[Congressional Record Volume 167, Number 56 (Thursday, March 25, 2021)]
[Senate]
[Pages S1819-S1831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. KAINE (for himself and Mr. Warner):
S. 1000. A bill to designate additions to the Rough Mountain
Wilderness and the Rich Hole Wilderness of the George Washington
National Forest, and for other purposes; to the Committee on
Agriculture, Nutrition, and Forestry.
Mr. KAINE. Mr. President, this bill authorizes additions to two
existing wilderness areas within the George Washington National Forest
in Bath County, VA. This text represents years of negotiation and
compromise among Virginia stakeholders who rely in different ways on
the GW Forest.
In many parts of America, Federal land management is controversial.
Some may view these lands as repositories for timber, energy, or
minerals. Others may enjoy using recreational trails through them.
Others may believe that they should be left to nature and not
disturbed. The truth, of course, is that all of these uses are
important; the conflict lies in agreeing on which lands are best suited
to which purposes.
In the lead-up to the latest multiyear GW Forest Management Plan,
various forest users came together to see if they could find reasonable
compromises that would avoid years of unproductive disagreement and
litigation. This group, known as the George Washington National Forest
Stakeholder Collaborative, succeeded. Through hard work and consensus,
the collaborative made joint recommendations to the U.S. Forest Service
for forest management and protection. Preservation advocates consented
to timber harvest and other active forest restoration and management in
certain areas, while forest products interests consented to wilderness
and light management in other areas. Following this fruitful
collaboration, the Forest Service convened the Lower Cowpasture
Restoration and Management Project, bringing together the collaborative
and other stakeholders to help develop management activities on this
particular part of the forest in Bath County. Again, this collaborative
succeeded, with everyone getting some of what they want and giving some
ground.
The collaborative has now come together to support the wilderness
additions in this bill, which designates 4,500 acres to be added to the
Rich Hole Wilderness Area and 1,000 acres to be added to the Rough
Mountain Wilderness Area. I am proud to partner on this with my
colleague Senator Mark Warner, and we are following in the path blazed
by Senator John Warner and Representative Rick Boucher, who led the
original Virginia Wilderness Act in 1984. I am further proud that this
bill passed unanimously in the Senate last Congress and as part of a
package passed the House this Congress. I hope it will cross the finish
line soon.
Taking care of our Nation's public lands is good for the economy and
good for the environment. Land disputes may often be contentious, but
this example proves they don't have to be. When everyone comes to the
table and invests the necessary time, we can find common ground. I hope
this will be a lesson for us in other tough policy challenges, and I
encourage the Senate to support this bill.
______
By Mr. DURBIN (for himself, Mr. Lee, Mr. Leahy, Mr. Whitehouse,
Mr. Wyden, Mr. Blumenthal, Ms. Baldwin, Mr. Booker, Ms. Warren,
Mr. Sanders, Mr. King, Mr. Kaine, and Mr. Wicker):
S. 1013. A bill to focus limited Federal resources on the most
serious offenders; to the Committee on the Judiciary.
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. 1013
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 ``Smarter Sentencing Act of
2021''.
SEC. 2. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.
(a) Controlled Substances Act.--The Controlled Substances
Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802)--
(A) by redesignating paragraph (58) as paragraph (59);
(B) by redesignating the second paragraph (57) (relating to
``serious drug felony'') as paragraph (58); and
(C) by adding at the end the following:
``(60) The term `courier' means a defendant whose role in
the offense was limited to transporting or storing drugs or
money.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the flush text following clause
(viii)--
(i) by striking ``10 years or more'' and inserting ``5
years or more''; and
(ii) by striking ``15 years'' and inserting ``10 years'';
and
(B) in subparagraph (B), in the flush text following clause
(viii)--
(i) by striking ``5 years'' and inserting ``2 years''; and
(ii) by striking ``not be less than 10 years'' and
inserting ``not be less than 5 years''.
(b) Controlled Substances Import and Export Act.--Section
1010(b) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)) is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting ``person,
other than a courier, commits''; and
(C) by inserting ``If a person who is a courier commits
such a violation, the person shall be sentenced to a term of
imprisonment of not less than 5 years and not more than life.
If a person who is a courier commits such a violation after a
prior conviction for a felony drug offense has become final,
the person shall be sentenced to a term of imprisonment of
not less than 10 years and not more than life.'' before
``Notwithstanding section 3583''; and
[[Page S1820]]
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting ``person,
other than a courier, commits''; and
(C) by inserting ``If a person who is a courier commits
such a violation, the person shall be sentenced to a term of
imprisonment of not less than 2 years and not more than life.
If a person who is a courier commits such a violation after a
prior conviction for a felony drug offense has become final,
the person shall be sentenced to a term of imprisonment of
not less than 5 years and not more than life.'' before
``Notwithstanding section 3583''.
(c) Applicability to Pending and Past Cases.--
(1) Definition.--In this subsection, the term ``covered
offense'' means a violation of a Federal criminal statute,
the statutory penalties for which were modified by this
section.
(2) Pending cases.--This section, and the amendments made
by this section, shall apply to any sentence imposed after
the date of enactment of this Act, regardless of when the
offense was committed.
(3) Past cases.--In the case of a defendant who, before the
date of enactment of this Act, was convicted or sentenced for
a covered offense, the sentencing court may, on motion of the
defendant, the Bureau of Prisons, the attorney for the
Government, or on its own motion, impose a reduced sentence
after considering the factors set forth in section 3553(a) of
title 18, United States Code.
SEC. 3. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Directive to Sentencing Commission.--Pursuant to its
authority under section 994(p) of title 28, United States
Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend, if appropriate,
its guidelines and its policy statements applicable to
persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of
the Controlled Substances Import and Export Act (21 U.S.C.
960) to ensure that the guidelines and policy statements are
consistent with the amendments made by section 2 of this Act.
(b) Considerations.--In carrying out this section, the
United States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing
Commission;
(5) the intent of Congress that penalties for violent,
repeat, and serious drug traffickers who present public
safety risks remain appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing
Commission shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable,
and in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note), as though the authority under that Act had
not expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary
to achieve consistency with other guideline provisions and
applicable law.
SEC. 4. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of enactment of this
Act, the Attorney General shall submit to the Committees on
the Judiciary of the House of Representatives and the Senate
a report outlining how the reduced expenditures on Federal
corrections and the cost savings resulting from this Act will
be used to help reduce overcrowding in the Federal Bureau of
Prisons, help increase proper investment in law enforcement
and crime prevention, and help reduce criminal recidivism,
thereby increasing the effectiveness of Federal criminal
justice spending.
SEC. 5. REPORT ON FEDERAL CRIMINAL OFFENSES.
(a) Definitions.--In this section--
(1) the term ``criminal regulatory offense'' means a
Federal regulation that is enforceable by a criminal penalty;
and
(2) the term ``criminal statutory offense'' means a
criminal offense under a Federal statute.
(b) Report on Criminal Statutory Offenses.--Not later than
1 year after the date of enactment of this Act, the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report, which shall include--
(1) a list of all criminal statutory offenses, including a
list of the elements for each criminal statutory offense; and
(2) for each criminal statutory offense listed under
paragraph (1)--
(A) the potential criminal penalty for the criminal
statutory offense;
(B) the number of prosecutions for the criminal statutory
offense brought by the Department of Justice each year for
the 15-year period preceding the date of enactment of this
Act; and
(C) the mens rea requirement for the criminal statutory
offense.
(c) Report on Criminal Regulatory Offenses.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the head of each Federal agency
described in paragraph (2) shall submit to the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report, which
shall include--
(A) a list of all criminal regulatory offenses enforceable
by the agency; and
(B) for each criminal regulatory offense listed under
subparagraph (A)--
(i) the potential criminal penalty for a violation of the
criminal regulatory offense;
(ii) the number of violations of the criminal regulatory
offense referred to the Department of Justice for prosecution
in each of the years during the 15-year period preceding the
date of enactment of this Act; and
(iii) the mens rea requirement for the criminal regulatory
offense.
(2) Agencies described.--The Federal agencies described in
this paragraph are the Department of Agriculture, the
Department of Commerce, the Department of Education, the
Department of Energy, the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Housing and Urban Development, the Department of the
Interior, the Department of Labor, the Department of
Transportation, the Department of the Treasury, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Equal Employment Opportunity Commission, the
Export-Import Bank of the United States, the Farm Credit
Administration, the Federal Communications Commission, the
Federal Deposit Insurance Corporation, the Federal Election
Commission, the Federal Labor Relations Authority, the
Federal Maritime Commission, the Federal Mine Safety and
Health Review Commission, the Federal Trade Commission, the
National Labor Relations Board, the National Transportation
Safety Board, the Nuclear Regulatory Commission, the
Occupational Safety and Health Review Commission, the Office
of Compliance, the Postal Regulatory Commission, the
Securities and Exchange Commission, the Securities Investor
Protection Corporation, the Environmental Protection Agency,
the Small Business Administration, the Federal Housing
Finance Agency, and the Office of Government Ethics.
(d) Index.--Not later than 2 years after the date of
enactment of this Act--
(1) the Attorney General shall establish a publically
accessible index of each criminal statutory offense listed in
the report required under subsection (b) and make the index
available and freely accessible on the website of the
Department of Justice; and
(2) the head of each agency described in subsection (c)(2)
shall establish a publically accessible index of each
criminal regulatory offense listed in the report required
under subsection (c)(1) and make the index available and
freely accessible on the website of the agency.
(e) Rule of Construction.--Nothing in this section shall be
construed to require or authorize appropriations.
______
By Mr. DURBIN (for himself and Mr. Grassley):
S. 1014. A bill to reform sentencing laws and correctional
institutions, and for other purposes; to the Committee on the
Judiciary.
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. 1014
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``First Step
Implementation Act of 2021''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SENTENCING REFORM
Sec. 101. Application of First Step Act.
Sec. 102. Modifying safety valve for drug offenses.
TITLE II--CORRECTIONS REFORM
Sec. 201. Parole for juveniles.
Sec. 202. Juvenile sealing and expungement.
Sec. 203. Ensuring accuracy of Federal criminal records.
TITLE I--SENTENCING REFORM
SEC. 101. APPLICATION OF FIRST STEP ACT.
(a) Definitions.--In this section--
(1) the term ``covered offense'' means--
(A) a violation of a Federal criminal statute, the
statutory penalties for which were modified by section 401 or
403 of the First Step Act of 2018 (Public Law 115-391; 132
Stat.
[[Page S1821]]
5220), that was committed on or before December 21, 2018; or
(B) a violation of a Federal criminal statute, the
statutory penalties for which are modified by subsection (b)
of this section; and
(2) the term ``serious violent felony'' has the meaning
given that term in section 102 of the Controlled Substances
Act (21 U.S.C. 802).
(b) Amendments.--
(1) In general.--
(A) Controlled substances act.--Section 401(b) of the
Controlled Substances Act (21 U.S.C. 841) is amended--
(i) in paragraph (1)--
(I) in subparagraph (C), by striking ``felony drug
offense'' and inserting ``serious drug felony or serious
violent felony'';
(II) in subparagraph (D), by striking ``felony drug
offense'' and inserting ``serious drug felony or serious
violent felony''; and
(III) in subparagraph (E)(ii), by striking ``felony drug
offense'' and inserting ``serious drug felony or serious
violent felony'';
(ii) in paragraph (2), by striking ``felony drug offense''
and inserting ``serious drug felony or serious violent
felony''; and
(iii) in paragraph (3), by striking ``felony drug offense''
and inserting ``serious drug felony or serious violent
felony''.
