[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.

                          ____________________