534 of title of 7 countries combined, making the People’s (5) MULTILATERAL DEVELOPMENT BANKS.—
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28, United States Code, as added by sub- Republic of China the world’s largest official The term ‘‘multilateral development banks’’
section (a). creditor with a portfolio more than twice the has the meaning given that term in section
(2) REPORT REQUIRED.—Not later than 2 size of the World Bank and International 1701(c)(4) of the International Financial In-
years after the date of enactment of this Monetary Fund combined. stitutions Act (22 U.S.C. 262r(c)(4)) and in-
Act, the Attorney General shall submit to (5) The Export-Import Bank of the United cludes the African Development Foundation.
Congress a report on the implementation of States supported $12,400,000,000 worth of (6) SUB-SAHARAN REGION.—The term ‘‘sub-
subsection (g) of section 534 of title 28, transactions to sub-Saharan Africa from 2009 Saharan region’’ refers to the 49 countries
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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1827
listed in section 107 of the African Growth (B) loan rates offered by the governments respect to developing and implementing the
and Opportunity Act (19 U.S.C. 3706). of other countries for investment in Africa; strategy.
(7) TRADE POLICY STAFF COMMITTEE.—The and SEC. 6. TRADE MISSION TO AFRICA.
term ‘‘Trade Policy Staff Committee’’ means (C) the policies of other countries with re- It is the sense of Congress that, not later
the Trade Policy Staff Committee estab- spect to export financing for investment in than 1 year after the date of the enactment
lished pursuant to section 2002.2 of title 15, Africa that are predatory or distort markets. of this Act, the Secretary of Commerce and
Code of Federal Regulations, which is com- (c) CONSULTATIONS.—In developing the other high-level officials of the United
posed of representatives of Federal agencies strategy required by subsection (a), the States Government with responsibility for
in charge of developing and coordinating President shall consult with— export promotion, financing, and develop-
United States positions on international (1) Congress; ment should conduct a joint trade mission to
trade and trade-related investment issues. (2) each agency that is a member of the Africa.
(8) TRADE PROMOTION COORDINATING COM- Trade Promotion Coordinating Committee; SEC. 7. PERSONNEL.
MITTEE.—The term ‘‘Trade Promotion Co- (3) the relevant multilateral development (a) UNITED STATES AND FOREIGN COMMER-
ordinating Committee’’ means the Trade banks, in coordination with the Secretary of CIAL SERVICE.—
Promotion Coordinating Committee estab- the Treasury and the respective United (1) IN GENERAL.—The Secretary of Com-
lished under section 2312 of the Export En- States Executive Directors of such banks; merce shall ensure that not less than 10 total
hancement Act of 1988 (15 U.S.C. 4727). (4) each agency that participates in the United States and Foreign Commercial Serv-
(9) UNITED STATES AND FOREIGN COMMERCIAL Trade Policy Staff Committee; ice officers are assigned to Africa for each of
SERVICE.—The term ‘‘United States and For- (5) the President’s Export Council; the first 5 fiscal years beginning after the
eign Commercial Service’’ means the United (6) each of the development agencies; date of the enactment of this Act.
States and Foreign Commercial Service es- (7) any other Federal agencies with respon- (2) ASSIGNMENT.—The Secretary shall, in
tablished by section 2301 of the Export En- sibility for export promotion or financing consultation with the Trade Promotion Co-
hancement Act of 1988 (15 U.S.C. 4721). and development; and ordinating Committee and the Special Africa
SEC. 4. STRATEGY.
(8) the private sector, including businesses, Export Strategy Coordinator, assign the
nongovernmental organizations, and African United States and Foreign Commercial Serv-
(a) IN GENERAL.—Not later than 180 days diaspora groups. ice officers described in paragraph (1) to
after the date of the enactment of this Act, (d) SUBMISSION TO CONGRESS.— United States embassies or consulates in Af-
the President shall establish a comprehen- (1) STRATEGY.—Not later than 180 days rica after conducting a timely resource allo-
sive United States strategy for public and after the date of the enactment of this Act, cation analysis that represents a forward-
private investment, trade, and development the President shall submit to Congress the looking assessment of future United States
in Africa. strategy required by subsection (a). trade opportunities in Africa.
(b) FOCUS OF STRATEGY.—The strategy re- (2) PROGRESS REPORT.—Not later than 3 (3) MULTILATERAL DEVELOPMENT BANKS.—
quired by subsection (a) shall focus on— years after the date of the enactment of this (A) IN GENERAL.—As soon as practicable
(1) increasing exports of United States Act, the President shall submit to Congress after the date of the enactment of this Act,
goods and services to Africa by 200 percent in a report on the implementation of the strat- the Secretary of Commerce shall, using ex-
real dollar value within 10 years from the egy required by subsection (a). isting staff, assign not less than 1 full-time
date of the enactment of this Act; (3) CONTENT OF REPORT.—The report re- United States and Foreign Commercial Serv-
(2) promoting the alignment of United quired by paragraph (2) shall include an ac- ice officer to be split between the office of
States commercial interests with develop- counting of all current United States Gov- the United States Executive Director at the
ment priorities in Africa; ernment programs to promote exports to and World Bank and the African Development
(3) developing relationships between the trade with Africa and to assist United States Bank.
governments of countries in Africa and businesses competing in the African market (B) RESPONSIBILITIES.—Each United States
United States businesses that have an exper- as well as an assessment of the extent to and Foreign Commercial Service officer as-
tise in such issues as critical energy secu- which the strategy required by subsection signed under subparagraph (A) shall be re-
rity, infrastructure development, tech- (a)— sponsible for—
nology, telecommunications, and agri- (A) has been successful in developing crit- (i) increasing the access of United States
culture; ical analyses of policies to increase exports businesses to procurement contracts with
(4) improving the competitiveness of to Africa; the multilateral development bank to which
United States businesses in Africa, including (B) has been successful in increasing the the officer is assigned; and
by encouraging the adoption of United competitiveness of United States businesses (ii) facilitating the access of United States
States construction codes and product stand- in Africa; businesses to risk insurance, equity invest-
ards, with emphasis on those designated as (C) has been successful in creating jobs in ments, consulting services, and lending pro-
American National Standards by the Amer- the United States, including the nature and vided by that bank.