(B) Controlled substances import and export act.--Section
1010(b)(3) of the Controlled Substances Import and Export Act
(21 U.S.C. 960(b)(3)) is amended by striking ``felony drug
offense'' and inserting ``serious drug felony or serious
violent felony''.
(2) Pending cases.--This subsection, and the amendments
made by this subsection, shall apply to any sentence imposed
on or after the date of enactment of this Act, regardless of
when the offense was committed.
(c) Defendants Previously Sentenced.--A court that imposed
a sentence for a covered offense may, on motion of the
defendant, the Director of the Bureau of Prisons, the
attorney for the Government, or the court, impose a reduced
sentence as if sections 401 and 403 of the First Step Act of
2018 (Public Law 115-391; 132 Stat. 5220) and the amendments
made by subsection (b) of this section were in effect at the
time the covered offense was committed if, after considering
the factors set forth in section 3553(a) of title 18, United
States Code, the nature and seriousness of the danger to any
person, the community, or any crime victims, and the post-
sentencing conduct of the defendant, the sentencing court
finds a reduction is consistent with the amendments made by
section 401 or 403 of the First Step Act of 2018 (Public Law
115-391; 132 Stat. 5220) or with subsection (b) of this
section.
(d) Crime Victims.--Any proceeding under this section shall
be subject to section 3771 of title 18, United States Code
(commonly known as the ``Crime Victims Rights Act'').
(e) Requirement.--For each motion filed under subsection
(b), the Government shall conduct a particularized inquiry of
the facts and circumstances of the original sentencing of the
defendant in order to assess whether a reduction in sentence
would be consistent with the First Step Act of 2018 (Public
Law 115-391; 132 Stat. 5194) and the amendments made by that
Act, including a review of any prior criminal conduct or any
other relevant information from Federal, State, and local
authorities.
SEC. 102. MODIFYING SAFETY VALVE FOR DRUG OFFENSES.
(a) Amendments.--Section 3553 of title 18, United States
Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Inadequacy of Criminal History.--
``(1) In general.--If subsection (f) does not apply to a
defendant because the defendant does not meet the
requirements described in subsection (f)(1) (relating to
criminal history), the court may, upon prior notice to the
Government, waive subsection (f)(1) if the court specifies in
writing the specific reasons why reliable information
indicates that excluding the defendant pursuant to subsection
(f)(1) substantially overrepresents the seriousness of the
defendant's criminal history or the likelihood that the
defendant will commit other crimes.
``(2) Prohibition.--This subsection shall not apply to any
defendant who has been convicted of a serious drug felony or
a serious violent felony as defined in paragraphs (57) and
(58), respectively, of section 102 of the Controlled
Substances Act (21 U.S.C. 802).''.
TITLE II--CORRECTIONS REFORM
SEC. 201. PAROLE FOR JUVENILES.
(a) In General.--Chapter 403 of title 18, United States
Code, is amended by inserting after section 5032 the
following:
``Sec. 5032A. Modification of an imposed term of imprisonment
for violations of law committed prior to age 18
``(a) In General.--Notwithstanding any other provision of
law, a court may reduce a term of imprisonment imposed upon a
defendant convicted as an adult for an offense committed and
completed before the defendant attained 18 years of age if--
``(1) the defendant has served not less than 20 years in
custody for the offense; and
``(2) the court finds, after considering the factors set
forth in subsection (c), that the defendant is not a danger
to the safety of any person or the community and that the
interests of justice warrant a sentence modification.
``(b) Supervised Release.--Any defendant whose sentence is
reduced pursuant to subsection (a) shall be ordered to serve
a period of supervised release of not less than 5 years
following release from imprisonment. The conditions of
supervised release and any modification or revocation of the
term of supervise release shall be in accordance with section
3583.
``(c) Factors and Information to Be Considered in
Determining Whether to Modify a Term of Imprisonment.--The
court, in determining whether to reduce a term of
imprisonment pursuant to subsection (a), shall consider--
``(1) the factors described in section 3553(a), including
the nature of the offense and the history and characteristics
of the defendant;
``(2) the age of the defendant at the time of the offense;
``(3) a report and recommendation of the Bureau of Prisons,
including information on whether the defendant has
substantially complied with the rules of each institution in
which the defendant has been confined and whether the
defendant has completed any educational, vocational, or other
prison program, where available;
``(4) a report and recommendation of the United States
attorney for any district in which an offense for which the
defendant is imprisoned was prosecuted;
``(5) whether the defendant has demonstrated maturity,
rehabilitation, and a fitness to reenter society sufficient
to justify a sentence reduction;
``(6) any statement, which may be presented orally or
otherwise, by any victim of an offense for which the
defendant is imprisoned or by a family member of the victim
if the victim is deceased;
``(7) any report from a physical, mental, or psychiatric
examination of the defendant conducted by a licensed health
care professional;
``(8) the family and community circumstances of the
defendant at the time of the offense, including any history
of abuse, trauma, or involvement in the child welfare system;
``(9) the extent of the role of the defendant in the
offense and whether, and to what extent, an adult was
involved in the offense;
``(10) the diminished culpability of juveniles as compared
to that of adults, and the hallmark features of youth,
including immaturity, impetuosity, and failure to appreciate
risks and consequences, which counsel against sentencing
juveniles to the otherwise applicable term of imprisonment;
and
``(11) any other information the court determines relevant
to the decision of the court.
``(d) Limitation on Applications Pursuant to This
Section.--
``(1) Second application.--Not earlier than 5 years after
the date on which an order entered by a court on an initial
application under this section becomes final, a court shall
entertain a second application by the same defendant under
this section.
``(2) Final application.--Not earlier than 5 years after
the date on which an order entered by a court on a second
application under paragraph (1) becomes final, a court shall
entertain a final application by the same defendant under
this section.
``(3) Prohibition.--A court may not entertain an
application filed after an application filed under paragraph
(2) by the same defendant.
``(e) Procedures.--
``(1) Notice.--The Bureau of Prisons shall provide written
notice of this section to--
``(A) any defendant who has served not less than 19 years
in prison for an offense committed and completed before the
defendant attained 18 years of age for which the defendant
was convicted as an adult; and
``(B) the sentencing court, the United States attorney, and
the Federal Public Defender or Executive Director of the
Community Defender Organization for the judicial district in
which the sentence described in subparagraph (A) was imposed.
``(2) Crime victims rights.--Upon receiving notice under
paragraph (1), the United States attorney shall provide any
notifications required under section 3771.
``(3) Application.--
``(A) In general.--An application for a sentence reduction
under this section shall be filed as a motion to reduce the
sentence of the defendant and may include affidavits or other
written material.
``(B) Requirement.--A motion to reduce a sentence under
this section shall be filed with the sentencing court and a
copy shall be served on the United States attorney for the
judicial district in which the sentence was imposed.
``(4) Expanding the record; hearing.--
``(A) Expanding the record.--After the filing of a motion
to reduce a sentence under this section, the court may direct
the parties to expand the record by submitting additional
written materials relating to the motion.
``(B) Hearing.--
``(i) In general.--The court shall conduct a hearing on the
motion, at which the defendant and counsel for the defendant
shall be given the opportunity to be heard.
``(ii) Evidence.--In a hearing under this section, the
court may allow parties to present evidence.
``(iii) Defendant's presence.--At a hearing under this
section, the defendant shall be present unless the defendant
waives the right to be present. The requirement under this
clause may be satisfied by the defendant appearing by video
teleconference.
[[Page S1822]]
``(iv) Counsel.--A defendant who is unable to obtain
counsel is entitled to have counsel appointed to represent
the defendant for proceedings under this section, including
any appeal, unless the defendant waives the right to counsel.
``(v) Findings.--The court shall state in open court, and
file in writing, the reasons for granting or denying a motion
under this section.
``(C) Appeal.--The Government or the defendant may file a
notice of appeal in the district court for review of a final
order under this section. The time limit for filing such
appeal shall be governed by rule 4(a) of the Federal Rules of
Appellate Procedure.
``(f) Educational and Rehabilitative Programs.--A defendant
who is convicted and sentenced as an adult for an offense
committed and completed before the defendant attained 18
years of age may not be deprived of any educational,
training, or rehabilitative program that is otherwise
available to the general prison population.''.
(b) Table of Sections.--The table of sections for chapter
403 of title 18, United States Code, is amended by inserting
after the item relating to section 5032 the following:
``5032A. Modification of an imposed term of imprisonment for violations
of law committed prior to age 18.''.
(c) Applicability.--The amendments made by this section
shall apply to any conviction entered before, on, or after
the date of enactment of this Act.
SEC. 202. JUVENILE SEALING AND EXPUNGEMENT.
(a) Purpose.--The purpose of this section is to--
(1) protect children and adults against damage stemming
from their juvenile acts and subsequent juvenile delinquency
records, including law enforcement, arrest, and court
records; and
(2) prevent the unauthorized use or disclosure of
confidential juvenile delinquency records and any potential
employment, financial, psychological, or other harm that
would result from such unauthorized use or disclosure.
