Conrad

The Senate will come to order to vote on the amendment offered by the Senator from Georgia, all those in favor, please signify by saying 'aye.' All those opposed, please signify by saying 'no.' The clerk will tally the results, and we will proceed accordingly. This vote will last 24 hours.

To add and renumber accordingly

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SEC. X. 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.

“(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.

January 24

The Senate will come to order to vote on the amendment offered by the Senator from Georgia, all those in favor, please signify by saying 'aye.' All those opposed, please signify by saying 'no.' The clerk will tally the results, and we will proceed accordingly. This vote will last 24 hours.

To add and renumber accordingly

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SEC. X. Acquitted conduct at sentencing.

(a) Use of information for sentencing.—

(1) AMENDMENT.—Section 3661 of title 18, United States Code, is amended by inserting “, except that a court of the United States shall not consider, except for purposes of mitigating a sentence, acquitted conduct under this section” before the period at the end.

(2) APPLICABILITY.—The amendment made by paragraph (1) shall apply only to a judgment entered on or after the date of enactment of this Act.

(b) Definitions.—Section 3673 of title 18, United States Code, is amended—

(1) in the matter preceding paragraph (1), by striking “As” and inserting the following:

“(a) As”; and

(2) by adding at the end the following:

“(b) As used in this chapter, the term ‘acquitted conduct’ means—

“(1) an act—

“(A) for which a person was criminally charged and adjudicated not guilty after trial in a Federal, State, or Tribal court; or

“(B) in the case of a juvenile, that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing; or

“(2) any act underlying a criminal charge or juvenile information dismissed—

“(A) in a Federal court upon a motion for acquittal under rule 29 of the Federal Rules of Criminal Procedure; or

“(B) in a State or Tribal court upon a motion for acquittal or an analogous motion under the applicable State or Tribal rule of criminal procedure.”.

January 24

The Senate will come to order to vote on the amendment offered by myself, all those in favor, please signify by saying 'aye.' All those opposed, please signify by saying 'no.' The clerk will tally the results, and we will proceed accordingly. This vote will last 24 hours.

To add and renumber accordingly:

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Section X. Opioid Grant Program

The Department of Justice shall award grants to state, local, and tribal governments to provide opioid abuse services, including but not limited to:

enhancing collaboration between criminal justice and substance abuse agencies;

developing, implementing, or expanding programs to prevent, treat, or respond to opioid abuse

training first responders to administer opioid overdose reversal drugs

investigating unlawful opioid distribution activities

There shall be appropriated the sum of $1,000,000,000 to carry out this part for each of the fiscal years 2025 through 2030.

The Department of Justice Inspector General shall carry out an annual audit of the recipients of the grant program.

January 24

The Senate will come to order to vote on the amendment offered by myself, all those in favor, please signify by saying 'aye.' All those opposed, please signify by saying 'no.' The clerk will tally the results, and we will proceed accordingly. This vote will last 24 hours.

To add and renumber accordingly:

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Section X. JUVENILE EXPUNGEMENT AND SEALING

(a) Purpose - The purpose of this section is to protect children and adults against damage stemming from their juvenile acts and subsequent juvenile delinquency records, including law enforcement, arrest, and court records where first time, non violent, drug use is committed.

(b) In general - Not withstanding any other provisions of the law, a juvenile (a person under the age of 21 for the purposes of this section) who is a first time, non-violent offender of drug use under the Controlled Substances Act and the Controlled Substances Import And Export Act where a minimum mandatory sentence is applied, shall, upon release and completion of all probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, shall have his or her record expunged and sealed upon written notification by the Department of Justice to the responsible court.

(c) If the Department of Justice fail, within 6 months to notify the court, the court must then notify the person that they are liable to have their records expunged and sealed.

(d) If a court orders the sealing of a juvenile record of a person under subsection (b) with respect to a juvenile nonviolent offense, where other parts of this act are concerned, 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.

(e) Prohibition - 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. Any person who violates part (e) of this section shall be fined under this title, imprisoned for not more than 1 year, or both.

