[Congressional Record Volume 163, Number 58 (Tuesday, April 4, 2017)]
[Senate]
[Pages S2365-S2368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. PAUL (for himself and Mr. Booker):
  S. 827. A bill to provide for the sealing or expungement of records 
relating to Federal nonviolent criminal offenses, and for other 
purposes; to the Committee on the Judiciary.
  Mr. BOOKER. Mr. President, I rise today to introduce the Record 
Expungement Designed to Enhance Employment Act, or REDEEM Act. This 
bill would take meaningful steps towards allowing returning citizens to 
obtain employment. As President George W. Bush said in his 2004 State 
of the Union Address, ``America is the land of the second chance, and 
when the gates of the prison open, the path ahead should lead to a 
better life.'' The REDEEM Act would help provide people with that 
second chance after their incarceration. I thank Senator Paul for his 
tireless work with me on the REDEEM Act.
  In the last 30 years, the number of incarcerated people in the United 
States has drastically increased. Since 1980, the federal prison 
population alone has grown by nearly 800 percent and American taxpayers 
are left paying for the bill. In fiscal year 2014, the Bureau of 
Prisons accounted for a quarter of the Department of Justice's budget 
at $6.9 billion. Our bloated criminal justice system wastes priceless 
human potential and fails to make our communities safer. It also fails 
to adequately prepare the over 600,000 people each year who are 
released from prison for their return to the community.
  A high number of Americans living in our communities have criminal 
convictions. About 70 million people in the United States have been 
arrested or convicted of a crime. That means almost one in three adults 
in the United States has a criminal record. In fact, in our Nation's 
Capital alone, an estimated 1 in 10 DC residents has a criminal record.
  The American Bar Association has identified over 44,500 ``collateral 
consequences''--or legal constraints--placed on what individuals with 
records can do once they are released from prison. Of those, up to 70 
percent are related to employment.
  Today, a criminal conviction is a modern-day scarlet letter that, 
because of the so-called War on Drugs, has had a disproportionate 
impact on communities of color. For example, African-American men with 
a conviction are 40 percent less likely to receive an interview. And 
the likelihood that Latino men with a record will receive an interview 
or be offered a job is 18 percent smaller than the likelihood for white 
men.
  To increase public safety, reduce recidivism, and protect the future 
of our children, I am proud to re-introduce the REDEEM Act. This bill 
would incentivize states to raise the age of original jurisdiction for 
criminal courts to 18 years old. Trying juveniles who have committed 
low-level, nonviolent crimes as adults is counterproductive. They do 
not emerge from prison reformed and ready to reintegrate into school, 
nor will the criminal record they have help them obtain a job.
  This change in law is important for protecting our children's 
futures. For kids in the dozen states that treat 17- and even 16-year-
olds as adults, no longer would getting into a school yard scuffle 
result in an adult record that could follow an individual for the rest 
of their life, restrict access to a college degree, limit job 
prospects, or lead to likely recidivism.
  The bill would enhance Federal juvenile record confidentiality and 
provide for automatic expungement of records for kids who commit 
nonviolent crimes before they turn 15 and automatic sealing of records 
for those who commit nonviolent crimes after they turn 15.
  The bill would ban the very cruel and counterproductive practice of 
juvenile solitary confinement that can have immediate and long-term 
detrimental effects on a youth's mental and physical health. In fact, 
the majority of suicides by juveniles in prisons occur when young 
people are placed in solitary confinement. Other nations even consider 
it torture.
  The REDEEM Act would, for adults, offer the first broad-based federal 
path to the sealing of criminal records. A person who commits a 
nonviolent crime will be able to petition a court for sealing of the 
record, so their future job prospects are not harmed.
  And the bill would enhance the accuracy of criminal justice records. 
Employers requesting a background check from the FBI will be provided 
with only relevant and accurate information thanks to a provision that 
will protect job applicants by improving the quality of the Bureau's 
background check.
  Think about this: 17 million background checks were done by the FBI 
in 2013, many of them for private providers, and upward of half of them 
were