ican National Standards Institute where ap- sustainability of such jobs; (b) EXPORT-IMPORT BANK OF THE UNITED
plicable; (D) has provided sufficient United States STATES.—Of the amounts collected by the
(5) exploring the role the African diaspora Government support to meet third-country Export-Import Bank that remain after pay-
can play in enhancing competitiveness of competition in the region; ing the expenses the Bank is authorized to
United States businesses in Africa and ways (E) has been successful in helping the Afri- pay from such amounts for administrative
that African diaspora remittances can help can diaspora in the United States participate expenses, the Bank shall use sufficient funds
communities in Africa tackle economic, de- in economic growth in Africa; to do the following:
velopment, and infrastructure financing (F) has been successful in promoting eco- (1) Increase the number of staff dedicated
needs; nomic integration in Africa; to expanding business development for Afri-
(6) promoting economic integration in Af- (G) has encouraged specific policies and ca, including increasing the number of busi-
rica through working with the subregional programs in Africa that provide a stable, ness development trips the Bank conducts to
economic communities, supporting efforts safe, and transparent environment in which Africa and the amount of time staff spends
for deeper integration through the develop- business and entrepreneurship can thrive; in Africa to meet the goals set forth in sec-
ment of customs unions within western and and tion 9 and paragraph (5) of section 6(a) of the
central Africa and within eastern and south- (H) has made a meaningful contribution to Export-Import Bank of 1945, as added by sec-
ern Africa, eliminating time-consuming bor- the transformation of Africa and its full in- tion 9(a)(2).
der formalities into and within these areas, tegration into the 21st century world econ- (2) Maintain an appropriate number of em-
and supporting regionally based infrastruc- omy, not only as a supplier of primary prod- ployees of the Bank assigned to United
ture projects; ucts but also as full participant in inter- States field offices of the Bank to be distrib-
(7) encouraging a greater understanding national supply and distribution chains and uted as geographically appropriate through
among United States business and financial as a consumer of international goods and the United States. Such offices shall coordi-
communities of the opportunities Africa services. nate with the related export efforts under-
holds for United States exports; SEC. 5. SPECIAL AFRICA EXPORT STRATEGY CO- taken by the Small Business Administration
(8) fostering partnership opportunities be- ORDINATOR. regional field offices.
tween United States and African small- and The President shall designate an individual (3) Upgrade the Bank’s equipment and soft-
medium-sized enterprises; to serve as Special Africa Export Strategy ware to more expeditiously, effectively, and
(9) supporting African entrepreneurship Coordinator— efficiently process and track applications for
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and private sector development as a means (1) to oversee the development and imple- financing received by the Bank.
to sustainable economic growth and secu- mentation of the strategy required by sec- (c) UNITED STATES INTERNATIONAL DEVEL-
rity; and tion 4; and OPMENT FINANCE CORPORATION.—
(10) monitoring— (2) to coordinate with the Trade Promotion (1) STAFFING.—Of the net offsetting collec-
(A) market loan rates and the availability Coordinating Committee, the Assistant tions collected by the United States Inter-
of capital for United States business invest- United States Trade Representative for Afri- national Development Finance Corporation
ment in Africa; can Affairs, and development agencies with and used for administrative expenses, the
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S1828 CONGRESSIONAL RECORD — SENATE March 25, 2021
Corporation shall use sufficient funds to in- section (d) a report if the Bank has not used scribed in subsection (a) exists between the
crease by not more than 2 the staff needed to at least 10 percent of its lending capabilities United States and an African country, the
promote stable and sustainable economic for projects in Africa as described in para- President shall ensure that the agreement is
growth and development in Africa, to graph (5) of section 6(a) of the Export-Import being implemented in a manner that maxi-
strengthen and expand the private sector in Bank of 1945, as added by paragraph (2), dur- mizes the positive effects for United States
Africa, and to facilitate the general eco- ing the preceding year. trade, export, and labor interests as well as
nomic development of Africa, with a par- (B) ELEMENTS.—Each report required by the economic development of the countries
ticular focus on helping United States busi- subparagraph (A) shall include a description in Africa.
nesses expand into African markets. of— (c) CONSIDERATION OF OBJECTIVES.—United
(2) REPORT.—The Corporation shall report (i) the reasons why the Bank failed to States negotiators in multilateral fora
to the appropriate congressional committees reach the goal described in that subpara- should take into account the objectives of
on whether recent technology upgrades have graph; and this Act.
resulted in more effective and efficient proc- (ii) all final applications for projects in Af- ---
essing and tracking of applications for fi- rica that the Bank did not support. By Mr. DURBIN (for himself and
nancing received by the Corporation. (b) AVAILABILITY OF PORTION OF CAPITAL- Mr. BOOKER):
(3) CERTAIN COSTS NOT CONSIDERED ADMINIS- IZATION TO COMPETE AGAINST FOREIGN S. 1023. A bill to provide tax credits
TRATIVE EXPENSES.—For purposes of this sub- CONCESSIONAL LOANS.— to low- to moderate-income individuals
section, systems infrastructure costs associ- (1) IN GENERAL.—The Bank shall make
for certain computer and education
ated with activities authorized by the Better available annually such amounts as are nec-
essary for loans that counter trade-dis- costs, to direct the Federal Commu-
Utilization of Investments Leading to Devel-
opment Act of 2018 (22 U.S.C. 9601 et seq.) torting financing that is not compliant with nications Commission to modify the
shall not be considered administrative ex- the Arrangement of the Organisation for requirements for the Lifeline program
penses. Economic Co-operation and Development or to provide increased support, and for
(d) RULE OF CONSTRUCTION.—Nothing in preferential, tied aid, or other related non- other purposes; to the Committee on
this section shall be construed as permitting market loans offered by other countries with Finance.