(b) Definitions.--Section 5031 of title 18, United States
Code, is amended to read as follows:
``Sec. 5031. Definitions
``In this chapter--
``(1) the term `adjudication' means a determination by a
judge that a person committed an act of juvenile delinquency;
``(2) the term `conviction' means a judgment or disposition
in criminal court against a person following a finding of
guilt by a judge or jury;
``(3) the term `destroy' means to render a file unreadable,
whether paper, electronic, or otherwise stored, by shredding,
pulverizing, pulping, incinerating, overwriting, reformatting
the media, or other means;
``(4) the term `expunge' means to destroy a record and
obliterate the name of the person to whom the record pertains
from each official index or public record;
``(5) the term `expungement hearing' means a hearing held
under section 5045(b)(2)(B);
``(6) the term `expungement petition' means a petition for
expungement filed under section 5045(b);
``(7) the term `high-risk, public trust position' means a
position designated as a public trust position under section
731.106(b) of title 5, Code of Federal Regulations, or any
successor regulation;
``(8) the term `juvenile' means--
``(A) except as provided in subparagraph (B), a person who
has not attained the age of 18 years; and
``(B) for the purpose of proceedings and disposition under
this chapter for an alleged act of juvenile delinquency, a
person who has not attained the age of 21 years;
``(9) the term `juvenile delinquency' means the violation
of a law of the United States committed by a person before
attaining the age of 18 years which would have been a crime
if committed by an adult, or a violation by such a person of
section 922(x);
``(10) the term `juvenile nonviolent offense' means--
``(A) in the case of an arrest or an adjudication that is
dismissed or finds the juvenile to be not delinquent, an act
of juvenile delinquency that is not--
``(i) a criminal homicide, forcible rape or any other sex
offense (as defined in section 111 of the Sex Offender
Registration and Notification Act (34 U.S.C. 20911)),
kidnapping, aggravated assault, robbery, burglary of an
occupied structure, arson, or a drug trafficking crime in
which a firearm was used; or
``(ii) a Federal crime of terrorism (as defined in section
2332b(g)); and
``(B) in the case of an adjudication that finds the
juvenile to be delinquent, an act of juvenile delinquency
that is not--
``(i) described in clause (i) or (ii) of subparagraph (A);
or
``(ii) a misdemeanor crime of domestic violence (as defined
in section 921(a)(33));
``(11) the term `juvenile record'--
``(A) means a record maintained by a court, the probation
system, a law enforcement agency, or any other government
agency, of the juvenile delinquency proceedings of a person;
``(B) includes--
``(i) a juvenile legal file, including a formal document
such as a petition, notice, motion, legal memorandum, order,
or decree;
``(ii) a social record, including--
``(I) a record of a probation officer;
``(II) a record of any government agency that keeps records
relating to juvenile delinquency;
``(III) a medical record;
``(IV) a psychiatric or psychological record;
``(V) a birth certificate;
``(VI) an education record, including an individualized
education plan;
``(VII) a detention record;
``(VIII) demographic information that identifies a juvenile
or the family of a juvenile; or
``(IX) any other record that includes personally
identifiable information that may be associated with a
juvenile delinquency proceeding, an act of juvenile
delinquency, or an alleged act of juvenile delinquency; and
``(iii) a law enforcement record, including a photograph or
a State criminal justice information system record; and
``(C) does not include--
``(i) fingerprints; or
``(ii) a DNA sample;
``(12) the term `petitioner' means a person who files an
expungement petition or a sealing petition;
``(13) the term `seal' means--
``(A) to close a record from public viewing so that the
record cannot be examined except by court order; and
``(B) to physically seal the record shut and label the
record `SEALED' or, in the case of an electronic record, the
substantive equivalent;
``(14) the term `sealing hearing' means a hearing held
under section 5044(b)(2)(B); and
``(15) the term `sealing petition' means a petition for a
sealing order filed under section 5044(b).''.
(c) Confidentiality.--Section 5038 of title 18, United
States Code, is amended--
(1) in subsection (a), in the flush text following
paragraph (6), by inserting after ``bonding,'' the following:
``participation in an educational system,''; and
(2) in subsection (b), by striking ``District courts
exercising jurisdiction over any juvenile'' and inserting the
following: ``Not later than 7 days after the date on which a
district court exercises jurisdiction over a juvenile, the
district court''.
(d) Sealing; Expungement.--
(1) In general.--Chapter 403 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 5044. Sealing
``(a) Automatic Sealing of Nonviolent Offenses.--
``(1) In general.--Three years after the date on which a
person who is adjudicated delinquent under this chapter for a
juvenile nonviolent offense completes every term of
probation, official detention, or juvenile delinquent
supervision ordered by the court with respect to the offense,
the court shall order the sealing of each juvenile record or
portion thereof that relates to the offense if the person--
``(A) has not been convicted of a crime or adjudicated
delinquent for an act of juvenile delinquency since the date
of the disposition; and
``(B) is not engaged in active criminal court proceedings
or juvenile delinquency proceedings.
``(2) Automatic nature of sealing.--The order of sealing
under paragraph (1) shall require no action by the person
whose juvenile records are to be sealed.
``(3) Notice of automatic sealing.--A court that orders the
sealing of a juvenile record of a person under paragraph (1)
shall, in writing, inform the person of the sealing and the
benefits of sealing the record.
``(b) Petitioning for Early Sealing of Nonviolent
Offenses.--
``(1) Right to file sealing petition.--
``(A) In general.--During the 3-year period beginning on
the date on which a person who is adjudicated delinquent
under this chapter for a juvenile nonviolent offense
completes every term of probation, official detention, or
juvenile delinquent supervision ordered by the court with
respect to the offense, the person may petition the court to
seal the juvenile records that relate to the offense, unless
the person--
``(i) has been convicted of a crime or adjudicated
delinquent for an act of juvenile delinquency since the date
of the disposition; or
``(ii) is engaged in active criminal court proceedings or
juvenile delinquency proceedings.
``(B) Notice of opportunity to file petition.--If a person
is adjudicated delinquent for a juvenile nonviolent offense,
the court in which the person is adjudicated delinquent
shall, in writing, inform the person of the potential
eligibility of the person to file a sealing petition with
respect to the offense upon completing every term of
probation, official detention, or juvenile delinquent
supervision ordered by the court with respect to the offense,
and the necessary procedures for filing the sealing
petition--
``(i) on the date on which the individual is adjudicated
delinquent; and
``(ii) on the date on which the individual has completed
every term of probation, official detention, or juvenile
delinquent supervision ordered by the court with respect to
the offense.
``(2) Procedures.--
``(A) Notification to prosecutor.--If a person files a
sealing petition with respect to a juvenile nonviolent
offense, the court in which the petition is filed shall
provide notice of the petition--
``(i) to the Attorney General; and
[[Page S1823]]
``(ii) upon the request of the petitioner, to any other
individual that the petitioner determines may testify as to--
``(I) the conduct of the petitioner since the date of the
offense; or
``(II) the reasons that the sealing order should be
entered.
``(B) Hearing.--
``(i) In general.--If a person files a sealing petition,
the court shall--
``(I) except as provided in clause (iii), conduct a hearing
in accordance with clause (ii); and
``(II) determine whether to enter a sealing order for the
person in accordance with subparagraph (C).
``(ii) Opportunity to testify and offer evidence.--
``(I) Petitioner.--The petitioner may testify or offer
evidence at the sealing hearing in support of sealing.
``(II) Prosecutor.--The Attorney General may send a
representative to testify or offer evidence at the sealing
hearing in support of or against sealing.
``(III) Other individuals.--An individual who receives
notice under subparagraph (A)(ii) may testify or offer
evidence at the sealing hearing as to the issues described in
subclauses (I) and (II) of that subparagraph.
``(iii) Waiver of hearing.--If the petitioner and the
Attorney General so agree, the court shall make a
determination under subparagraph (C) without a hearing.
``(C) Basis for decision.--The court shall determine
whether to grant the sealing petition after considering--
``(i) the sealing petition and any documents in the
possession of the court;
``(ii) all the evidence and testimony presented at the
sealing hearing, if such a hearing is conducted;
``(iii) the best interests of the petitioner;
``(iv) the age of the petitioner during his or her contact
with the court or any law enforcement agency;
``(v) the nature of the juvenile nonviolent offense;
``(vi) the disposition of the case;
``(vii) the manner in which the petitioner participated in
any court-ordered rehabilitative programming or supervised
services;
``(viii) the length of the time period during which the
petitioner has been without contact with any court or law
enforcement agency;
``(ix) whether the petitioner has had any criminal or
juvenile delinquency involvement since the disposition of the
juvenile delinquency proceeding; and
``(x) the adverse consequences the petitioner may suffer if
the petition is not granted.
``(D) Waiting period after denial.--If the court denies a
sealing petition, the petitioner may not file a new sealing
petition with respect to the same juvenile nonviolent offense
until the date that is 2 years after the date of the denial.
``(E) Universal form.--The Director of the Administrative
Office of the United States Courts shall create a universal
form, available over the internet and in paper form, that an
individual may use to file a sealing petition.
``(F) No fee for indigent petitioners.--If the court
determines that the petitioner is indigent, there shall be no
cost for filing a sealing petition.
``(G) Reporting.--Not later than 2 years after the date of
enactment of this section, and each year thereafter, the
Director of the Administrative Office of the United States
Courts shall issue a public report that--
``(i) describes--
``(I) the number of sealing petitions granted and denied
under this subsection; and
``(II) the number of instances in which the Attorney
General supported or opposed a sealing petition;
``(ii) includes any supporting data that the Director
determines relevant and that does not name any petitioner;
and
``(iii) disaggregates all relevant data by race, ethnicity,
gender, and the nature of the offense.
``(H) Public defender eligibility.--
``(i) Petitioners under age 18.--The district court shall
appoint counsel in accordance with the plan of the district
court in operation under section 3006A to represent a
petitioner for purposes of this subsection if the petitioner
is less than 18 years of age.
``(ii) Petitioners age 18 and older.--
``(I) Discretion of court.--In the case of a petitioner who
is not less than 18 years of age, the district court may, in
its discretion, appoint counsel in accordance with the plan
of the district court in operation under section 3006A to
represent the petitioner for purposes of this subsection.
``(II) Considerations.--In determining whether to appoint
counsel under subclause (I), the court shall consider--
``(aa) the anticipated complexity of the sealing hearing,
including the number and type of witnesses called to advocate
against the sealing of the records of the petitioner; and
``(bb) the potential for adverse testimony by a victim or a
representative of the Attorney General.
``(c) Effect of Sealing Order.--
``(1) Protection from disclosure.--Except as provided in
paragraphs (3) and (4), if a court orders the sealing of a
juvenile record of a person under subsection (a) or (b) with
respect to a juvenile nonviolent offense, the proceedings in
the case shall be deemed never to have occurred, and the
person may properly reply accordingly to any inquiry about
the events the records of which are ordered sealed.
``(2) Verification of sealing.--If a court orders the
sealing of a juvenile record under subsection (a) or (b) with
respect to a juvenile nonviolent offense, the court shall--
``(A) send a copy of the sealing order to each entity or
person known to the court that possesses a record relating to
the offense, including each--
``(i) law enforcement agency; and
``(ii) public or private correctional or detention
facility;
``(B) in the sealing order, require each entity or person
described in subparagraph (A) to--
``(i) seal the record; and
``(ii) submit a written certification to the court, under
penalty of perjury, that the entity or person has sealed each
paper and electronic copy of the record;
``(C) seal each paper and electronic copy of the record in
the possession of the court; and
``(D) after receiving a written certification from each
entity or person under subparagraph (B)(ii), notify the
petitioner that each entity or person described in
subparagraph (A) has sealed each paper and electronic copy of
the record.
``(3) Law enforcement access to sealed records.--
``(A) In general.--Except as provided in subparagraph (B),
a law enforcement agency may access a sealed juvenile record
in the possession of the agency or another law enforcement
agency solely--
``(i) to determine whether the person who is the subject of
the record is a nonviolent offender eligible for a first-
time-offender diversion program;
``(ii) for investigatory or prosecutorial purposes; or
``(iii) for a background check that relates to--
``(I) law enforcement employment; or
``(II) any position that a Federal agency designates as a--
``(aa) national security position; or
``(bb) high-risk, public trust position.
``(B) Transition period.--During the 1-year period
beginning on the date on which a court orders the sealing of
a juvenile record under this section, a law enforcement
agency may, for law enforcement purposes, access the record
if the record is in the possession of the agency or another
law enforcement agency.
``(4) Prohibition on disclosure.--
``(A) Prohibition.--Except as provided in subparagraph (C),
it shall be unlawful to intentionally make or attempt to make
an unauthorized disclosure of any information from a sealed
juvenile record in violation of this section.
``(B) Penalty.--Any person who violates subparagraph (A)
shall be fined under this title, imprisoned for not more than
1 year, or both.
