[Congressional Record Volume 165, Number 27 (Tuesday, February 12, 2019)]
[Senate]
[Pages S1277-S1279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REED (for himself, Mr. Whitehouse, Mr. Durbin, Ms. 
        Klobuchar, Ms. Smith, Mr. Cardin, Mr. Van Hollen, and Ms. 
        Duckworth):
  S. 456. A bill to provide for the adjustment of status of certain 
nationals of Liberia to that of lawful permanent residents, and for 
other purposes; to the Committee on the Judiciary.
  Mr. REED. Mr. President, today I am reintroducing the Librarian 
Refugee Immigration Fairness Act. I am pleased to be joined in this 
effort by Senators Whitehouse, Durbin, Klobuchar, Smith, Cardin, and 
Van Hollen.
  In 1989, a seven-year civil war broke out in Liberia that claimed the 
lives of over 200,000 people, displaced over half of the Liberian 
population, halted food production, and destroyed the country's 
infrastructure and economy. A second civil war then followed from 1999 
to 2003, further destabilizing the country and creating more turmoil 
and hardship for its people. Then from 2014 to 2016, Liberia faced an 
Ebola virus outbreak that devastated the country's fragile health 
system and killed nearly 5,000 people. As a result of these tragedies, 
thousands of Liberians sought refuge in the United States, living and 
working here under the Temporary Protected Status (TPS) and Deferred 
Enforced Departure (DED) systems, extended under both Republican and 
Democratic administrations beginning in 1991.
  The reality is that for more than a quarter of a century, the United 
States has been home to law-abiding and taxpaying Liberians. They fled 
violence, turmoil, and disease to come here. Many now have children who 
are American citizens, some of whom serve in the Armed Forces. They 
have worked hard, played by the rules, paid their dues, and submitted 
to rigorous vetting.
  But now, as a result of President Trump's decision to terminate DED 
for Liberians, this population could face the risk of deportation on 
March 31st. Uprooting them now would be cruel and harmful to them, 
their families, employers, and communities.
  And while things are improving on the ground in Liberia, following 
the first democratic transition of power in decades, there are still 
serious concerns about the country's stability and ability to maintain 
peace and deliver essential services to its population. So though few 
in number, the influx of Liberians from the United States could 
overburden the country's limited infrastructure and reverse the 
progress that the Liberian people and government have made.
  Given these challenges, we believe that it is in the national 
security, foreign policy, and humanitarian interest of the United 
States for this population to remain here. I have introduced the 
Liberian Refugee Immigration Fairness Act in every Congress since 1999 
because this community deserves a long-term solution after decades of 
uncertainty. This bill provides legal status and a pathway to 
citizenship for qualifying Liberians. I have worked with several of my 
colleagues over the years to include this pathway in comprehensive 
immigration reform bills that passed this body only to die in the House 
of Representatives.
  The Liberian Refugee Immigration Fairness Act would end the perpetual 
limbo for Liberians here in the United States and ensure our security 
interests in fostering Liberia's continuing postwar and post-Ebola 
recovery. This legislation offers much-needed certainty for the 
Liberian community, and it should be part of any bipartisan and 
comprehensive solution for our broken immigration system. I thank 
Senators Whitehouse, Durbin, Klobuchar, Smith, Cardin, and Van Hollen 
for cosponsoring this bill and urge our colleagues to join us to 
finally provide a pathway to citizenship for eligible Liberians who 
contribute so much to our American community.
                                 ______
                                 
      By Mr. DURBIN (for himself and Ms. Duckworth):
  S. 458. A bill to require the Administrator of the Environmental 
Protection Agency to revise certain ethylene oxide emissions standards 
under the Clean Air Act, and for other purposes; to the Committee on 
Environment and Public Works.
  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. 458

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

     SECTION 1. ETHYLENE OXIDE EMISSIONS STANDARDS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency (referred to in this section as the 
     ``Administrator'') shall amend--
       (1) subparts O and FFFF of part 63 of title 40, Code of 
     Federal Regulations, to revise the standards for the emission 
     of ethylene oxide under those subparts based on the results 
     described in the report of the National Center

[[Page S1278]]

     for Environmental Assessment of the Environmental Protection 
     Agency entitled ``Evaluation of the Inhalation 
     Carcinogenicity of Ethylene Oxide'' and dated December 2016; 
     and
       (2) subpart O of part 63 of title 40, Code of Federal 
     Regulations, to apply maximum achievable control technology 
     (within the meaning of the Clean Air Act (42 U.S.C. 7401 et 
     seq.)) requirements to chamber exhaust vents.
       (b) Notification.--
       (1) In general.--Not later than 30 days after the 
     Administrator learns of a violation of the standards revised 
     under subsection (a), the Administrator shall notify the 
     public of the violation in a manner determined to be 
     appropriate by the Administrator.
       (2) Failure to notify.--If the Administrator fails to 
     notify the public under paragraph (1) by the end of the 
     period described in that paragraph, the Inspector General of 
     the Environmental Protection Agency shall carry out an 
     investigation to determine--
       (A) the reason or reasons for which the Administrator 
     failed to notify the public;
       (B) the public health risks associated with the failure of 
     the Administrator to notify the public; and
       (C) any steps the Administrator should take to ensure the 
     Administrator meets the requirements described in paragraph 
     (1) in the future.
                                 ______
                                 
      By Mr. SCOTT of South Carolina (for himself, Mr. Coons, Mr. 
        Perdue, Mr. Jones, Mr. Wicker, Ms. Harris, Mrs. Blackburn, Mr. 
        Kaine, Mrs. Hyde-Smith, Mr. Van Hollen, Mr. Tillis, Mr. Booker, 
        Ms. Klobuchar, Ms. Warren, Mr. Sanders, and Mr. Braun):
  S. 461. A bill to strengthen the capacity and competitiveness of 
historically Black colleges and universities through robust public-
sector, private-sector, and community partnerships and engagement, and 
for other purposes; considered and passed.