the reduction of personnel of the Department which United States businesses are also com- Mr. DURBIN. Mr. President, I ask
of Commerce, the Department of State, the peting or interested in competing. unanimous consent that the text of the
Export-Import Bank of the United States, or (2) REPORT REQUIRED.—
bill be printed in the RECORD.
the United States International Develop- (A) IN GENERAL.—Not later than 1 year
after the date of the enactment of this Act,
There being no objection, the text of
ment Finance Corporation or the alteration
of planned personnel increases in other re- and annually thereafter for 5 years, the Ex- the bill was ordered to be printed in
gions, except where a personnel decrease was port-Import Bank shall submit to the com- the RECORD, as follows:
previously anticipated or where decreased mittees specified in subsection (d) a report S. 1023
export opportunities justify personnel reduc- on all loans made or rejected by the Bank Be it enacted by the Senate and House of Rep-
tions. during the preceding year that were consid- resentatives of the United States of America in
SEC. 8. TRAINING. ered to counter trade-distorting financing Congress assembled,
The President shall develop a plan— that is not compliant with the Arrangement SECTION 1. SHORT TITLE.
(1) to standardize the training received by of the Organisation for Economic Co-oper- This Act may be cited as the ‘‘Computer
United States and Foreign Commercial Serv- ation and Development and was offered by and Internet Access Equity Act’’.
ice officers, economic officers of the Depart- other countries to its firms. SEC. 2. INCREASED LIFELINE SUPPORT.
ment of State, and economic officers of the (B) INCLUSION.—Each report required by (a) DEFINITIONS.—In this section:
United States Agency for International De- subparagraph (A) shall include a description
(1) COMMISSION.—The term ‘‘Commission’’
velopment with respect to the programs and of the terms of the financing described in means the Federal Communications Com-
procedures of the Export-Import Bank of the that subparagraph offered by other countries mission.
United States, the United States Inter- to firms that competed against the United (2) TERMS DEFINED IN REGULATIONS.—The
national Development Finance Corporation, States firms. terms defined in section 54.400 of title 47,
the Small Business Administration, and the (c) TRADE SECRETS ACT.—A report required
Code of Federal Regulations (or any suc-
United States Trade and Development Agen- by subsection (a)(3) or subsection (b)(2) may
cessor regulation), have the meanings given
cy; and not disclose any information that is con-
fidential or business proprietary, or that those terms in that section.
(2) to ensure that, not later than 1 year (b) REGULATIONS.—Not later than 14 days
after the date of the enactment of this Act— would violate section 1905 of title 18, United
after the date of enactment of this Act, the
(A) all United States and Foreign Commer- States Code (commonly referred to as the
Commission shall promulgate regulations to
cial Service officers that are stationed over- ‘‘Trade Secrets Act’’).
(d) COMMITTEES SPECIFIED.—The commit- modify the requirements for the Lifeline pro-
seas receive the training described in para- gram set forth in subpart E of part 54 of title
tees specified in this subsection are—
graph (1); and 47, Code of Federal Regulations (as in effect
(1) the Committee on Banking, Housing,
(B) in the case of a country to which no on the date of enactment of this Act) to pro-
and Urban Affairs, the Committee on For-
United States and Foreign Commercial Serv- vide for the following:
eign Relations, and the Committee on Appro-
ice officer is assigned, any economic officer (1) The amount of Lifeline support that a
priations of the Senate; and
of the Department of State stationed in that provider of Lifeline service may receive for
(2) the Committee on Financial Services,
country receives that training. providing such service to each qualifying
the Committee on Foreign Affairs, and the
SEC. 9. EXPORT-IMPORT BANK FINANCING. low-income consumer shall be increased by
Committee on Appropriations of the House
(a) FINANCING FOR PROJECTS IN AFRICA.— of Representatives. the lesser of—
(1) SENSE OF CONGRESS.—It is the sense of SEC. 10. SMALL BUSINESS ADMINISTRATION. (A) $83.33 per month; or
Congress that foreign export credit agencies Section 22(b) of the Small Business Act (15 (B) the amount needed to make the
are providing financing in Africa that is not U.S.C. 649(b)) is amended— amount of Lifeline support received by the
compliant with the Arrangement of the (1) in the matter preceding paragraph (1), provider equal to the cost of providing such
Organisation for Economic Co-operation and by striking ‘‘Director of the United States service, except that such cost may not ex-
Development, which is trade distorting and Trade and Development Agency,’’ and insert- ceed the cost to the provider of providing an
threatens United States jobs. ing ‘‘the Director of the United States Trade equivalent level of voice telephony service or
(2) IN GENERAL.—Section 6(a) of the Export- and Development Agency, the Trade Pro- broadband internet access service (as appli-
Import Bank Act of 1945 (12 U.S.C. 635e(a)) is motion Coordinating Committee,’’; and cable) to a consumer who does not receive
amended by adding at the end the following: (2) in paragraph (3), by inserting ‘‘regional Lifeline service.
‘‘(5) PERCENT OF FINANCING TO BE USED FOR offices of the Export-Import Bank of the (2) The percentage of the Federal Poverty
PROJECTS IN AFRICA.—The Bank shall, to the Guidelines (as specified in section 54.409(a)(1)
United States,’’ after ‘‘Retired Executives,’’.
extent that there are acceptable final appli- SEC. 11. BILATERAL, SUBREGIONAL, AND RE-
of title 47, Code of Federal Regulations) at or
cations, increase the amount it finances to GIONAL, AND MULTILATERAL below which a consumer’s household income
Africa over the prior year’s financing for AGREEMENTS. must be in order for the consumer to con-
each of the first 5 fiscal years beginning (a) IN GENERAL.—Where applicable, the stitute a qualifying low-income consumer on
after the date of the enactment of the In- President shall explore opportunities to ne- the basis of income shall be increased to 435
creasing American Jobs Through Greater Ex- gotiate bilateral, subregional, and regional percent.
dlhill on DSK120RN23PROD with SENATE
ports to Africa Act of 2021.’’. agreements that encourage trade and elimi- (3) A provider of broadband internet access
(3) REPORT REQUIRED.— nate nontariff barriers to trade between service shall not be required to be designated
(A) IN GENERAL.—Not later than 1 year countries, such as negotiating investor- as an eligible telecommunications carrier
after the date of the enactment of this Act, friendly double-taxation treaties and invest- under section 214(e) of the Communications
and annually thereafter for 5 years, the Ex- ment promotion agreements. Act of 1934 (47 U.S.C. 214(e)) in order to re-
port-Import Bank of the United States shall (b) AGREEMENTS WITH AFRICAN COUN- ceive Lifeline support for providing such
submit to the committees specified in sub- TRIES.—To the extent any agreement de- service to a qualifying low-income consumer.