``(C) Exceptions.--
``(i) Background checks.--In the case of a background check
for law enforcement employment or for any employment that
requires a government security clearance--
``(I) a person who is the subject of a juvenile record
sealed under this section shall disclose the contents of the
record; and
``(II) a law enforcement agency that possesses a juvenile
record sealed under this section--
``(aa) may disclose the contents of the record; and
``(bb) if the agency obtains or is subject to a court order
authorizing disclosure of the record, may disclose the
record.
``(ii) Disclosure to armed forces.--A person, including a
law enforcement agency that possesses a juvenile record
sealed under this section, may disclose information from a
juvenile record sealed under this section to the Secretaries
of the military departments (or the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy) for the purpose of
vetting an enlistment or commission, or with regard to any
member of the Armed Forces.
``(iii) Criminal and juvenile proceedings.--A prosecutor or
other law enforcement officer may disclose information from a
juvenile record sealed under this section, and a person who
is the subject of a juvenile record sealed under this section
may be required to testify or otherwise disclose information
about the record, in a criminal or other proceeding if such
disclosure is required by the Constitution of the United
States, the constitution of a State, or a Federal or State
statute or rule.
``(iv) Authorization for person to disclose own record.--A
person who is the subject of a juvenile record sealed under
this section may choose to disclose the record.
``(d) Limitation Relating to Subsequent Incidents.--
``(1) After filing and before petition granted.--If, after
the date on which a person files a sealing petition with
respect to a juvenile offense and before the court determines
whether to grant the petition, the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings
or juvenile delinquency proceedings, the court shall deny the
petition.
``(2) After petition granted.--If, on or after the date on
which a court orders the sealing of a juvenile record of a
person under subsection (b), the person is convicted of a
crime or adjudicated delinquent for an act of juvenile
delinquency--
``(A) the court shall--
``(i) vacate the order; and
[[Page S1824]]
``(ii) notify the person who is the subject of the juvenile
record, and each entity or person described in subsection
(c)(2)(A), that the order has been vacated; and
``(B) the record shall no longer be sealed.
``(e) Inclusion of State Juvenile Delinquency Adjudications
and Proceedings.--For purposes of subparagraphs (A) and (B)
of subsection (a)(1), clauses (i) and (ii) of subsection
(b)(1)(A), subsection (b)(1)(C)(ix), and paragraphs (1) and
(2) of subsection (d), the term `juvenile delinquency'
includes the violation of a law of a State committed by a
person before attaining the age of 18 years which would have
been a crime if committed by an adult.
``Sec. 5045. Expungement
``(a) Automatic Expungement of Certain Records.--
``(1) Attorney general motion.--
``(A) Nonviolent offenses committed before a person turned
15.--If a person is adjudicated delinquent under this chapter
for a juvenile nonviolent offense committed before the person
attained 15 years of age and completes every term of
probation, official detention, or juvenile delinquent
supervision ordered by the court with respect to the offense
before attaining 18 years of age, on the date on which the
person attains 18 years of age, the Attorney General shall
file a motion in the district court of the United States in
which the person was adjudicated delinquent requesting that
each juvenile record of the person that relates to the
offense be expunged.
``(B) Arrests.--If a juvenile is arrested by a Federal law
enforcement agency for a juvenile nonviolent offense for
which a juvenile delinquency proceeding is not instituted
under this chapter, and for which the United States does not
proceed against the juvenile as an adult in a district court
of the United States, the Attorney General shall file a
motion in the district court of the United States that would
have had jurisdiction of the proceeding requesting that each
juvenile record relating to the arrest be expunged.
``(C) Expungement order.--Upon the filing of a motion in a
district court of the United States with respect to a
juvenile nonviolent offense under subparagraph (A) or an
arrest for a juvenile nonviolent offense under subparagraph
(B), the court shall grant the motion and order that each
juvenile record relating to the offense or arrest, as
applicable, be expunged.
``(2) Dismissed cases.--If a district court of the United
States dismisses an information with respect to a juvenile
under this chapter or finds a juvenile not to be delinquent
in a juvenile delinquency proceeding under this chapter, the
court shall concurrently order that each juvenile record
relating to the applicable proceeding be expunged.
``(3) Automatic nature of expungement.--An order of
expungement under paragraph (1)(C) or (2) shall not require
any action by the person whose records are to be expunged.
``(4) Notice of automatic expungement.--A court that orders
the expungement of a juvenile record of a person under
paragraph (1)(C) or (2) shall, in writing, inform the person
of the expungement and the benefits of expunging the record.
``(b) Petitioning for Expungement of Nonviolent Offenses.--
``(1) In general.--A person who is adjudicated delinquent
under this chapter for a juvenile nonviolent offense
committed on or after the date on which the person attained
15 years of age may petition the court in which the
proceeding took place to order the expungement of the
juvenile record that relates to the offense unless the
person--
``(A) has been convicted of a crime or adjudicated
delinquent for an act of juvenile delinquency since the date
of the disposition;
``(B) is engaged in active criminal court proceedings or
juvenile delinquency proceedings; or
``(C) has had not less than 2 adjudications of delinquency
previously expunged under this section.
``(2) Procedures.--
``(A) Notification of prosecutor and victims.--If a person
files an expungement petition with respect to a juvenile
nonviolent offense, the court in which the petition is filed
shall provide notice of the petition--
``(i) to the Attorney General; and
``(ii) upon the request of the petitioner, to any other
individual that the petitioner determines may testify as to--
``(I) the conduct of the petitioner since the date of the
offense; or
``(II) the reasons that the expungement order should be
entered.
``(B) Hearing.--
``(i) In general.--If a person files an expungement
petition, the court shall--
``(I) except as provided in clause (iii), conduct a hearing
in accordance with clause (ii); and
``(II) determine whether to enter an expungement order for
the person in accordance with subparagraph (C).
``(ii) Opportunity to testify and offer evidence.--
``(I) Petitioner.--The petitioner may testify or offer
evidence at the expungement hearing in support of
expungement.
``(II) Prosecutor.--The Attorney General may send a
representative to testify or offer evidence at the
expungement hearing in support of or against expungement.
``(III) Other individuals.--An individual who receives
notice under subparagraph (A)(ii) may testify or offer
evidence at the expungement hearing as to the issues
described in subclauses (I) and (II) of that subparagraph.
``(iii) Waiver of hearing.--If the petitioner and the
Attorney General so agree, the court shall make a
determination under subparagraph (C) without a hearing.
``(C) Basis for decision.--The court shall determine
whether to grant an expungement petition after considering--
``(i) the petition and any documents in the possession of
the court;
``(ii) all the evidence and testimony presented at the
expungement hearing, if such a hearing is conducted;
``(iii) the best interests of the petitioner;
``(iv) the age of the petitioner during his or her contact
with the court or any law enforcement agency;
``(v) the nature of the juvenile nonviolent offense;
``(vi) the disposition of the case;
``(vii) the manner in which the petitioner participated in
any court-ordered rehabilitative programming or supervised
services;
``(viii) the length of the time period during which the
petitioner has been without contact with any court or any law
enforcement agency;
``(ix) whether the petitioner has had any criminal or
juvenile delinquency involvement since the disposition of the
juvenile delinquency proceeding; and
``(x) the adverse consequences the petitioner may suffer if
the petition is not granted.
``(D) Waiting period after denial.--If the court denies an
expungement petition, the petitioner may not file a new
expungement petition with respect to the same offense until
the date that is 2 years after the date of the denial.
``(E) Universal form.--The Director of the Administrative
Office of the United States Courts shall create a universal
form, available over the internet and in paper form, that an
individual may use to file an expungement petition.
``(F) No fee for indigent petitioners.--If the court
determines that the petitioner is indigent, there shall be no
cost for filing an expungement petition.
``(G) Reporting.--Not later than 2 years after the date of
enactment of this section, and each year thereafter, the
Director of the Administrative Office of the United States
Courts shall issue a public report that--
``(i) describes--
``(I) the number of expungement petitions granted and
denied under this subsection; and
``(II) the number of instances in which the Attorney
General supported or opposed an expungement petition;
``(ii) includes any supporting data that the Director
determines relevant and that does not name any petitioner;
and
``(iii) disaggregates all relevant data by race, ethnicity,
gender, and the nature of the offense.
``(H) Public defender eligibility.--
``(i) Petitioners under age 18.--The district court shall
appoint counsel in accordance with the plan of the district
court in operation under section 3006A to represent a
petitioner for purposes of this subsection if the petitioner
is less than 18 years of age.
``(ii) Petitioners age 18 and older.--
``(I) Discretion of court.--In the case of a petitioner who
is not less than 18 years of age, the district court may, in
its discretion, appoint counsel in accordance with the plan
of the district court in operation under section 3006A to
represent the petitioner for purposes of this subsection.
``(II) Considerations.--In determining whether to appoint
counsel under subclause (I), the court shall consider--
``(aa) the anticipated complexity of the expungement
hearing, including the number and type of witnesses called to
advocate against the expungement of the records of the
petitioner; and
``(bb) the potential for adverse testimony by a victim or a
representative of the Attorney General.
``(c) Effect of Expunged Juvenile Record.--
``(1) Protection from disclosure.--Except as provided in
paragraphs (4) through (8), if a court orders the expungement
of a juvenile record of a person under subsection (a) or (b)
with respect to a juvenile nonviolent offense, the
proceedings in the case shall be deemed never to have
occurred, and the person may properly reply accordingly to
any inquiry about the events the records of which are ordered
expunged.
``(2) Verification of expungement.--If a court orders the
expungement of a juvenile record under subsection (a) or (b)
with respect to a juvenile nonviolent offense, the court
shall--
``(A) send a copy of the expungement order to each entity
or person known to the court that possesses a record relating
to the offense, including each--
``(i) law enforcement agency; and
``(ii) public or private correctional or detention
facility;
``(B) in the expungement order--
``(i) require each entity or person described in
subparagraph (A) to--
``(I) seal the record for 1 year and, during that 1-year
period, apply paragraphs (3) and (4) of section 5044(c) with
respect to the record;
``(II) on the date that is 1 year after the date of the
order, destroy the record unless a subsequent incident
described in subsection (d)(2) occurs; and
[[Page S1825]]
``(III) submit a written certification to the court, under
penalty of perjury, that the entity or person has destroyed
each paper and electronic copy of the record; and
``(ii) explain that if a subsequent incident described in
subsection (d)(2) occurs, the order shall be vacated and the
record shall no longer be sealed;
``(C) on the date that is 1 year after the date of the
order, destroy each paper and electronic copy of the record
in the possession of the court unless a subsequent incident
described in subsection (d)(2) occurs; and
``(D) after receiving a written certification from each
entity or person under subparagraph (B)(i)(III), notify the
petitioner that each entity or person described in
subparagraph (A) has destroyed each paper and electronic copy
of the record.
``(3) Reply to inquiries.--On and after the date that is 1
year after the date on which a court orders the expungement
of a juvenile record of a person under this section, in the
case of an inquiry relating to the juvenile record, the
court, each law enforcement officer, any agency that provided
treatment or rehabilitation services to the person, and the
person (except as provided in paragraphs (4) through (8))
shall reply to the inquiry that no such juvenile record
exists.