(f) Background Checks - In the case of a background check for law enforcement employment or for any employment that requires a government security clearance, a person who is the subject of a juvenile record sealed under this section shall disclose the contents of the record. This shall also apply to the United States Military.

(g) Criminal 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.

(h) A person who is the subject of a juvenile record sealed under this section may choose to disclose the record.

(i) Nothing in this section may be construed as making a juvenile offender eligible for a non-mandatory sentence. This section shall apply to both sealing and expungement.

January 24

The Senate will come to order to vote on the amendment offered by the Senator from California, all those in favor, please signify by saying 'aye.' All those opposed, please signify by saying 'no.' The clerk will tally the results, and we will proceed accordingly. This vote will last 24 hours.

To strike section 5:

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~~SEC. 5. SELF-DEFENSE RIGHTS FOR LAW ENFORCEMENT OFFICERS.~~

~~(a) In General.—Chapter 203 of title 18, United States Code, is amended by inserting after section 3053 the following:~~

“§ 3054. Authority of law enforcement officers to carry firearms
“Any sworn officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law, or to supervise or secure the safety of incarcerated inmates, may carry firearms if authorized by law to do so. Such authority to carry firearms, with respect to the lawful performance of the official duties of a sworn officer, agent, or employee of a State or a political subdivision thereof, shall include possession incident to depositing a firearm within a secure firearms storage area for use by all persons who are authorized to carry a firearm within any building or structure classified as a Federal facility or Federal court facility, as those terms are defined under section 930, and any grounds appurtenant to such a facility.”.

~~(b) Carrying Of Concealed Firearms By Qualified Law Enforcement Officers.—Section 926B(e)(2) of title 18, United States Code, is amended by inserting “any magazine and” after “includes”.~~

(c) Carrying Of Concealed Firearms By Qualified Retired Law Enforcement Officers.—Section 926C(e)(1)(B) of title 18, United States Code, is amended by inserting “any magazine and” after “includes”.

~~(d) School Zones.—Section 922(q)(2)(B)(vi) of title 18, United States Code, is amended by inserting “or a qualified law enforcement officer (as defined in section 926B(c))” before the semicolon.~~

(e) Regulations Required.—Not later than 60 days after the date of enactment of this Act, the Attorney General shall promulgate regulations allowing persons described in section 3054 of title 18, United States Code, to possess firearms in a manner described by that section. With respect to Federal justices, judges, bankruptcy judges, and magistrate judges, such regulations shall be prescribed after consultation with the Judicial Conference of the United States.

~~(f) Table Of Sections.—The table of sections for chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3053 the following:~~

~~“3054. Authority of law enforcement officers to carry firearms.”.~~

~~(g) Further Amendment.—Section 930 of title 18, United States Code, is amended—~~

~~(1) in subsection (d)—~~

~~(A) in paragraph (2), by striking “or” at the end;~~

~~(B) in paragraph (3), by striking the period at the end and inserting “or”; and~~

~~(C) by adding at the end the following:~~

“(4) the possession of a firearm or ammunition in a Facility Security Level I or II civilian public access facility by a qualified law enforcement officer (as defined in section 926B(c)) or a qualified retired law enforcement officer (as defined in section 926C(c)).”; and

~~(2) in subsection (g), by adding at the end the following:~~

“(4) The term ‘Facility Security Level’ means a security risk assessment level assigned to a Federal facility by the security agency of the facility in accordance with the biannually issued Interagency Security Committee Standard.

~~“(5) The term ‘civilian public access facility’ means a facility open to the general public.”.~~

January 24

The Senate will come to order to vote on the amendment offered by the Senator from New Jersey, all those in favor, please signify by saying 'aye.' All those opposed, please signify by saying 'no.' The clerk will tally the results, and we will proceed accordingly. This vote will last 24 hours.

To add and renumber accordingly:

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SEC. X. Director of the Bureau of Prisons.

(a) In general.—Section 4041 of title 18, United States Code, is amended by striking “appointed by and serving directly under the Attorney General.” and inserting the following: “who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall serve directly under the Attorney General.”.