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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1829
(c) DURATION.—The modifications made by (9) NOT-FOR-PROFIT SOCIAL WELFARE ORGA- the $2,000 amount (or, in the case of a joint
the regulations promulgated under sub- NIZATION.—The term ‘‘not-for-profit social return, $4,000 amount) in subsection (a)(2)
section (b) shall cease to have any force or welfare organization’’ means an organization shall be reduced by an amount equal to 5 per-
effect on the date that is 12 years after the described in section 501(c)(4) of the Internal cent of so much of the taxpayer’s adjusted
date on which the regulations are promul- Revenue Code of 1986 and exempt from tax gross income for such taxable year as ex-
gated. under section 501(a) of such Code. ceeds—
(d) CONSUMER PROTECTIONS.— (b) GRANTS AUTHORIZED.—Not later than ‘‘(1) $72,000 in the case of a joint return,
(1) IN GENERAL.—A provider of broadband 100 days after the date of enactment of this ‘‘(2) $54,000 in the case of a head of house-
internet access service that receives Lifeline Act, the Commission shall establish a pro- hold, and
support for providing such service to a quali- gram to make grants on a competitive basis ‘‘(3) $36,000 in the case of a taxpayer not de-
fied low-income consumer— to eligible entities to develop and carry out scribed in paragraph (1) or (2).
(A) shall provide such service to the con- an internet safety education or training pro- ‘‘(d) ELIGIBLE INDIVIDUAL.—The term ‘eligi-
sumer at a minimum speed of 25 megabits gram. ble individual’ means any individual other
per second for downloads and 3 megabits per (c) APPLICATIONS.—An eligible entity that than—
second for uploads, which minimum speed wishes to receive a grant under this section ‘‘(1) any nonresident alien individual,
shall be reevaluated and, if appropriate, in- shall submit to the Commission an applica- ‘‘(2) any individual with respect to whom a
creased by the Commission not less fre- tion at such time, in such manner, and con- deduction under section 151 is allowable to
quently than once every 3 years; taining such information as the Commission another taxpayer for a taxable year begin-
(B) shall provide a level of customer serv- may require. ning in the calendar year in which the indi-
ice to the consumer that is comparable to (d) USE OF FUNDS.—An eligible entity that vidual’s taxable year begins, and
the customer service that the provider pro- receives a grant under this section shall use ‘‘(3) an estate or trust.
vides to consumers of broadband internet ac- grant funds to— ‘‘(e) APPLICATION OF SECTION.—This section
cess service who do not receive Lifeline serv- (1) develop a program to provide internet shall only apply to qualified computer costs
ice; education and training, which may address incurred by the taxpayer after December 31,
(C) shall offer such service to each quali- cyberbullying, online privacy, cybersecurity, 2020, and before January 1, 2033.’’.
fied low-income consumer in the designated and digital literacy, to individuals living in (b) ADVANCE PAYMENT OF CREDIT.—
service area of the provider; and households with an income at or below 435 (1) IN GENERAL.—Chapter 77 of the Internal
(D)(i) shall advertise the availability of percent of the Federal Poverty Guidelines Revenue Code of 1986, as amended by section
such service and the charges therefore using for households of the applicable size; and 9611(b) of the American Rescue Plan Act of
media of general distribution throughout the (2) provide such education or training to 2021 (Public Law 117-2), is amended by insert-
designated service area of the provider to in- ing after section 7527A the following new sec-
such individuals through such program.
crease awareness among consumers (includ- (e) REPORTS.— tion:
ing non-English speaking consumers) that ‘‘SEC. 7527B. ADVANCE PAYMENT OF CREDIT FOR
(1) REPORTS TO COMMISSION.—Not later
they may be eligible for such service; and COMPUTER COSTS.
than 3 years after the date on which an eligi-
(ii) may partner with State agencies re- ‘‘(a) IN GENERAL.—As soon as practicable
ble entity receives a grant under this sec-
sponsible for the provision of social assist- after the date of the enactment of this sec-
tion, the eligible entity shall publish and
ance and service programs in conducting ad- tion, the Secretary shall establish a program
submit to the Commission a report that—
vertising under clause (i). for making advance payments of the credit
(A) describes the use of the grant by the el-
(2) DESIGNATED SERVICE AREA.—A State allowed under section 36C (determined with-
igible entity, including the number of indi-
commission or the Commission, as applica- out regard to subsection (e) of such section),
viduals served by the eligible entity using
ble, shall establish a designated service area on such basis as the Secretary determines to
for a provider of broadband internet access grant funds;
be administratively feasible, to taxpayers
service described in paragraph (1) for pur- (B) describes the progress of the eligible
determined to be eligible for advance pay-
poses of that paragraph in the same manner entity toward fulfilling the objectives for
ment of such credit.
as the State commission or Commission es- which the grant was awarded; and
‘‘(b) LIMITATION.—
tablishes a designated service area for a (C) includes any additional information re-
‘‘(1) IN GENERAL.—The Secretary may make
common carrier under paragraph (5) or (6), as quired by the Commission.