``(4) Civil actions.--
``(A) In general.--On and after the date on which a court
orders the expungement of a juvenile record of a person under
this section, if the person brings an action against a law
enforcement agency that arrested, or participated in the
arrest of, the person for the offense to which the record
relates, or against the State or political subdivision of a
State of which the law enforcement agency is an agency, in
which the contents of the record are relevant to the
resolution of the issues presented in the action, there shall
be a rebuttable presumption that the defendant has a complete
defense to the action.
``(B) Showing by plaintiff.--In an action described in
subparagraph (A), the plaintiff may rebut the presumption of
a complete defense by showing that the contents of the
expunged record would not prevent the defendant from being
held liable.
``(C) Duty to testify as to existence of record.--The court
in which an action described in subparagraph (A) is filed may
require the plaintiff to state under oath whether the
plaintiff had a juvenile record and whether the record was
expunged.
``(D) Proof of existence of juvenile record.--If the
plaintiff in an action described in subparagraph (A) denies
the existence of a juvenile record, the defendant may prove
the existence of the record in any manner compatible with the
applicable laws of evidence.
``(5) Criminal and juvenile proceedings.--On and after the
date that is 1 year after the date on which a court orders
the expungement of a juvenile record under this section, a
prosecutor or other law enforcement officer may disclose
underlying information from the juvenile record, and the
person who is the subject of the juvenile record may be
required to testify or otherwise disclose information about
the record, in a criminal or other proceeding if such
disclosure is required by the Constitution of the United
States, the constitution of a State, or a Federal or State
statute or rule.
``(6) Background checks.--On and after the date that is 1
year after the date on which a court orders the expungement
of a juvenile record under this section, in the case of a
background check for law enforcement employment or for any
employment that requires a government security clearance, the
person who is the subject of the juvenile record may be
required to disclose underlying information from the record.
``(7) Disclosure to armed forces.--On and after the date
that is 1 year after the date on which a court orders the
expungement of a juvenile record under this section, a
person, including a law enforcement agency that possessed
such a juvenile record, may be required to disclose
underlying information from the record to the Secretaries of
the military departments (or the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy) for the purpose of
vetting an enlistment or commission, or with regard to any
member of the Armed Forces.
``(8) Authorization for person to disclose own record.--A
person who is the subject of a juvenile record expunged under
this section may choose to disclose the record.
``(9) Treatment as sealed record during transition
period.--During the 1-year period beginning on the date on
which a court orders the expungement of a juvenile record
under this section, paragraphs (3) and (4) of section 5044(c)
shall apply with respect to the record as if the record had
been sealed under that section.
``(d) Limitation Relating to Subsequent Incidents.--
``(1) After filing and before petition granted.--If, after
the date on which a person files an expungement petition with
respect to a juvenile offense and before the court determines
whether to grant the petition, the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings
or juvenile delinquency proceedings, the court shall deny the
petition.
``(2) After petition granted.--If, on or after the date on
which a court orders the expungement of a juvenile record of
a person under subsection (b), the person is convicted of a
crime, adjudicated delinquent for an act of juvenile
delinquency, or engaged in active criminal court proceedings
or juvenile delinquency proceedings--
``(A) the court that ordered the expungement shall--
``(i) vacate the order; and
``(ii) notify the person who is the subject of the juvenile
record, and each entity or person described in subsection
(c)(2)(A), that the order has been vacated; and
``(B) the record--
``(i) shall not be expunged; or
``(ii) if the record has been expunged because 1 year has
elapsed since the date of the expungement order, shall not be
treated as having been expunged.
``(e) Inclusion of State Juvenile Delinquency Adjudications
and Proceedings.--For purposes of subparagraphs (A), (B), and
(C)(ix) of subsection (b)(1) and paragraphs (1) and (2) of
subsection (d), the term `juvenile delinquency' includes the
violation of a law of a State committed by a person before
attaining the age of 18 years which would have been a crime
if committed by an adult.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``5044. Sealing.
``5045. Expungement.''.
(3) Applicability.--Sections 5044 and 5045 of title 18,
United States Code, as added by paragraph (1), shall apply
with respect to a juvenile nonviolent offense (as defined in
section 5031 of such title, as amended by subsection (b))
that is committed or alleged to have been committed before,
on, or after the date of enactment of this Act.
(e) Rule of Construction.--Nothing in the amendments made
by this section shall be construed to authorize the sealing
or expungement of a record of a criminal conviction of a
juvenile who was proceeded against as an adult in a district
court of the United States.
SEC. 203. ENSURING ACCURACY OF FEDERAL CRIMINAL RECORDS.
(a) In General.--Section 534 of title 28, United States
Code, is amended by adding at the end the following:
``(g) Ensuring Accuracy of Federal Criminal Records.--
``(1) Definitions.--
``(A) In general.--In this subsection--
``(i) the term `applicant' means the individual to whom a
record sought to be exchanged pertains;
``(ii) the term `high-risk, public trust position' means a
position designated as a public trust position under section
731.106(b) of title 5, Code of Federal Regulations, or any
successor regulation;
``(iii) the term `incomplete', with respect to a record,
means the record--
``(I) indicates that an individual was arrested but does
not describe the offense for which the individual was
arrested; or
``(II) indicates that an individual was arrested or
criminal proceedings were instituted against an individual
but does not include the final disposition of the arrest or
of the proceedings if a final disposition has been reached;
``(iv) the term `record' means a record or other
information collected under this section that relates to--
``(I) an arrest by a Federal law enforcement officer; or
``(II) a Federal criminal proceeding;
``(v) the term `reporting jurisdiction' means any person or
entity that provides a record to the Attorney General under
this section; and
``(vi) the term `requesting entity'--
``(I) means a person or entity that seeks the exchange of a
record for civil purposes that include employment, housing,
credit, or any other type of application; and
``(II) does not include a law enforcement or intelligence
agency that seeks the exchange of a record for--
``(aa) investigative purposes; or
``(bb) purposes relating to law enforcement employment.
``(B) Rule of construction.--The definition of the term
`requesting entity' under subparagraph (A) shall not be
construed to authorize access to records that is not
otherwise authorized by law.
``(2) Incomplete or inaccurate records.--The Attorney
General shall establish and enforce procedures to ensure the
prompt release of accurate records exchanged for employment-
related purposes through the records system created under
this section.
``(3) Required procedures.--The procedures established
under paragraph (2) shall include the following:
``(A) Inaccurate record or information.--If the Attorney
General determines that a record is inaccurate, the Attorney
General shall promptly correct the record, including by
making deletions to the record if appropriate.
``(B) Incomplete record.--
``(i) In general.--If the Attorney General determines that
a record is incomplete or cannot be verified, the Attorney
General--
``(I) shall attempt to complete or verify the record; and
``(II) if unable to complete or verify the record, may
promptly make any changes or deletions to the record.
``(ii) Lack of disposition of arrest.--For purposes of this
subparagraph, an incomplete record includes a record that
indicates there was an arrest and does not include the
disposition of the arrest.
[[Page S1826]]
``(iii) Obtaining disposition of arrest.--If the Attorney
General determines that a record is an incomplete record
described in clause (ii), the Attorney General shall, not
later than 10 days after the date on which the requesting
entity requests the exchange and before the exchange is made,
obtain the disposition (if any) of the arrest.
``(C) Notification of reporting jurisdiction.--The Attorney
General shall notify each appropriate reporting jurisdiction
of any action taken under subparagraph (A) or (B).
``(D) Opportunity to review records by applicant.--In
connection with an exchange of a record under this section,
the Attorney General shall--
``(i) notify the applicant that the applicant can obtain a
copy of the record as described in clause (ii) if the
applicant demonstrates a reasonable basis for the applicant's
review of the record;
``(ii) provide to the applicant an opportunity, upon
request and in accordance with clause (i), to--
``(I) obtain a copy of the record; and
``(II) challenge the accuracy and completeness of the
record;
``(iii) promptly notify the requesting entity of any such
challenge;
``(iv) not later than 30 days after the date on which the
challenge is made, complete an investigation of the
challenge;
``(v) provide to the applicant the specific findings and
results of that investigation;
``(vi) promptly make any changes or deletions to the
records required as a result of the challenge; and
``(vii) report those changes to the requesting entity.
``(E) Certain exchanges prohibited.--
``(i) In general.--An exchange shall not include any
record--
``(I) except as provided in clause (ii), about an arrest
more than 2 years old as of the date of the request for the
exchange, that does not also include a disposition (if any)
of that arrest;
``(II) relating to an adult or juvenile nonserious offense
of the sort described in section 20.32(b) of title 28, Code
of Federal Regulations, as in effect on July 1, 2009; or
``(III) to the extent the record is not clearly an arrest
or a disposition of an arrest.
``(ii) Applicants for sensitive positions.--The prohibition
under clause (i)(I) shall not apply in the case of a
background check that relates to--
``(I) law enforcement employment; or
``(II) any position that a Federal agency designates as a--
``(aa) national security position; or
``(bb) high-risk, public trust position.
``(4) Fees.--The Attorney General may collect a reasonable
fee for an exchange of records for employment-related
purposes through the records system created under this
section to defray the costs associated with exchanges for
those purposes, including any costs associated with the
investigation of inaccurate or incomplete records.''.
(b) Regulations on Reasonable Procedures.--Not later than 1
year after the date of enactment of this Act, the Attorney
General shall issue regulations to carry out section 534(g)
of title 28, United States Code, as added by subsection (a).
(c) Report.--
(1) Definition.--In this subsection, the term ``record''
has the meaning given the term in subsection (g) of section
534 of title 28, United States Code, as added by subsection
(a).
(2) Report required.--Not later than 2 years after the date
of enactment of this Act, the Attorney General shall submit
to Congress a report on the implementation of subsection (g)
of section 534 of title 28, United States Code, as added by
subsection (a), that includes--
(A) the number of exchanges of records for employment-
related purposes made with entities in each State through the
records system created under such section 534;
(B) any prolonged failure of a Federal agency to comply
with a request by the Attorney General for information about
dispositions of arrests; and
(C) the numbers of successful and unsuccessful challenges
to the accuracy and completeness of records, organized by the
Federal agency from which each record originated.
______
By Mr. DURBIN (for himself, Mr. Boozman, Mr. Inhofe, Mr. Booker,
and Mr. Cardin):
S. 1022. A bill to create jobs in the United States by increasing
United States exports to Africa by at least 200 percent in real dollar
value within 10 years, and for other purposes; to the Committee on
Banking, Housing, and Urban Affairs.
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. 1022
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 ``Increasing American Jobs
Through Greater Exports to Africa Act of 2021''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Export growth helps United States business grow and
create United States jobs. Ninety-eight percent of United
States exports came from approximately 300,000 small- and
medium-sized businesses supporting 4,000,000 United States
jobs.
(2) In a February 5, 2021, message to an African leaders
meeting at the African Union Summit, President Joseph R.
Biden reaffirmed the United States relationship with African
countries as partners in the continent-wide spirit of
entrepreneurship and innovation.
(3) Many countries have trade-distorting export promotion
programs that aggressively subsidize exports to Africa and
other countries around the world. In 2019, there were 115
known official export credit providers around the world,
including export credit agencies, up from 85 in 2015--a 35
percent increase from 2015 to 2019. The increasing investment
by foreign governments into export credit can threaten
competitiveness of United States businesses abroad.