[[Page S2366]]

inaccurate or incomplete, often causing people to lose a job, miss an 
economic opportunity, and be trapped with few economic options other 
than to reoffend in order to feed a child or pay a debt.
  The bill helps guard against gender disparities in federal juvenile 
delinquency proceedings. Additionally, it would ensure that programming 
and services are distributed evenly among male and female juveniles. 
Oftentimes, juvenile females receive less programming and resources 
than males because of the smaller size of the female prison population. 
This is wrong and this bill take a step forward to fix the problem.
  Finally, the REDEEM Act would lift a ban on two critical Federal 
benefits: the Supplemental Nutritional Assistance Program and Temporary 
Assistance for Needy Families. The intent of those Federal programs is 
to keep low-income families from going hungry. Yet those convicted of 
drug felonies lose the right to obtain such benefits. Once an 
individual has paid his or her debt to society, a path to the 
reinstatement of those benefits should be available.
  I am proud to introduce the REDEEM Act today. Again, I thank Senator 
Paul for partnering with me on this bill. I urge this bill's speedy 
passage.
                                 ______
                                 
      By Mr. WYDEN (for himself, Ms. Murkowski, Ms. Warren, and Mr. 
        Markey):
  S. 836. A bill to amend the Federal Credit Union Act to exclude a 
loan secured by a non-owner occupied 1- to 4-family dwelling from the 
definition of a member business loan, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. WYDEN. Mr. President, most of us have heard the metaphor that 
small businesses are the engines that power our economy. What we don't 
hear people talk about as much is the fuel that feeds the engines: 
capital. Without capital, entrepreneurs cannot see their ideas to 
fruition, successful business owners cannot expand to meet the needs of 
the market, and eager job seekers must take their skills elsewhere. 
Without capital, Main Street falters, and Wall Street keeps the 
advantage.
  Today, more than 9 years after the start of the great recession and 
many policy reforms later, access to capital remains a challenge. This 
capital drought hampers small business growth, economic development, 
and job creation in Oregon and across the country. Despite this, 
government regulation continues to tie the hands of many willing small 
businesses lenders--namely, credit unions. According to some estimates, 
credit unions could lend an additional $11 billion to small businesses 
if Congress loosened restraints on credit union business lending.
  With this in mind, I am pleased to introduce today the Credit Union 
Residential Loan Parity Act with Senator Murkowski. This bill would 
increase access to capital by exempting certain loans from the member 
business lending cap imposed on credit unions. Currently, loans made 
for one- to four- person, non-owner-occupied housing are treated as 
business loans when they are made by credit unions. As such, these 
types of loans count against a credit union's business lending cap, 
effectively limiting a credit union's ability to provide loans to small 
businesses. Our legislation would address this issue by allowing credit 
unions to treat these types of loans as residential loans--the same 
treatment these kinds of loans receive when made by other financial 
institutions. In effect, the bill would exempt residential loans from 
the business lending cap. This exemption would increase access to 
capital for small businesses, which in turn would create jobs and grow 
our local economies. In addition to generally increasing credit union 
lending, our legislation would directly free up capital for small 
businesses that make much needed investments in rental housing.
  I am hopeful that this legislation will be received by colleagues for 
what it is--a simple step to help ensure America's small businesses 
have access to the fuel they need to power our economy.
  It is my hope that the Senate will pass this legislation swiftly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 836

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Credit Union Residential 
     Loan Parity Act''.

     SEC. 2. TREATMENT OF A NON-OWNER OCCUPIED 1- TO 4-FAMILY 
                   DWELLING.

       (a) Removal From Member Business Loan Limitation.--Section 
     107A(c)(1)(B)(i) of the Federal Credit Union Act (12 U.S.C. 
     1757a(c)(1)(B)(i)) is amended by striking ``that is the 
     primary residence of a member''.
       (b) Rule of Construction.--Nothing in this Act or the 
     amendment made by this Act shall preclude the National Credit 
     Union Administration from treating an extension of credit 
     that is fully secured by a lien on a 1- to 4-family dwelling 
     that is not the primary residence of a member as a member 
     business loan for purposes other than the member business 
     loan limitation requirements under section 107A of the 
     Federal Credit Union Act (12 U.S.C. 1757a).
                                 ______
                                 