(b) Incumbent.—Notwithstanding the amendment made by subsection (a), the individual serving as the Director of the Bureau of Prisons on the date of enactment of this Act may serve as the Director of the Bureau of Prisons until the date that is 3 months after the date of enactment of this Act.

(c) Rule of construction.—Nothing in this Act shall be construed to limit the ability of the President to appoint the individual serving as the Director of the Bureau of Prisons on the date of enactment of this Act to the position of Director of the Bureau of Prisons in accordance with section 4041 of title 18, United States Code, as amended by subsection (a).

(d) Term.—

(1) IN GENERAL.—Section 4041 of title 18, United States Code, as amended by subsection (a), is amended by inserting after “consent of the Senate.” the following: “The Director shall be appointed for a term of 10 years, except that an individual appointed to the position of Director may continue to serve in that position until another individual is appointed to that position, by and with the advice and consent of the Senate. An individual may not serve more than 1 term as Director.”.

(2) APPLICABILITY.—The amendment made by paragraph (1) shall apply to appointments made on or after the date of enactment of this Act.

January 24

On 1/19/2024 at 7:01 PM, jakeakins said:

Mr. President,

I second the Minority leaders motion.

I yield.

Starnes I

January 24

The Senate will come to order to vote on the amendment offered by the Minority Leader, all those in favor, please signify by saying 'aye.' All those opposed, please signify by saying 'no.' The clerk will tally the results, and we will proceed accordingly. This vote will last 24 hours.

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SEC. 2. PROTECTION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES.

(a) Findings.— Congress finds the following:

(1) Officers and employees of the United States Government dutifully and faithfully serve the United States, often placing themselves at serious risk of death or bodily harm, in order to preserve, protect, and defend the interests of the United States.

(2) In prohibiting the assaulting, resisting, or impeding of officers and employees of the United States Government, Congress intended to maximize protection for Federal officers and employees and ensure that individuals who kill or assault Federal officers or employees are prosecuted.

(3) The United States Court of Appeals for the Sixth Circuit analyzed section 111 of title 18, United States Code, correctly when it found, “Categorizing § 111(a)(1) as a general intent crime furthers the congressional objective: ‘If a person acts in a manner which is assaultive toward a federal official, without specifically intending harm or the apprehension of imminent harm, the official still would be impeded in the performance of his official duties.’” United States v. Kimes, 246 F.3d 800, 809 (6th Cir. 2001), quoting United States v. Jennings, 855 F. Supp. 1427, 1440 (M.D. Pa. 1994).

(4) Federal courts, including the United States Courts of Appeals for the Second, Fourth, Sixth, Seventh, Eighth, Ninth, and Eleventh Circuits, have correctly interpreted section 111 of title 18, United States Code, to be a crime of general intent rather than a crime of specific intent.

(5) Other Federal courts, including the United States Courts of Appeals for the First, Fifth, and Tenth Circuits, have issued decisions with language arguably suggesting that section 111 of title 18, United States Code, is a crime of specific intent rather than a crime of general intent, creating the appearance of a split among the United States courts of appeals.

(6) In light of the appearance of a split among the United States courts of appeals described in paragraph (5), it has become necessary for Congress to clarify its original intent that section 111 of title 18, United States Code, is a crime of general intent.

~~(b) Amendment.—Section 111 of title 18, United States Code, is amended by adding at the end the following:~~

~~“(d) Knowledge Of Defendant.—In a prosecution for an offense under subsection (a), the Government need not prove that the defendant—~~

~~“(1) knew that the victim of the offense was a person designated in section 1114 or performed official duties during service as a person so designated; or~~

~~“(2) acted with any intent greater than knowledge.”.~~

January 24

Cloture has not been agreed to. Debate will continue.

January 24

The voting period has ended. On the motion to invoke cloture there were 41 Senators in favor, with 59 against. The motion to invoke cloture fails and debate will continue.