payments under subsection (a) only to the
applicable, of section 214(e) of the Commu- (2) REPORT TO CONGRESS.—Not later than 5
extent that the total amount of such pay-
nications Act of 1934 (47 U.S.C. 214(e)). years after the date of enactment of this
ments made to any taxpayer during the tax-
Act, the Commission shall publish and sub-
SEC. 3. INTERNET EDUCATION AND TRAINING able year does not exceed the amount of the
GRANT PROGRAM. mit to Congress a report that—
credit determined under subsection (a) of
(a) DEFINITIONS.—In this section: (A) summarizes the data from the reports
section 36C, as determined based on applica-
(1) COMMISSION.—The term ‘‘Commission’’ that the Commission has received under
tion of subsection (c) of such section using
means the Federal Communications Com- paragraph (1); and
the adjusted gross income of the taxpayer for
mission. (B) assesses the effectiveness and cost-ef-
the most recent taxable year for which a re-
(2) COMMUNITY-BASED ORGANIZATION.—The fectiveness of the grant program established
turn has been filed during any of the pre-
term ‘‘community-based organization’’ has under this section.
ceding 3 taxable years.
the meaning given the term in section 3 of (f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(2) NON-FILERS.—In the case of any tax-
the Workforce Innovation and Opportunity There are authorized to be appropriated such
payer who has not filed a return during the
Act (29 U.S.C. 3102). sums as may be necessary to carry out this
period described in paragraph (1), such para-
(3) DIGITAL LITERACY.—The term ‘‘digital section.
graph shall be applied without regard to sub-
literacy’’ means the skills associated with SEC. 4. CREDIT FOR COMPUTER COSTS.
section (c) of section 36C.’’.
using technology. (a) IN GENERAL.—Subpart C of part IV of (2) RECONCILIATION OF CREDIT AND ADVANCE
(4) ELIGIBLE ENTITY.—The term ‘‘eligible subchapter A of chapter 1 of the Internal CREDIT.—Section 36C of such Code, as added
entity’’ means— Revenue Code of 1986 is amended by inserting by subsection (a), is amended—
(A) a nonprofit organization; after section 36B the following new section: (A) by redesignating subsection (e) as sub-
(B) a not-for-profit social welfare organiza- ‘‘SEC. 36C. CREDIT FOR COMPUTER COSTS. section (f); and
tion; or ‘‘(a) IN GENERAL.—In the case of an eligible (B) by inserting after subsection (d) the
(C) a community-based organization. individual, there shall be allowed as a credit following new subsection:
(5) FEDERAL POVERTY GUIDELINES.—The against the tax imposed by this subtitle for ‘‘(e) RECONCILIATION OF CREDIT AND AD-
term ‘‘Federal Poverty Guidelines’’ means the taxable year an amount equal the lesser VANCE CREDIT.—
the Federal Poverty Guidelines used for pur- of— ‘‘(1) IN GENERAL.—The amount of the credit
poses of section 54.409(a)(1) of title 47, Code of ‘‘(1) the amount of qualified computer allowed under this section for any taxable
Federal Regulations (or any successor regu- costs paid or incurred by the taxpayer during year shall be reduced (but not below zero) by
lation). such taxable year, the aggregate amount of any advance pay-
(6) HOUSEHOLD.—The term ‘‘household’’ has ‘‘(2) $2,000 ($4,000 in the case of a joint re- ments of such credit under section 7527B for
the meaning given the term in section 54.400 turn), or such taxable year.
of title 47, Code of Federal Regulations (or ‘‘(3) an amount equal to $10,000 ($20,000 in ‘‘(2) EXCESS ADVANCE PAYMENTS.—
any successor regulation). the case of a joint return) minus the sum of ‘‘(A) IN GENERAL.—If the aggregate amount
(7) INCOME.—The term ‘‘income’’ has the any credits allowed to the taxpayer under of advance payments under section 7527B for
meaning given the term in section 54.400 of this section for any preceding taxable year. the taxable year exceeds the amount of the
dlhill on DSK120RN23PROD with SENATE
title 47, Code of Federal Regulations (or any ‘‘(b) QUALIFIED COMPUTER COSTS.—For pur- credit allowed under this section for such
successor regulation). poses of this section, the term ‘qualified taxable year (determined without regard to
(8) NONPROFIT ORGANIZATION.—The term computer costs’ means amounts paid or in- paragraph (1)), the tax imposed by this chap-
‘‘nonprofit organization’’ means an organiza- curred for computers, printers, and other ter for such taxable year shall be increased
tion described in section 501(c)(3) of the In- education-related technology. by the amount of such excess.