      By Mr. BOOKER (for himself, Mr. Johnson, Ms. Baldwin, Mrs. Ernst, 
        Mr. Brown, and Mr. Portman):
  S. 842. A bill to prohibit Federal agencies and Federal contractors 
from requesting that an applicant for employment disclose criminal 
history record information before the applicant has received a 
conditional offer, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. BOOKER. Mr. President, I rise today to introduce the Fair Chance 
to Compete for Jobs Act of 2017, also known as the Fair Chance Act. 
This criminal justice reform bill is designed to help returning 
citizens successfully obtain jobs and reintegrate into society. As the 
nation's largest employer, it is time the Federal Government leads by 
example and delays the criminal history inquiry until later in the 
hiring process. I thank Senator Johnson for his leadership on the Fair 
Chance Act, and I deeply appreciate Senators Baldwin, Ernst, Brown, and 
Portman for joining the bill as original cosponsors.
  Everyone deserves the dignity of work and the opportunity for a 
second chance to earn a living. But far too many Americans who return 
home from behind bars have to disclose convictions on their initial 
employment application or initial job interview that often serve as 
insurmountable barriers to employment. This legislation would ensure 
that people with convictions--who have paid their debt to society and 
want to turn their lives around--have a fair chance to work.
  By encouraging Federal employers to focus on an individual's 
qualifications and merit and not solely on past mistakes, the Fair 
Chance Act would remove burdensome and unnecessary obstacles that 
prevent formerly incarcerated people from reaching their full potential 
and contributing to society. It would also help reduce recidivism, 
combat poverty, and prevent violence in our communities by helping 
people get back to work.
  Creating employment opportunities for our returning citizens benefits 
public safety. With little hope of obtaining a decent paying job, 
returning citizens are often left with few options but to return to a 
life of crime. A 2011 study in the Justice Quarterly concluded that the 
lack of employment was the single most negative determinant of 
recidivism. A report by the Bureau of Justice Statistics found that of 
the over 400,000 State prisoners released in 2005, 67.8 percent of them 
were rearrested within 3 years of their release, and 76.6 percent were 
rearrested within 5 years of their release.
  Creating employment opportunities for our returning citizens 
strengthens our economy. Poor job prospects for people with records 
reduced our Nation's gross domestic product in 2008 between $57 billion 
and $65 billion. With an increasingly competitive global economy and to 
maintain America's competitive advantage, we must promote employment of 
all Americans.
  Today, I introduce the Fair Chance Act, which would help eliminate 
barriers to employment for formerly incarcerated people and bring 
America closer to truly being a land of opportunity for all. It would 
preclude the federal government--including the executive, legislative, 
and judicial

[[Page S2367]]

branches--from requesting criminal history information from applicants 
until they reach the conditional offer stage.
  This bill strikes the right balance. It would allow qualified people 
with criminal records to get their foot in the door and be judged on 
their own merit. At the same time, the legislation would allow 
employers to know an individual's criminal history before the job 
applicant is hired.
  This bill would prohibit federal contractors from requesting criminal 
history information from candidates for positions within the scope of 
Federal contracts until a conditional job offer has been extended. 
Companies that do business with the Federal Government and receive 
Federal funds should espouse good hiring practices. The Fair Chance Act 
would permit Federal contractors to inquire about criminal history 
earlier in the hiring process if the job requires a candidate to access 
classified information.
  The bill includes exceptions for sensitive positions where criminal 
history inquiries are necessary earlier in the application process. 
Exceptions include positions involving classified information, 
sensitive national security duties, armed forces, and law enforcement 
jobs, and jobs where criminal history information is legally required.
  Finally, the Fair Chance Act would require the Bureau of Justice 
Statistics, in coordination with the U.S. Census Bureau, to report to 
Congress on the employment statistics of returning citizens. Currently, 
no comprehensive tracking of data on the employment histories of people 
with convictions exists. This provision would change that and allow us 
to better understand the scope of the problem people with convictions 
face when trying to find a job.
  I am proud to reintroduce the Fair Chance Act. I want to again thank 
the bill cosponsors and their leadership on this issue. I urge this 
legislation's speedy passage.
                                 ______
                                 