(4) Between 2008 and 2019, the People's Republic of China
alone provided more than $462,000,000,000 in loans to the
developing world, and, in 2009, the People's Republic of
China surpassed the United States as the leading trade
partner of African countries. The Export-Import Bank of the
United States reports the People's Republic of China's export
finance activity is larger than all the other export credit
agencies in the Group of 7 countries combined, making the
People's Republic of China the world's largest official
creditor with a portfolio more than twice the size of the
World Bank and International Monetary Fund combined.
(5) The Export-Import Bank of the United States supported
$12,400,000,000 worth of transactions to sub-Saharan Africa
from 2009 to 2019, while in 2018, the People's Republic of
China made up 22 percent of public debt stock, and, in 2020,
the People's Republic of China made up 29 percent of debt
service in low-income countries in Africa. The People's
Republic of China accounts for a quarter or more of all
public and publicly guaranteed debt in Angola, Djibouti,
Cameroon, the Republic of the Congo, Ethiopia, Kenya, and
Zambia.
(6) The practice of the People's Republic of China of
concessional financing runs contrary to the principles of the
Organisation for Economic Co-operation and Development
related to open market rates, undermines naturally
competitive rates, and incentivizes governments in Africa to
overlook the People's Republic of China's troubling record on
labor practices, human rights, and environmental impact.
(7) Sixty percent of Africa's approximately 1,250,000,000
people are under the age of 25, and by the year 2050, one-
third of global youth will be in sub-Saharan Africa. By 2030,
Africa will have 17 cities with more than 5,000,000
inhabitants, as well as 90 cities with populations of at
least 1,000,000. Both are factors contributing to rising
household consumption predicted to reach approximately
$2,500,000,000,000 by 2030.
(8) When countries such as the People's Republic of China
assist with large-scale government projects, they often gain
access to valuable commodities such as oil and copper,
typically without regard to environmental, human rights,
labor, or governance standards.
(b) Purpose.--The purpose of this Act is to create jobs in
the United States by expanding programs that will result in
increasing United States exports to Africa by 200 percent in
real dollar value within 10 years.
SEC. 3. DEFINITIONS.
In this Act:
(1) Africa.--The term ``Africa'' refers to the entire
continent of Africa and its 54 countries, including the
Republic of South Sudan.
(2) African diaspora.--The term ``African diaspora'' means
the people of African origin living in the United States,
irrespective of their citizenship and nationality, who are
willing to contribute to the development of Africa.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on Finance of the Senate; and
(B) the Committee on Appropriations, the Committee on
Energy and Commerce, the Committee on Financial Services, the
Committee on Foreign Affairs, and the Committee on Ways and
Means of the House of Representatives.
(4) Development agencies.--The term ``development
agencies'' includes the United States Department of State,
the United States Agency for International Development, the
Millennium Challenge Corporation, the United States
International Development Finance Corporation, the United
States Trade and Development Agency, the United States
Department of Agriculture, and relevant multilateral
development banks.
(5) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given that
term in section 1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4)) and includes the
African Development Foundation.
(6) Sub-saharan region.--The term ``sub-Saharan region''
refers to the 49 countries
[[Page S1827]]
listed in section 107 of the African Growth and Opportunity
Act (19 U.S.C. 3706).
(7) Trade policy staff committee.--The term ``Trade Policy
Staff Committee'' means the Trade Policy Staff Committee
established pursuant to section 2002.2 of title 15, Code of
Federal Regulations, which is composed of representatives of
Federal agencies in charge of developing and coordinating
United States positions on international trade and trade-
related investment issues.
(8) Trade promotion coordinating committee.--The term
``Trade Promotion Coordinating Committee'' means the Trade
Promotion Coordinating Committee established under section
2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
(9) United states and foreign commercial service.--The term
``United States and Foreign Commercial Service'' means the
United States and Foreign Commercial Service established by
section 2301 of the Export Enhancement Act of 1988 (15 U.S.C.
4721).
SEC. 4. STRATEGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall establish a
comprehensive United States strategy for public and private
investment, trade, and development in Africa.
(b) Focus of Strategy.--The strategy required by subsection
(a) shall focus on--
(1) increasing exports of United States goods and services
to Africa by 200 percent in real dollar value within 10 years
from the date of the enactment of this Act;
(2) promoting the alignment of United States commercial
interests with development priorities in Africa;
(3) developing relationships between the governments of
countries in Africa and United States businesses that have an
expertise in such issues as critical energy security,
infrastructure development, technology, telecommunications,
and agriculture;
(4) improving the competitiveness of United States
businesses in Africa, including by encouraging the adoption
of United States construction codes and product standards,
with emphasis on those designated as American National
Standards by the American National Standards Institute where
applicable;
(5) exploring the role the African diaspora can play in
enhancing competitiveness of United States businesses in
Africa and ways that African diaspora remittances can help
communities in Africa tackle economic, development, and
infrastructure financing needs;
(6) promoting economic integration in Africa through
working with the subregional economic communities, supporting
efforts for deeper integration through the development of
customs unions within western and central Africa and within
eastern and southern Africa, eliminating time-consuming
border formalities into and within these areas, and
supporting regionally based infrastructure projects;
(7) encouraging a greater understanding among United States
business and financial communities of the opportunities
Africa holds for United States exports;
(8) fostering partnership opportunities between United
States and African small- and medium-sized enterprises;
(9) supporting African entrepreneurship and private sector
development as a means to sustainable economic growth and
security; and
(10) monitoring--
(A) market loan rates and the availability of capital for
United States business investment in Africa;
(B) loan rates offered by the governments of other
countries for investment in Africa; and
(C) the policies of other countries with respect to export
financing for investment in Africa that are predatory or
distort markets.
(c) Consultations.--In developing the strategy required by
subsection (a), the President shall consult with--
(1) Congress;
(2) each agency that is a member of the Trade Promotion
Coordinating Committee;
(3) the relevant multilateral development banks, in
coordination with the Secretary of the Treasury and the
respective United States Executive Directors of such banks;
(4) each agency that participates in the Trade Policy Staff
Committee;
(5) the President's Export Council;
(6) each of the development agencies;
(7) any other Federal agencies with responsibility for
export promotion or financing and development; and
(8) the private sector, including businesses,
nongovernmental organizations, and African diaspora groups.
(d) Submission to Congress.--
(1) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress the strategy required by subsection (a).
(2) Progress report.--Not later than 3 years after the date
of the enactment of this Act, the President shall submit to
Congress a report on the implementation of the strategy
required by subsection (a).
(3) Content of report.--The report required by paragraph
(2) shall include an accounting of all current United States
Government programs to promote exports to and trade with
Africa and to assist United States businesses competing in
the African market as well as an assessment of the extent to
which the strategy required by subsection (a)--
(A) has been successful in developing critical analyses of
policies to increase exports to Africa;
(B) has been successful in increasing the competitiveness
of United States businesses in Africa;
(C) has been successful in creating jobs in the United
States, including the nature and sustainability of such jobs;
(D) has provided sufficient United States Government
support to meet third-country competition in the region;
(E) has been successful in helping the African diaspora in
the United States participate in economic growth in Africa;
(F) has been successful in promoting economic integration
in Africa;
(G) has encouraged specific policies and programs in Africa
that provide a stable, safe, and transparent environment in
which business and entrepreneurship can thrive; and
(H) has made a meaningful contribution to the
transformation of Africa and its full integration into the
21st century world economy, not only as a supplier of primary
products but also as full participant in international supply
and distribution chains and as a consumer of international
goods and services.
SEC. 5. SPECIAL AFRICA EXPORT STRATEGY COORDINATOR.
The President shall designate an individual to serve as
Special Africa Export Strategy Coordinator--
(1) to oversee the development and implementation of the
strategy required by section 4; and
(2) to coordinate with the Trade Promotion Coordinating
Committee, the Assistant United States Trade Representative
for African Affairs, and development agencies with respect to
developing and implementing the strategy.
SEC. 6. TRADE MISSION TO AFRICA.
It is the sense of Congress that, not later than 1 year
after the date of the enactment of this Act, the Secretary of
Commerce and other high-level officials of the United States
Government with responsibility for export promotion,
financing, and development should conduct a joint trade
mission to Africa.
SEC. 7. PERSONNEL.
(a) United States and Foreign Commercial Service.--
(1) In general.--The Secretary of Commerce shall ensure
that not less than 10 total United States and Foreign
Commercial Service officers are assigned to Africa for each
of the first 5 fiscal years beginning after the date of the
enactment of this Act.
(2) Assignment.--The Secretary shall, in consultation with
the Trade Promotion Coordinating Committee and the Special
Africa Export Strategy Coordinator, assign the United States
and Foreign Commercial Service officers described in
paragraph (1) to United States embassies or consulates in
Africa after conducting a timely resource allocation analysis
that represents a forward-looking assessment of future United
States trade opportunities in Africa.
(3) Multilateral development banks.--
(A) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary of Commerce shall,
using existing staff, assign not less than 1 full-time United
States and Foreign Commercial Service officer to be split
between the office of the United States Executive Director at
the World Bank and the African Development Bank.
(B) Responsibilities.--Each United States and Foreign
Commercial Service officer assigned under subparagraph (A)
shall be responsible for--
(i) increasing the access of United States businesses to
procurement contracts with the multilateral development bank
to which the officer is assigned; and
(ii) facilitating the access of United States businesses to
risk insurance, equity investments, consulting services, and
lending provided by that bank.
(b) Export-import Bank of the United States.--Of the
amounts collected by the Export-Import Bank that remain after
paying the expenses the Bank is authorized to pay from such
amounts for administrative expenses, the Bank shall use
sufficient funds to do the following:
(1) Increase the number of staff dedicated to expanding
business development for Africa, including increasing the
number of business development trips the Bank conducts to
Africa and the amount of time staff spends in Africa to meet
the goals set forth in section 9 and paragraph (5) of section
6(a) of the Export-Import Bank of 1945, as added by section
9(a)(2).
(2) Maintain an appropriate number of employees of the Bank
assigned to United States field offices of the Bank to be
distributed as geographically appropriate through the United
States. Such offices shall coordinate with the related export
efforts undertaken by the Small Business Administration
regional field offices.
(3) Upgrade the Bank's equipment and software to more
expeditiously, effectively, and efficiently process and track
applications for financing received by the Bank.
(c) United States International Development Finance
Corporation.--
(1) Staffing.--Of the net offsetting collections collected
by the United States International Development Finance
Corporation and used for administrative expenses, the
[[Page S1828]]
Corporation shall use sufficient funds to increase by not
more than 2 the staff needed to promote stable and
sustainable economic growth and development in Africa, to
strengthen and expand the private sector in Africa, and to
facilitate the general economic development of Africa, with a
particular focus on helping United States businesses expand
into African markets.
(2) Report.--The Corporation shall report to the
appropriate congressional committees on whether recent
technology upgrades have resulted in more effective and
efficient processing and tracking of applications for
financing received by the Corporation.
(3) Certain costs not considered administrative expenses.--
For purposes of this subsection, systems infrastructure costs
associated with activities authorized by the Better
Utilization of Investments Leading to Development Act of 2018
(22 U.S.C. 9601 et seq.) shall not be considered
administrative expenses.