ternal Revenue Code of 1986 and exempt from ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS ‘‘(B) RETURN REQUIREMENT.—If the tax im-
tax under section 501(a) of such Code. INCOME.—With respect to any taxable year, posed by this chapter for the taxable year is
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S1830 CONGRESSIONAL RECORD — SENATE March 25, 2021
increased under this paragraph, the taxpayer section 384A of the Consolidated Farm and business investment company under para-
shall, notwithstanding section 6012, be re- Rural Development Act (7 U.S.C. 2009cc); graph (1)—
quired to file a return with respect to the (5) the term ‘‘Secretary’’ means the Sec- ‘‘(A) the amount of the leverage made
taxes imposed under this subtitle.’’. retary of Agriculture; and available shall be subject to the limitations
(c) CONFORMING AMENDMENTS.— (6) the term ‘‘working group’’ means the under section 303(b)(2);
(1) Section 6211(b)(4)(A) of the Internal interagency working group established under ‘‘(B) for the purposes of subparagraph (A),
Revenue Code of 1986 is amended— section 4(a). any leverage granted by the Secretary to the
(A) by inserting ‘‘36C,’’ after ‘‘36B,’’, and SEC. 3. RURAL BUSINESS INVESTMENT. rural business investment company under
(B) by striking ‘‘and 7527A’’ and inserting (a) IN GENERAL.—The Small Business In- the program carried out under subtitle H of
‘‘7527A, and 7527B’’. vestment Act of 1958 (15 U.S.C. 661 et seq.) is the Consolidated Farm and Rural Develop-
(2) Paragraph (2) of section 1324(b) of title amended— ment Act (7 U.S.C. 2009cc et seq.) shall be in-
31, United States Code, is amended— (1) in part A of title III (15 U.S.C. 681 et cluded when determining the maximum
(A) by inserting ‘‘36C,’’ after ‘‘36B,’’, and seq.)— amount of outstanding leverage that may be
(B) by striking ‘‘or 7527A’’ and inserting (A) in section 303(b)(2) (15 U.S.C. 683(b)(2)), made available to the rural business invest-
‘‘7527A, or 7527B’’. by adding at the end the following: ment company under this section; and
(3) The table of sections for subpart C of ‘‘(E) INVESTMENTS IN RURAL AREAS.— ‘‘(C) the Administration, in consultation
part IV of subchapter A of chapter 1 of the ‘‘(i) DEFINITION.—In this subparagraph, the with the Secretary, shall—
Internal Revenue Code of 1986 is amended by term ‘rural area’ has the meaning given the ‘‘(i) impose such terms and conditions with
inserting after the item relating to section term in section 343(a) of the Consolidated respect to the leverage that the Administra-
36B the following new item: Farm and Rural Development Act (7 U.S.C. tion and the Secretary determine to be ap-
‘‘Sec. 36C. Credit for Computer Costs.’’. 1991(a)). propriate; and
(4) The table of sections for chapter 77 of ‘‘(ii) ADDITIONAL LEVERAGE.— ‘‘(ii) in developing the terms and condi-
such Code is amended by inserting after the ‘‘(I) IN GENERAL.—In calculating the out- tions described in clause (i)—
item relating to section 7527A the following standing leverage of a company for the pur- ‘‘(I) ensure, to the maximum extent prac-
new item: poses of subparagraph (A), the Administrator ticable, that those terms and conditions are
shall not include the amount of the cost not—
‘‘Sec. 7527B. Advance payment of credit for
basis of any equity investment made by the ‘‘(aa) duplicative of other requirements ap-
computer costs.’’.
company in a smaller enterprise located in a plicable to rural business investment compa-
(d) PUBLIC AWARENESS CAMPAIGN.—The nies; or
Secretary of the Treasury (or the Secretary’s rural area if the Administrator, after per-
forming an appropriate evaluation, deter- ‘‘(bb) otherwise unnecessary; and
delegate) shall conduct a public awareness ‘‘(II) take into consideration how rural
campaign, in coordination with the Commis- mines that such an exclusion will not result
in additional risk to the Administration or business investment companies that have
sioner of Social Security, the Secretary of been issued a license by the Secretary under
Veterans Affairs, and the heads of other rel- the Federal Government.
‘‘(II) LIMITATION.—The amount excluded section 384D(e) of the Consolidated Farm and
evant Federal and State agencies, to provide Rural Development Act (7 U.S.C. 2009cc–3(e))
information to the public (including non- under subclause (I) for a company shall not
exceed $25,000,000 in any fiscal year.’’; before the date of enactment of this section
English speaking populations) regarding the could qualify to receive that leverage.
availability of the credit allowed under sec- (B) in section 308(g)(3) (15 U.S.C. 687(g)(3))—
(i) in subparagraph (D), by striking ‘‘and’’ ‘‘(c) INTERNAL EVALUATION.—Not later than
tion 36C of the Internal Revenue Code of 1986 June 1 of each year, the Administration shall
and advance payment of such credit pursu- at the end;
(ii) in subparagraph (E), by striking the pe- perform an evaluation to determine whether
ant to section 7527B of such Code (as added the Administration will be unable to expend
by this section). riod at the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following: all of the covered amounts for the fiscal year
(e) EFFECTIVE DATE.—The amendments
‘‘(F) the total number of rural business in- in which the evaluation is made.’’; and
made by this section shall apply to costs in-
vestment companies, as defined in section (2) in section 503(g) (15 U.S.C. 697(g)), by in-
curred in taxable years beginning after De-
321(a), that received leverage from the Ad- serting ‘‘, and with respect to leverage grant-
cember 31, 2020.
ministration under section 321 in the pre- ed under section 321,’’ after ‘‘retained by the
--- Administration under this section’’.
By Mr. THUNE (for himself, Mrs. vious year, including the amount of that le-
verage that each such rural business invest- (b) SBA REQUIREMENTS.—
SHAHEEN, and Mrs. FISCHER): (1) ESTABLISHMENT OF APPLICATION PROC-
S. 1058. A bill to amend the Small ment company received.’’;
(C) in section 310(d)(1)(A) (15 U.S.C. ESS.—Not later than 180 days after the date
Business Investment Act of 1958 to pro- 687b(d)(1)(A)), by inserting ‘‘(including each of enactment of this Act, the Administrator,
vide opportunities to rural business in- rural business investment company that re- in consultation with the Secretary, shall es-
vestment companies, and for other pur- ceives leverage under section 321)’’ after tablish a process through which a rural busi-
poses; to the Committee on Small Busi- ‘‘Each licensee’’; and ness investment company may apply for le-
ness and Entrepreneurship. (D) by adding at the end the following: verage granted under section 321 of the
Mr. THUNE. Mr. President, I ask ‘‘SEC. 321. RURAL BUSINESS INVESTMENT COM- Small Business Investment Act of 1958, as
unanimous consent that the text of the PANIES. added by subsection (a) of this section.
‘‘(a) DEFINITIONS.—In this section— (2) UPDATE TO RULES.—Not later than 180
bill be printed in the RECORD.
‘‘(1) the term ‘covered amounts’ means, days after the date of enactment of this Act,
There being no objection, the text of and in addition to the process established
the bill was ordered to be printed in with respect to a fiscal year, the amounts
made available for that fiscal year to grant under paragraph (1), the Administrator shall
the RECORD, as follows: make any updates to the rules of the Admin-
leverage under this part to small business in-
S. 1058 vestment companies; istration that are necessary as a result of
Be it enacted by the Senate and House of Rep- ‘‘(2) the term ‘rural business investment this section and the amendments made by
resentatives of the United States of America in company’ has the meaning given the term in this section.