      By Ms. HASSAN:
  S. 848. A bill to amend the Higher Education Act of 1965 to encourage 
entrepreneurship by providing loan deferment and loan cancellation for 
founders and employees of small business startups, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Ms. HASSAN. Mr. President, I rise today to introduce my first bill in 
the U.S. Senate--a bill to help relieve the burden of student debt for 
young entrepreneurs from New Hampshire and the entire country.
  Most of us have seen personally how heavily the burden of student 
loan debt weighs on students and families across New Hampshire. Less 
visible, but no less important, is how student loan debt is weighing 
down our economy--stifling innovation and job creation.
  Student loan debt is preventing the next generation of entrepreneurs 
and innovators from opening their own businesses. A New York Times 
report highlighted that the percentage of new entrepreneurs between 20-
34 years old fell to 25 percent in 2014, down from almost 35 percent in 
1996. And Gallup found that 19 percent of graduates with student loan 
debt say they have delayed starting a business because of it.
  It is time to once again unleash the entrepreneurial potential of our 
young people into creating the jobs of the future. That is why this 
week I introduced the Reigniting Opportunity for Innovators, ROI, Act, 
the first bill I am writing as a U.S. Senator, which would help provide 
the relief necessary for young entrepreneurs to start up and grow 
innovative small businesses.
  The ROI Act will allow eligible founders and full-time employees of 
certified small business to defer their Federal student loan payments 
and interest accrual for up to 3 years while launching a startup. This 
will help give graduates the financial stability they need to take the 
risk of starting a business that can create good-paying jobs.
  Additionally, this legislation provides an additional incentive for 
startup companies to move off the beaten path to help revitalize 
struggling communities. If the startup is located in an economically 
distressed area, founders and employees will be eligible for 
cancellation of up to $20,000 in student loans.
  The ROI Act is an important step that we can take now to help young 
entrepreneurs and lay the foundation for a new generation of economic 
growth.
  New businesses are historically the top job creators in our country, 
and small businesses are the driving force of New Hampshire's economy. 
But to get the education they need to compete for jobs in the 21st 
century economy, students are taking on more debt than ever before. In 
2015, college graduates left school with an average of $30,000 of 
student loan debt, and New Hampshire students had the highest average 
student debt in the country.
  At a roundtable discussion at Keene State College, I heard from 
students about the challenges posed by their student loan debt. One 
young woman told me that she hoped to start her own business but that 
she would likely have to put off that goal for another 10 years because 
of her student loan debt.
  Any entrepreneur will tell you that getting a small business off the 
ground is expensive. These costs, mixed with student loan debt, make it 
even more daunting for young entrepreneurs to consider taking the leap 
of starting a new business. Student debt decreases the cash flow of 
potential entrepreneurs, it hurts their ability to build equity, and it 
can negatively affect credit scores and their ability to secure 
financing.
  With the deck too often stacked against them, we need to be doing 
everything we can to support young entrepreneurs looking to start the 
innovative businesses that will drive job-creation and move our economy 
forward.
  The ROI Act would work to drive our 21st century economy, but we know 
that we have more work to do to bring down the costs of higher 
education and ensure that New Hampshire students, families, and 
innovative businesses have the support they need. In addition to 
working to pass this commonsense legislation, I will continue to focus 
on expanding Pell grants, lowering interest rates for student loans and 
allowing students to refinance, and increasing apprenticeship and job 
training opportunities.
  The ROI Act is an important step that we can take now to help young 
entrepreneurs and lay the foundation for a new generation of economic 
growth, and I look forward to working with members of both parties to 
pass this commonsense bill.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Cassidy):
  S. 850. A bill to amend the Higher Education Act of 1965 to establish 
fair and consistent eligibility requirements for graduate medical 
schools operating outside the United States and Canada; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 850

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Foreign Medical School 
     Accountability Fairness Act of 2017''.

     SEC. 2. PURPOSE.

       To establish consistent eligibility requirements for 
     graduate medical schools operating outside of the United 
     States and Canada in order to increase accountability and 
     protect American students and taxpayer dollars.

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) Three for-profit schools in the Caribbean receive 
     nearly \3/4\ of all Federal funding under title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that 
     goes to students enrolled at foreign graduate medical 
     schools, despite those three schools being exempt from 
     meeting the same eligibility requirements as the majority of 
     graduate medical schools located outside of the United States 
     and Canada.
       (2) The National Committee on Foreign Medical Education and 
     Accreditation and the Department of Education recommend that 
     all foreign graduate medical schools should be required to 
     meet the same eligibility requirements to participate in 
     Federal funding under title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1070 et seq.).
       (3) The attrition rate at United States medical schools 
     averaged 3.4 percent in 2014, while rates at for-profit 
     Caribbean medical schools have been known to reach 30 
     percent.
       (4) In 2016, residency match rates for foreign trained 
     graduates averaged 54 percent compared to 94 percent for 
     graduates of medical schools in the United States.
       (5) On average, students at for-profit medical schools 
     operating outside of the United

[[Page S2368]]

     States and Canada amass more student debt than those at 
     medical schools in the United States.

