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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.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-25-crec-2021-03-25-pt1-pgs1819-115141b1bd/, SHA-256 c523d3883bf8e271e174fc2099ba9b404f2a7edb0f8dd47064200c83c8af56a4.

Full text

                                             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




dlhill on DSK120RN23PROD with SENATE
                                               (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




dlhill on DSK120RN23PROD with SENATE
                                             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




dlhill on DSK120RN23PROD with SENATE
                                             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.




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                                             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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