Congress assembled, section 384A of the Consolidated Farm and SEC. 4. INTERAGENCY WORKING GROUP.
SECTION 1. SHORT TITLE. Rural Development Act (7 U.S.C. 2009cc); and (a) ESTABLISHMENT.—Not later than 180
This Act may be cited as the ‘‘Rural Cap- ‘‘(3) the term ‘Secretary’ means the Sec- days after the date of enactment of this Act,
ital Access Act’’. retary of Agriculture. the Administrator, in consultation with the
SEC. 2. DEFINITIONS. ‘‘(b) LEVERAGE.— Secretary, shall establish an interagency
In this Act— ‘‘(1) IN GENERAL.—Subject to paragraph (2), working group to develop—
(1) the term ‘‘Administration’’ means the if the Administration determines under sub- (1) administrative recommendations for
Small Business Administration; section (c) that the Administration will be improving the coordination between the Ad-
(2) the term ‘‘Administrator’’ means the unable to expend all of the covered amounts ministration and the Department of Agri-
Administrator of the Administration; for a particular fiscal year, the Administra- culture in administering the program carried
(3) the term ‘‘appropriate committees of tion shall expend those unexpended covered out under part A of title III of the Small
Congress’’ means— amounts for that fiscal year to grant lever- Business Investment Act of 1958 (15 U.S.C. 681
(A) the Committee on Small Business and age to rural business investment companies et seq.) and the program carried out under
Entrepreneurship of the Senate; for the purposes described in this part if, subtitle H of the Consolidated Farm and
(B) the Committee on Agriculture, Nutri- with respect to that fiscal year, the Sec- Rural Development Act (7 U.S.C. 2009cc et
dlhill on DSK120RN23PROD with SENATE
tion, and Forestry of the Senate; retary determines that the Secretary is un- seq.), respectively; and
(C) the Committee on Small Business of able to grant leverage to rural business in- (2) legislative recommendations for im-
the House of Representatives; and vestment companies in a manner that is suf- proving capital access and investment in
(D) the Committee on Agriculture of the ficient to satisfy the leverage needs of those rural areas of the United States through the
House of Representatives; rural business investment companies. programs described in paragraph (1), includ-
(4) the term ‘‘rural business investment ‘‘(2) CONDITIONS.—With respect to leverage ing by increasing the number of licensees
company’’ has the meaning given the term in granted by the Administration to a rural under those programs.
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March 25, 2021 CONGRESSIONAL RECORD — SENATE S1831
(b) MEMBERS.— erally says that the Fed will be tasked with ern Monetary Theory Isn’t Helping’’ that
(1) IN GENERAL.—The Administrator, in keeping interest rates low by making the ‘‘MMT’s lack of interest in the relationship
consultation with the Secretary, shall ap- Federal government, through the Fed, the between money and the real economy causes
point to the working group such representa- consistent (if not the primary) purchaser of adherents to overlook the connection be-
tives from the Administration and the De- bonds. This is a different mission for the Fed tween taxing, spending, and the allocation of
partment of Agriculture, and such non-Fed- than it has now. The Fed would no longer be resources’’;
eral industry stakeholders, as the Adminis- tasked with intervening to keep prices stable Whereas, on January 28, 2019, in a question
trator, in consultation with the Secretary, because it would be too busy buying bonds. and answer session with James Pethokoukis
determines to be appropriate. Bond purchases by the Fed generally in- of AEIdeas, Stan Veuger, visiting lecturer of
(2) COMPENSATION.—No member of the crease inflation. Thus, the Fed would no economics at Harvard University, stated
working group may receive any compensa- longer be an independent manager of the that, ‘‘if you take MMTers at their word in
tion by reason of the service of the member economy.’’; and the most aggressive sense, then what you
on the working group. (3) MMT ‘‘destroys foreign confidence in would see is a massive debt finance expan-
(c) REPORT TO CONGRESS.—Not later than America’s finances. . . . Holders of U.S. debt sion of the welfare state with Medicare for
180 days after the date on which the working (in the form of treasuries) expect stability in All, with a jobs guarantee, and with concerns
group is established under subsection (a), the value, a return from their investments, and about inflation being deferred entirely to
working group shall submit to the appro- the ability to be paid back. MMT blows that elected officials who would have to raise
priate committees of Congress a report that up. Bondholders would no longer be assured taxes to keep it under control. I think in a
contains— a return on their investment, and it will no scenario like that, we do run a risk of going
(1) the administrative actions that the Ad- longer be as desirable for our creditors to back to the 1970s pre-Volker style macro-
ministration and the Department of Agri- hold U.S. debt.’’; economics and I think that would be bad.’’;
culture should take to make the improve- Whereas, on May 17, 2019, Joel Griffith, a Whereas, on January 17, 2019, Michael
ments described in paragraph (1) of that sub- research fellow at The Heritage Foundation, Strain, Director of Economic Policy Studies
section; and wrote in an article entitled ‘‘The Absurdity at AEI, wrote in an opinion article in
(2) the legislative recommendations de- of Modern Monetary Theory’’ the following: Bloomberg entitled ‘‘Modern Monetary The-
scribed in paragraph (2) of that subsection. ‘‘There is no free lunch. We will pay either ory Is a Joke That’s Not Funny’’ that ‘‘if
(d) TERMINATION.—The working group shall through the visible burden of direct tax- you thought from the start that the whole
terminate upon submission of the report re- ation, the hidden tax of inflation, or higher idea sounded like lunacy, you were right,
quired under subsection (c). borrowing costs (as the government com- even if it’s possible to admit some sliver of
(e) IMPLEMENTATION OF RECOMMENDA- petes with businesses for available capital). sympathy for it’’;
TIONS.—Not later than 90 days after the date Such realities might not make for a great Whereas Paul Krugman, winner of the 2008
on which the working group submits the re- stump speech, but facing them squarely now Nobel Memorial Prize in Economic
port required under subsection (c), the Ad- can save us a lot of headaches down the Sciences—
ministration and the Department of Agri- road.’’; (1) on March 1, 2019, posted on Twitter a
culture shall take the administrative actions Whereas, on March 25, 2019, Janet Yellen, point-by-point rebuttal to an article entitled
described in paragraph (1) of that subsection. former Chair of the Board of Governors of ‘‘The Deficit Myth: Modern Monetary The-
(f) INAPPLICABILITY OF FEDERAL ADVISORY the Federal Reserve System, disagreed with ory and the Birth of the People’s Economy’’
COMMITTEE ACT.—The Federal Advisory those individuals promoting MMT who sug- by Stephanie Kelton, which concluded with
Committee Act (5 U.S.C. App.) shall not gest that ‘‘you don’t have to worry about in- Krugman tweeting that—
apply with respect to the working group or terest-rate payments because the central (A) ‘‘Sorry, but this is just a mess.