(d) Rule of Construction.--Nothing in this section shall be
construed as permitting the reduction of personnel of the
Department of Commerce, the Department of State, the Export-
Import Bank of the United States, or the United States
International Development Finance Corporation or the
alteration of planned personnel increases in other regions,
except where a personnel decrease was previously anticipated
or where decreased export opportunities justify personnel
reductions.
SEC. 8. TRAINING.
The President shall develop a plan--
(1) to standardize the training received by United States
and Foreign Commercial Service officers, economic officers of
the Department of State, and economic officers of the United
States Agency for International Development with respect to
the programs and procedures of the Export-Import Bank of the
United States, the United States International Development
Finance Corporation, the Small Business Administration, and
the United States Trade and Development Agency; and
(2) to ensure that, not later than 1 year after the date of
the enactment of this Act--
(A) all United States and Foreign Commercial Service
officers that are stationed overseas receive the training
described in paragraph (1); and
(B) in the case of a country to which no United States and
Foreign Commercial Service officer is assigned, any economic
officer of the Department of State stationed in that country
receives that training.
SEC. 9. EXPORT-IMPORT BANK FINANCING.
(a) Financing for Projects in Africa.--
(1) Sense of congress.--It is the sense of Congress that
foreign export credit agencies are providing financing in
Africa that is not compliant with the Arrangement of the
Organisation for Economic Co-operation and Development, which
is trade distorting and threatens United States jobs.
(2) In general.--Section 6(a) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end
the following:
``(5) Percent of financing to be used for projects in
africa.--The Bank shall, to the extent that there are
acceptable final applications, increase the amount it
finances to Africa over the prior year's financing for each
of the first 5 fiscal years beginning after the date of the
enactment of the Increasing American Jobs Through Greater
Exports to Africa Act of 2021.''.
(3) Report required.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for 5
years, the Export-Import Bank of the United States shall
submit to the committees specified in subsection (d) a report
if the Bank has not used at least 10 percent of its lending
capabilities for projects in Africa as described in paragraph
(5) of section 6(a) of the Export-Import Bank of 1945, as
added by paragraph (2), during the preceding year.
(B) Elements.--Each report required by subparagraph (A)
shall include a description of--
(i) the reasons why the Bank failed to reach the goal
described in that subparagraph; and
(ii) all final applications for projects in Africa that the
Bank did not support.
(b) Availability of Portion of Capitalization to Compete
Against Foreign Concessional Loans.--
(1) In general.--The Bank shall make available annually
such amounts as are necessary for loans that counter trade-
distorting financing that is not compliant with the
Arrangement of the Organisation for Economic Co-operation and
Development or preferential, tied aid, or other related non-
market loans offered by other countries with which United
States businesses are also competing or interested in
competing.
(2) Report required.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for 5
years, the Export-Import Bank shall submit to the committees
specified in subsection (d) a report on all loans made or
rejected by the Bank during the preceding year that were
considered to counter trade-distorting financing that is not
compliant with the Arrangement of the Organisation for
Economic Co-operation and Development and was offered by
other countries to its firms.
(B) Inclusion.--Each report required by subparagraph (A)
shall include a description of the terms of the financing
described in that subparagraph offered by other countries to
firms that competed against the United States firms.
(c) Trade Secrets Act.--A report required by subsection
(a)(3) or subsection (b)(2) may not disclose any information
that is confidential or business proprietary, or that would
violate section 1905 of title 18, United States Code
(commonly referred to as the ``Trade Secrets Act'').
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 10. SMALL BUSINESS ADMINISTRATION.
Section 22(b) of the Small Business Act (15 U.S.C. 649(b))
is amended--
(1) in the matter preceding paragraph (1), by striking
``Director of the United States Trade and Development
Agency,'' and inserting ``the Director of the United States
Trade and Development Agency, the Trade Promotion
Coordinating Committee,''; and
(2) in paragraph (3), by inserting ``regional offices of
the Export-Import Bank of the United States,'' after
``Retired Executives,''.
SEC. 11. BILATERAL, SUBREGIONAL, AND REGIONAL, AND
MULTILATERAL AGREEMENTS.
(a) In General.--Where applicable, the President shall
explore opportunities to negotiate bilateral, subregional,
and regional agreements that encourage trade and eliminate
nontariff barriers to trade between countries, such as
negotiating investor-friendly double-taxation treaties and
investment promotion agreements.
(b) Agreements With African Countries.--To the extent any
agreement described in subsection (a) exists between the
United States and an African country, the President shall
ensure that the agreement is being implemented in a manner
that maximizes the positive effects for United States trade,
export, and labor interests as well as the economic
development of the countries in Africa.
(c) Consideration of Objectives.--United States negotiators
in multilateral fora should take into account the objectives
of this Act.
______
By Mr. DURBIN (for himself and Mr. Booker):
S. 1023. A bill to provide tax credits to low- to moderate-income
individuals for certain computer and education costs, to direct the
Federal Communications Commission to modify the requirements for the
Lifeline program to provide increased support, and for other purposes;
to the Committee on Finance.
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. 1023
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 ``Computer and Internet Access
Equity Act''.
SEC. 2. INCREASED LIFELINE SUPPORT.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Terms defined in regulations.--The terms defined in
section 54.400 of title 47, Code of Federal Regulations (or
any successor regulation), have the meanings given those
terms in that section.
(b) Regulations.--Not later than 14 days after the date of
enactment of this Act, the Commission shall promulgate
regulations to modify the requirements for the Lifeline
program set forth in subpart E of part 54 of title 47, Code
of Federal Regulations (as in effect on the date of enactment
of this Act) to provide for the following:
(1) The amount of Lifeline support that a provider of
Lifeline service may receive for providing such service to
each qualifying low-income consumer shall be increased by the
lesser of--
(A) $83.33 per month; or
(B) the amount needed to make the amount of Lifeline
support received by the provider equal to the cost of
providing such service, except that such cost may not exceed
the cost to the provider of providing an equivalent level of
voice telephony service or broadband internet access service
(as applicable) to a consumer who does not receive Lifeline
service.
(2) The percentage of the Federal Poverty Guidelines (as
specified in section 54.409(a)(1) of title 47, Code of
Federal Regulations) at or below which a consumer's household
income must be in order for the consumer to constitute a
qualifying low-income consumer on the basis of income shall
be increased to 435 percent.
(3) A provider of broadband internet access service shall
not be required to be designated as an eligible
telecommunications carrier under section 214(e) of the
Communications Act of 1934 (47 U.S.C. 214(e)) in order to
receive Lifeline support for providing such service to a
qualifying low-income consumer.
[[Page S1829]]
(c) Duration.--The modifications made by the regulations
promulgated under subsection (b) shall cease to have any
force or effect on the date that is 12 years after the date
on which the regulations are promulgated.
(d) Consumer Protections.--
(1) In general.--A provider of broadband internet access
service that receives Lifeline support for providing such
service to a qualified low-income consumer--
(A) shall provide such service to the consumer at a minimum
speed of 25 megabits per second for downloads and 3 megabits
per second for uploads, which minimum speed shall be
reevaluated and, if appropriate, increased by the Commission
not less frequently than once every 3 years;
(B) shall provide a level of customer service to the
consumer that is comparable to the customer service that the
provider provides to consumers of broadband internet access
service who do not receive Lifeline service;
(C) shall offer such service to each qualified low-income
consumer in the designated service area of the provider; and
(D)(i) shall advertise the availability of such service and
the charges therefore using media of general distribution
throughout the designated service area of the provider to
increase awareness among consumers (including non-English
speaking consumers) that they may be eligible for such
service; and
(ii) may partner with State agencies responsible for the
provision of social assistance and service programs in
conducting advertising under clause (i).
(2) Designated service area.--A State commission or the
Commission, as applicable, shall establish a designated
service area for a provider of broadband internet access
service described in paragraph (1) for purposes of that
paragraph in the same manner as the State commission or
Commission establishes a designated service area for a common
carrier under paragraph (5) or (6), as applicable, of section
214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)).
SEC. 3. INTERNET EDUCATION AND TRAINING GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Community-based organization.--The term ``community-
based organization'' has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).
(3) Digital literacy.--The term ``digital literacy'' means
the skills associated with using technology.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization;
(B) a not-for-profit social welfare organization; or
(C) a community-based organization.
(5) Federal poverty guidelines.--The term ``Federal Poverty
Guidelines'' means the Federal Poverty Guidelines used for
purposes of section 54.409(a)(1) of title 47, Code of Federal
Regulations (or any successor regulation).
(6) Household.--The term ``household'' has the meaning
given the term in section 54.400 of title 47, Code of Federal
Regulations (or any successor regulation).
(7) Income.--The term ``income'' has the meaning given the
term in section 54.400 of title 47, Code of Federal
Regulations (or any successor regulation).
(8) Nonprofit organization.--The term ``nonprofit
organization'' means an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(9) Not-for-profit social welfare organization.--The term
``not-for-profit social welfare organization'' means an
organization described in section 501(c)(4) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code.
(b) Grants Authorized.--Not later than 100 days after the
date of enactment of this Act, the Commission shall establish
a program to make grants on a competitive basis to eligible
entities to develop and carry out an internet safety
education or training program.
(c) Applications.--An eligible entity that wishes to
receive a grant under this section shall submit to the
Commission an application at such time, in such manner, and
containing such information as the Commission may require.
(d) Use of Funds.--An eligible entity that receives a grant
under this section shall use grant funds to--
(1) develop a program to provide internet education and
training, which may address cyberbullying, online privacy,
cybersecurity, and digital literacy, to individuals living in
households with an income at or below 435 percent of the
Federal Poverty Guidelines for households of the applicable
size; and
(2) provide such education or training to such individuals
through such program.
(e) Reports.--
(1) Reports to commission.--Not later than 3 years after
the date on which an eligible entity receives a grant under
this section, the eligible entity shall publish and submit to
the Commission a report that--
(A) describes the use of the grant by the eligible entity,
including the number of individuals served by the eligible
entity using grant funds;
(B) describes the progress of the eligible entity toward
fulfilling the objectives for which the grant was awarded;
and
(C) includes any additional information required by the
Commission.
(2) Report to congress.--Not later than 5 years after the
date of enactment of this Act, the Commission shall publish
and submit to Congress a report that--
(A) summarizes the data from the reports that the
Commission has received under paragraph (1); and
(B) assesses the effectiveness and cost-effectiveness of
the grant program established under this section.
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 4. CREDIT FOR COMPUTER COSTS.
(a) In General.--Subpart C of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 36B the following new section:
``SEC. 36C. CREDIT FOR COMPUTER COSTS.
``(a) In General.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal the lesser
of--
``(1) the amount of qualified computer costs paid or
incurred by the taxpayer during such taxable year,
``(2) $2,000 ($4,000 in the case of a joint return), or
``(3) an amount equal to $10,000 ($20,000 in the case of a
joint return) minus the sum of any credits allowed to the
taxpayer under this section for any preceding taxable year.
``(b) Qualified Computer Costs.--For purposes of this
section, the term `qualified computer costs' means amounts
paid or incurred for computers, printers, and other
education-related technology.