     SEC. 4. REPEAL GRANDFATHER PROVISIONS.

       Section 102(a)(2) of the Higher Education Act of 1965 (20 
     U.S.C. 1002(a)(2)) is amended--
       (1) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) in the case of a graduate medical school located 
     outside the United States--

       ``(I) at least 60 percent of those enrolled in, and at 
     least 60 percent of the graduates of, the graduate medical 
     school outside the United States were not persons described 
     in section 484(a)(5) in the year preceding the year for which 
     a student is seeking a loan under part D of title IV; and
       ``(II) at least 75 percent of the individuals who were 
     students or graduates of the graduate medical school outside 
     the United States or Canada (both nationals of the United 
     States and others) taking the examinations administered by 
     the Educational Commission for Foreign Medical Graduates 
     received a passing score in the year preceding the year for 
     which a student is seeking a loan under part D of title 
     IV;''; and

       (2) in subparagraph (B)(iii), by adding at the end the 
     following:

       ``(V) Expiration of authority.--The authority of a graduate 
     medical school described in subclause (I) to qualify for 
     participation in the loan programs under part D of title IV 
     pursuant to this clause shall expire beginning on the first 
     July 1 following the date of enactment of the Foreign Medical 
     School Accountability Fairness Act of 2017.''.

     SEC. 5. LOSS OF ELIGIBILITY.

       If a graduate medical school loses eligibility to 
     participate in the loan programs under part D of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) 
     due to the enactment of the amendments made by section 4, 
     then a student enrolled at such graduate medical school on or 
     before the date of enactment of this Act may, notwithstanding 
     such loss of eligibility, continue to be eligible to receive 
     a loan under such part D while attending such graduate 
     medical school in which the student was enrolled upon the 
     date of enactment of this Act, subject to the student 
     continuing to meet all applicable requirements for 
     satisfactory academic progress, until the earliest of--
       (1) withdrawal by the student from the graduate medical 
     school;
       (2) completion of the program of study by the student at 
     the graduate medical school; or
       (3) the fourth June 30 after such loss of eligibility.
                                 ______
                                 
      By Mr. CARDIN (for himself, Mr. Van Hollen, Mr. Leahy, Mr. 
        Blumenthal, Mrs. Gillibrand, Mr. Schatz, Mr. Carper, Mr. 
        Warner, Mr. Markey, Mr. Sanders, Mr. Udall, Ms. Hirono, Mrs. 
        Shaheen, Ms. Baldwin, Mr. Kaine, Mrs. Murray, and Mr. Brown):
  S. 861. A bill to provide for the compensation of Federal employees 
affected by lapses in appropriations; read the first time.

                                 S. 861

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Employee Fair 
     Treatment Act of 2017''.

     SEC. 2. COMPENSATION FOR FEDERAL EMPLOYEES AFFECTED BY A 
                   LAPSE IN APPROPRIATIONS.

       Section 1341 of title 31, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``An officer'' and 
     inserting ``Except as specified in this subchapter or any 
     other provision of law, an officer''; and
       (2) by adding at the end the following:
       ``(c)(1) In this subsection--
       ``(A) the term `covered lapse in appropriations' means any 
     lapse in appropriations that begins on or after April 28, 
     2017; and
       ``(B) the term `excepted employee' means an excepted 
     employee or an employee performing emergency work, as such 
     terms are defined by the Office of Personnel Management.
       ``(2) Each Federal employee furloughed as a result of a 
     covered lapse in appropriations shall be paid for the period 
     of the lapse in appropriations, and each excepted employee 
     who is required to perform work during a covered lapse in 
     appropriations shall be paid for such work, at the employee's 
     standard rate of pay, at the earliest date possible after the 
     lapse in appropriations ends, regardless of scheduled pay 
     dates.
       ``(3) During a covered lapse in appropriations, each 
     excepted employee who is required to perform work shall be 
     entitled to use leave under chapter 63 of title 5, or any 
     other applicable law governing the use of leave by the 
     excepted employee, for which compensation shall be paid at 
     the earliest date possible after the lapse in appropriations 
     ends, regardless of scheduled pay dates.''.

                          ____________________