January 23

Aye

January 23

DonVinachelli II

January 23

The Senate will come to order to vote on the amendment offered by the gentleman from New Jersey, all those in favor, please signify by saying 'aye.' All those opposed, please signify by saying 'no.' The clerk will tally the results, and we will proceed accordingly. This vote will last 24 hours.

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SEC. X. HUD INVESTIGATION AND REPORT ON HOUSING PRICES.

(a) Investigation.—

(1) IN GENERAL.—The Secretary shall conduct an investigation to determine if the prices for rental housing units or sale of single-family housing are being manipulated by reducing housing capacity or by any other form of market manipulation or artificially increased by price gouging practices.

(2) CONSIDERATION.—In conducting the investigation under paragraph (1), the Secretary may consider the impact of mergers and acquisitions in the real estate industry, including mergers and acquisitions involving developers, managers, owners, and investors.

(b) Report.—

(1) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the investigation conducted under subsection (a).

(2) CONTENTS.—The report shall include—

(A) a long-term strategy for the Department of Housing and Urban Development and the Congress to address manipulation of rental housing markets and markets for sale of single-family housing, and in preparing the strategy the Secretary shall utilize data on race, gender, and socioeconomic status; and

(B) a description and analysis of how non-occupant investors in single-family housing impact underserved and minority communities.

(c) Exemption From Paperwork Reduction Act.—Chapter 35 of title 44, United States Code, shall not apply to the collection of information under subsection (a).

(d) Authorization Of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for fiscal year 2024.

SEC. X. HOUSING COST MONITORING AND ENFORCEMENT WITHIN HUD.

(a) Establishment Of The Housing Monitoring And Enforcement Unit.—

(1) IN GENERAL.—The Secretary shall establish within the Department of Housing and Urban Development the Housing Monitoring and Enforcement Unit (in this section referred to as the “Unit”).

(2) DUTIES OF THE UNIT.—

(A) PRIMARY RESPONSIBILITY.—The primary responsibility of the Unit shall be to assist the Secretary in protecting the public interest by continuously and comprehensively collecting, monitoring, and analyzing rental housing market data, data for markets for sale of single-family housing, and data on investor-owned, non-owner occupied housing units, in order to—

(i) support transparent and competitive market practices;

(ii) identify any market manipulation, including by collecting and analyzing data on race, gender, and socioeconomic status, any reporting of false information, any use of market power to disadvantage consumers, or any other unfair method of competition; and

(iii) facilitate enforcement of penalties against persons in violation of relevant statutory prohibitions.

(B) SPECIFIC DUTIES.—In order to carry out the responsibility under subparagraph (A), the Unit shall assist the Secretary in carrying out the following duties:

(i) Receiving, compiling, and analyzing relevant buying and selling activity in order to identify and investigate anomalous market trends and suspicious behavior.

(ii) Determining whether excessive concentration or exclusive control of housing-related infrastructure may allow or result in anti-competitive behaviors.

(iii) Obtaining a data-sharing agreement with State and local jurisdictions, housing agencies, and relevant public and private data sources to receive and archive information on housing purchases by institutional investors within a given area.

SEC. X. INVESTIGATIONS OF EXCESSIVE HOUSING PURCHASES.

(a) The Secretary shall monitor purchases of single-family housing in each housing market area in the United States, as determined by the Secretary, to determine whether any single purchaser of such housing, including any purchaser that is an institutional investor, is purchasing an excessive amount of such housing made available for sale in any such market area. If the Secretary determines that any single purchaser has purchased more than 5 percent of the single-family housing made available for sale in any market area over a 3-year period, or if, in aggregate, large institutional investors have purchased more than 25 percent of the single-family housing made available for sale in any market area over a 1-year period, the Secretary shall conduct an investigation to determine the purposes of and circumstances involved in such purchases, including price gouging, market manipulation, and unfair investment practices that drive homeowners out of the market.

January 23

On 1/21/2024 at 11:47 PM, Conrad said:

Is the lady from Hawaii seconding both amendments?

@DMH

The first amendment will be adopted clerically. I will assume that the lady is then seconding the second amendment,

January 23

Bank Account is here

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