``(c) Limitation Based on Adjusted Gross Income.--With
respect to any taxable year, the $2,000 amount (or, in the
case of a joint return, $4,000 amount) in subsection (a)(2)
shall be reduced by an amount equal to 5 percent of so much
of the taxpayer's adjusted gross income for such taxable year
as exceeds--
``(1) $72,000 in the case of a joint return,
``(2) $54,000 in the case of a head of household, and
``(3) $36,000 in the case of a taxpayer not described in
paragraph (1) or (2).
``(d) Eligible Individual.--The term `eligible individual'
means any individual other than--
``(1) any nonresident alien individual,
``(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
year beginning in the calendar year in which the individual's
taxable year begins, and
``(3) an estate or trust.
``(e) Application of Section.--This section shall only
apply to qualified computer costs incurred by the taxpayer
after December 31, 2020, and before January 1, 2033.''.
(b) Advance Payment of Credit.--
(1) In general.--Chapter 77 of the Internal Revenue Code of
1986, as amended by section 9611(b) of the American Rescue
Plan Act of 2021 (Public Law 117-2), is amended by inserting
after section 7527A the following new section:
``SEC. 7527B. ADVANCE PAYMENT OF CREDIT FOR COMPUTER COSTS.
``(a) In General.--As soon as practicable after the date of
the enactment of this section, the Secretary shall establish
a program for making advance payments of the credit allowed
under section 36C (determined without regard to subsection
(e) of such section), on such basis as the Secretary
determines to be administratively feasible, to taxpayers
determined to be eligible for advance payment of such credit.
``(b) Limitation.--
``(1) In general.--The Secretary may make payments under
subsection (a) only to the extent that the total amount of
such payments made to any taxpayer during the taxable year
does not exceed the amount of the credit determined under
subsection (a) of section 36C, as determined based on
application of subsection (c) of such section using the
adjusted gross income of the taxpayer for the most recent
taxable year for which a return has been filed during any of
the preceding 3 taxable years.
``(2) Non-filers.--In the case of any taxpayer who has not
filed a return during the period described in paragraph (1),
such paragraph shall be applied without regard to subsection
(c) of section 36C.''.
(2) Reconciliation of credit and advance credit.--Section
36C of such Code, as added by subsection (a), is amended--
(A) by redesignating subsection (e) as subsection (f); and
(B) by inserting after subsection (d) the following new
subsection:
``(e) Reconciliation of Credit and Advance Credit.--
``(1) In general.--The amount of the credit allowed under
this section for any taxable year shall be reduced (but not
below zero) by the aggregate amount of any advance payments
of such credit under section 7527B for such taxable year.
``(2) Excess advance payments.--
``(A) In general.--If the aggregate amount of advance
payments under section 7527B for the taxable year exceeds the
amount of the credit allowed under this section for such
taxable year (determined without regard to paragraph (1)),
the tax imposed by this chapter for such taxable year shall
be increased by the amount of such excess.
``(B) Return requirement.--If the tax imposed by this
chapter for the taxable year is
[[Page S1830]]
increased under this paragraph, the taxpayer shall,
notwithstanding section 6012, be required to file a return
with respect to the taxes imposed under this subtitle.''.
(c) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of the Internal Revenue Code of
1986 is amended--
(A) by inserting ``36C,'' after ``36B,'', and
(B) by striking ``and 7527A'' and inserting ``7527A, and
7527B''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended--
(A) by inserting ``36C,'' after ``36B,'', and
(B) by striking ``or 7527A'' and inserting ``7527A, or
7527B''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to
section 36B the following new item:
``Sec. 36C. Credit for Computer Costs.''.
(4) The table of sections for chapter 77 of such Code is
amended by inserting after the item relating to section 7527A
the following new item:
``Sec. 7527B. Advance payment of credit for computer costs.''.
(d) Public Awareness Campaign.--The Secretary of the
Treasury (or the Secretary's delegate) shall conduct a public
awareness campaign, in coordination with the Commissioner of
Social Security, the Secretary of Veterans Affairs, and the
heads of other relevant Federal and State agencies, to
provide information to the public (including non-English
speaking populations) regarding the availability of the
credit allowed under section 36C of the Internal Revenue Code
of 1986 and advance payment of such credit pursuant to
section 7527B of such Code (as added by this section).
(e) Effective Date.--The amendments made by this section
shall apply to costs incurred in taxable years beginning
after December 31, 2020.
______
By Mr. THUNE (for himself, Mrs. Shaheen, and Mrs. Fischer):
S. 1058. A bill to amend the Small Business Investment Act of 1958 to
provide opportunities to rural business investment companies, and for
other purposes; to the Committee on Small Business and
Entrepreneurship.
Mr. THUNE. 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. 1058
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 ``Rural Capital Access Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Administration'' means the Small Business
Administration;
(2) the term ``Administrator'' means the Administrator of
the Administration;
(3) the term ``appropriate committees of Congress'' means--
(A) the Committee on Small Business and Entrepreneurship of
the Senate;
(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(C) the Committee on Small Business of the House of
Representatives; and
(D) the Committee on Agriculture of the House of
Representatives;
(4) the term ``rural business investment company'' has the
meaning given the term in section 384A of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009cc);
(5) the term ``Secretary'' means the Secretary of
Agriculture; and
(6) the term ``working group'' means the interagency
working group established under section 4(a).
SEC. 3. RURAL BUSINESS INVESTMENT.
(a) In General.--The Small Business Investment Act of 1958
(15 U.S.C. 661 et seq.) is amended--
(1) in part A of title III (15 U.S.C. 681 et seq.)--
(A) in section 303(b)(2) (15 U.S.C. 683(b)(2)), by adding
at the end the following:
``(E) Investments in rural areas.--
``(i) Definition.--In this subparagraph, the term `rural
area' has the meaning given the term in section 343(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a)).
``(ii) Additional leverage.--
``(I) In general.--In calculating the outstanding leverage
of a company for the purposes of subparagraph (A), the
Administrator shall not include the amount of the cost basis
of any equity investment made by the company in a smaller
enterprise located in a rural area if the Administrator,
after performing an appropriate evaluation, determines that
such an exclusion will not result in additional risk to the
Administration or the Federal Government.
``(II) Limitation.--The amount excluded under subclause (I)
for a company shall not exceed $25,000,000 in any fiscal
year.'';
(B) in section 308(g)(3) (15 U.S.C. 687(g)(3))--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) the total number of rural business investment
companies, as defined in section 321(a), that received
leverage from the Administration under section 321 in the
previous year, including the amount of that leverage that
each such rural business investment company received.'';
(C) in section 310(d)(1)(A) (15 U.S.C. 687b(d)(1)(A)), by
inserting ``(including each rural business investment company
that receives leverage under section 321)'' after ``Each
licensee''; and
(D) by adding at the end the following:
``SEC. 321. RURAL BUSINESS INVESTMENT COMPANIES.
``(a) Definitions.--In this section--
``(1) the term `covered amounts' means, with respect to a
fiscal year, the amounts made available for that fiscal year
to grant leverage under this part to small business
investment companies;
``(2) the term `rural business investment company' has the
meaning given the term in section 384A of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009cc); and
``(3) the term `Secretary' means the Secretary of
Agriculture.
``(b) Leverage.--
``(1) In general.--Subject to paragraph (2), if the
Administration determines under subsection (c) that the
Administration will be unable to expend all of the covered
amounts for a particular fiscal year, the Administration
shall expend those unexpended covered amounts for that fiscal
year to grant leverage to rural business investment companies
for the purposes described in this part if, with respect to
that fiscal year, the Secretary determines that the Secretary
is unable to grant leverage to rural business investment
companies in a manner that is sufficient to satisfy the
leverage needs of those rural business investment companies.
``(2) Conditions.--With respect to leverage granted by the
Administration to a rural business investment company under
paragraph (1)--
``(A) the amount of the leverage made available shall be
subject to the limitations under section 303(b)(2);
``(B) for the purposes of subparagraph (A), any leverage
granted by the Secretary to the rural business investment
company under the program carried out under subtitle H of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc
et seq.) shall be included when determining the maximum
amount of outstanding leverage that may be made available to
the rural business investment company under this section; and
``(C) the Administration, in consultation with the
Secretary, shall--
``(i) impose such terms and conditions with respect to the
leverage that the Administration and the Secretary determine
to be appropriate; and
``(ii) in developing the terms and conditions described in
clause (i)--
``(I) ensure, to the maximum extent practicable, that those
terms and conditions are not--
``(aa) duplicative of other requirements applicable to
rural business investment companies; or
``(bb) otherwise unnecessary; and
``(II) take into consideration how rural business
investment companies that have been issued a license by the
Secretary under section 384D(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc-3(e)) before the date
of enactment of this section could qualify to receive that
leverage.
``(c) Internal Evaluation.--Not later than June 1 of each
year, the Administration shall perform an evaluation to
determine whether the Administration will be unable to expend
all of the covered amounts for the fiscal year in which the
evaluation is made.''; and
(2) in section 503(g) (15 U.S.C. 697(g)), by inserting ``,
and with respect to leverage granted under section 321,''
after ``retained by the Administration under this section''.
(b) SBA Requirements.--
(1) Establishment of application process.--Not later than
180 days after the date of enactment of this Act, the
Administrator, in consultation with the Secretary, shall
establish a process through which a rural business investment
company may apply for leverage granted under section 321 of
the Small Business Investment Act of 1958, as added by
subsection (a) of this section.
(2) Update to rules.--Not later than 180 days after the
date of enactment of this Act, and in addition to the process
established under paragraph (1), the Administrator shall make
any updates to the rules of the Administration that are
necessary as a result of this section and the amendments made
by this section.
SEC. 4. INTERAGENCY WORKING GROUP.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator, in consultation
with the Secretary, shall establish an interagency working
group to develop--
(1) administrative recommendations for improving the
coordination between the Administration and the Department of
Agriculture in administering the program carried out under
part A of title III of the Small Business Investment Act of
1958 (15 U.S.C. 681 et seq.) and the program carried out
under subtitle H of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc et seq.), respectively; and
(2) legislative recommendations for improving capital
access and investment in rural areas of the United States
through the programs described in paragraph (1), including by
increasing the number of licensees under those programs.
[[Page S1831]]
(b) Members.--
(1) In general.--The Administrator, in consultation with
the Secretary, shall appoint to the working group such
representatives from the Administration and the Department of
Agriculture, and such non-Federal industry stakeholders, as
the Administrator, in consultation with the Secretary,
determines to be appropriate.
(2) Compensation.--No member of the working group may
receive any compensation by reason of the service of the
member on the working group.
(c) Report to Congress.--Not later than 180 days after the
date on which the working group is established under
subsection (a), the working group shall submit to the
appropriate committees of Congress a report that contains--
(1) the administrative actions that the Administration and
the Department of Agriculture should take to make the
improvements described in paragraph (1) of that subsection;
and
(2) the legislative recommendations described in paragraph
(2) of that subsection.
(d) Termination.--The working group shall terminate upon
submission of the report required under subsection (c).
(e) Implementation of Recommendations.--Not later than 90
days after the date on which the working group submits the
report required under subsection (c), the Administration and
the Department of Agriculture shall take the administrative
actions described in paragraph (1) of that subsection.
(f) Inapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the working group or the activities of
the working group.
____________________