the activities of the working group. bank can buy the debt’’, stating: ‘‘That’s a Kelton’s response misrepresents standard
very wrong-minded theory because that’s macroeconomics, my own views, the ef-
f
how you get hyper-inflation.’’; fects of interest rates, and the process of
SUBMITTED RESOLUTIONS Whereas former Secretary of the Treasury money creation.’’;
and Director of the National Economic Coun- (B) ‘‘Otherwise I guess it’s all fine.’’; and
--- cil Lawrence H. Summers— (C) ‘‘See what I mean about Calvinball?’’;
SENATE RESOLUTION 136—RECOG- (1) on March 5, 2019, wrote in an opinion and
piece in the Washington Post entitled ‘‘The (2) on February 12, 2019, wrote in an opin-
NIZING THE DUTY OF THE SEN-
left’s embrace of modern monetary theory is ion piece in the New York Times the fol-
ATE TO ABANDON MODERN MON- lowing: ‘‘And debt can’t go to infinity—it
a recipe for disaster’’ that, ‘‘contrary to the
ETARY THEORY AND RECOG- claims of modern monetary theorists, it is can’t exceed total wealth, and in fact as debt
NIZING THAT THE ACCEPTANCE not true that governments can simply create gets ever higher people will demand ever-in-
OF MODERN MONETARY THEORY new money to pay all liabilities coming due creasing returns to hold it. So at some point
WOULD LEAD TO HIGHER DEFI- and avoid default. As the experience of any the government would be forced to run large
CITS AND HIGHER INFLATION number of emerging markets demonstrates, enough primary (non-interest) surpluses to
past a certain point, this approach leads to limit debt growth.’’;
Mr. BRAUN (for himself, Ms. ERNST, hyperinflation.’’; and Whereas, on November 15, 2019, Jason
and Mr. TILLIS) submitted the fol- (2) on March 4, 2019, said that— Fichtner and Kody Carmody of the Bipar-
lowing resolution; which was referred (A) MMT is fallacious at multiple levels; tisan Policy Center wrote in a report enti-
to the Committee on Banking, Hous- (B) past a certain point, MMT leads to tled ‘‘Does the National Debt Matter? A
ing, and Urban Affairs: hyperinflation; and Look at Modern Monetary Theory, or MMT’’
(C) a policy of relying on a central bank that—
S. RES. 136 to finance government deficits, as advo- (1) ‘‘deficits do have a role to play in public
Whereas noted economists from across the cated by MMT theorists, would likely re- finance’’ but, ‘‘as interest rates rise, some
political spectrum have warned that the im- sult in a collapsing exchange rate; private-sector projects no longer make fi-
plementation of Modern Monetary Theory Whereas, on February 26, 2019, Jerome nancial sense and are forgone. Crowding out
(referred to in this preamble as ‘‘MMT’’) Powell, Chair of the Board of Governors of private investment ultimately leads to a
would pose a clear danger to the economy of the Federal Reserve System, stated: ‘‘The misallocation of resources away from their
the United States; idea that deficits don’t matter for countries most economically productive use, ham-
Whereas, in July 2019, Zach Moller, deputy that can borrow in their own currency I pering economic growth. . . . The more we
director of the economic program at Third think is just wrong.’’; borrow today, the more expensive it will be
Way, wrote in a memo the problems associ- Whereas, on February 24, 2019, Matt to continue borrowing in the future. At some
ated with MMT, including that— Bruenig, founder of the People’s Policy point, debt has to be paid back. There is no
(1) ‘‘Under an MMT regime, policymakers Project, wrote in an article entitled ‘‘What’s free lunch.’’;
would need to respond to inflation by doing the Point of Modern Monetary Theory’’ that (2) ‘‘MMT underestimates other downside
two of the most unpopular things ever: rais- ‘‘the real point of MMT seems to be to de- risks of debt’’ and ‘‘MMT advocates note
ing taxes and cutting spending. . . . We can ploy misleading rhetoric with the goal of de- that inflation is the only restraint on debt-
easily imagine divided government’s paral- ceiving people about the necessity of taxes in financed spending. This leads some to con-
ysis to fight inflation: Republicans refusing a social democratic system. If successful, clude that under the theory of MMT, debt is
to raise taxes and Democrats refusing to cut these word games might loosen up fiscal and not a concern, as governments can simply
spending.’’; monetary policy a bit in the short term. But print more money to pay off debt. Such a
dlhill on DSK120RN23PROD with SENATE
(2) MMT ‘‘ends our central non-political insofar as getting government spending per- theory is roundly rejected by academic
economic manager’’ and ‘‘markets trust the manently up to 50 percent of GDP really will economists on both sides of the political
Federal Reserve and, as a result, businesses require substantially more taxes in the me- spectrum.’’;
and individuals have well-anchored inflation dium and long term.’’; (3) printing money has costs, including a
expectations. . . . To solve the challenges Whereas, on February 21, 2019, Doug ‘‘loss of credibility for the government’’, an
higher interest rates create, including a pos- Henwood, a journalist and economic analyst, ‘‘inflation risk’’, and exacerbating ‘‘exchange
sible interest financing spiral, MMT gen- wrote in an article in Jacobin entitled ‘‘Mod- rates’’;
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