                                 S. 461

       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 ``HBCU Propelling Agency 
     Relationships Towards a New Era of Results for Students Act'' 
     or the ``HBCU PARTNERS Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) As many colleges and universities across the country 
     kept their doors closed to African American applicants, 
     historically Black colleges and universities (referred to in 
     this section as ``HBCUs'') played a central role in ensuring 
     that African Americans could attain an excellent education.
       (2) Today, HBCUs continue to play a critical role in 
     ensuring that African Americans, and those of all races, can 
     access high-quality educational opportunities.
       (3) HBCUs enroll nearly 300,000 students, an estimated 70 
     percent of whom come from low-income backgrounds and 80 
     percent of whom are African American.
       (4) According to the National Association For Equal 
     Opportunity In Higher Education, HBCUs make up just 3 percent 
     of American institutions of higher education but serve more 
     than a fifth of African American college students.
       (5) A March 2017 report from the Education Trust concluded 
     that HBCUs have higher completion rates for African American 
     students than other institutions serving similar student 
     populations.
       (6) In 2014, HBCUs generated a total direct economic impact 
     of $14,800,000,000 and created more than 134,000 jobs, 
     according to a study commissioned by the United Negro College 
     Fund (referred to in this section as ``UNCF'').
       (7) According to the Thurgood Marshall College Fund 
     (referred to in this section as ``TMCF''), 40 percent of 
     African American Members of Congress, 50 percent of African 
     American lawyers, and 80 percent of African American judges 
     are graduates of HBCUs.
       (8) According to UNCF, in 2013, HBCUs awarded a quarter of 
     all science, technology, engineering, and mathematics 
     bachelor's degrees awarded to African Americans.
       (9) According to TMCF, approximately 9 percent of all 
     African American college students attend HBCUs.
       (10) According to UNCF, African American graduates of HBCUs 
     are almost twice as likely as African Americans who graduated 
     from other institutions to report that their university 
     prepared them well for life.
       (b) Purposes.--The purposes of this Act are--
       (1) to strengthen the capacity and competitiveness of HBCUs 
     to fulfill their principal mission of equalizing educational 
     opportunity, as described in section 301(b) of the Higher 
     Education Act of 1965 (20 U.S.C. 1051(b));
       (2) to align HBCUs with the educational and economic 
     competitiveness priorities of the United States;
       (3) to provide students enrolled at HBCUs with the highest 
     quality educational and economic opportunities;
       (4) to bolster and facilitate productive interactions 
     between HBCUs and Federal agencies; and
       (5) to encourage HBCU participation in and benefit from 
     Federal programs, grants, contracts, and cooperative 
     agreements.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Applicable agency.--The term ``applicable agency'' 
     means any Federal agency designated by the Secretary, in 
     accordance with section 4.
       (2) Executive director.--The term ``Executive Director'' 
     means--
       (A) the Executive Director of the White House Initiative on 
     Historically Black Colleges and Universities, as designated 
     by the President; or
       (B) if no such Executive Director is designated, such 
     person as the President may designate to lead the White House 
     Initiative on Historically Black Colleges and Universities.
       (3) HBCU.--The term ``HBCU'' means a historically Black 
     college or university.
       (4) Historically black college or university.--The term 
     ``historically Black college or university'' has the meaning 
     given the term ``part B institution'' under section 322 of 
     the Higher Education Act of 1965 (20 U.S.C. 1061).
       (5) President's board of advisors.--The term ``President's 
     Board of Advisors'' means the President's Board of Advisors 
     on historically Black colleges and universities.
       (6) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Education.
       (7) White house initiative.--The term ``White House 
     Initiative'' means the White House Initiative on historically 
     Black colleges and universities.

     SEC. 4. STRENGTHENING HBCUS THROUGH FEDERAL AGENCY PLANS.

       (a) Designating Applicable Agencies.--The Secretary, in 
     consultation with the Executive Director, shall identify 
     those Federal agencies that regularly interact with HBCUs and 
     designate them as applicable agencies.
       (b) Submitting Agency Plans.--Not later than February 1 of 
     each year, the head of each applicable agency shall submit to 
     the Secretary and the Executive Director an annual Agency 
     Plan describing efforts to strengthen the capacity of HBCUs 
     to participate in relevant Federal programs and initiatives 
     under the jurisdiction of the applicable agency.
       (c) Further Requirements for Submission and 
     Accessibility.--The head of each applicable agency shall 
     submit each annual Agency Plan described in subsection (b) to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives.
       (d) Agency Plan Content.--Where appropriate, each Agency 
     Plan shall, among other things--
       (1) establish how the applicable agency intends to increase 
     the capacity of HBCUs to compete effectively for grants, 
     contracts, or cooperative agreements;
       (2) identify Federal programs and initiatives under the 
     jurisdiction of the applicable agency where HBCUs are not 
     well-represented;
       (3) outline proposed efforts to improve HBCUs' 
     participation in such programs and initiatives in which they 
     are underrepresented;
       (4) describe any progress made towards advancing or 
     achieving goals and efforts from previous Agency Plans;
       (5) encourage public-sector, private-sector, and community 
     involvement in improving the capacity of HBCUs; and
       (6) meet, where relevant, any additional criteria 
     established by the Secretary or the White House Initiative.
       (e) Agency Engagement.--To help fulfill the objectives of 
     the Agency Plans, the head of each applicable agency--
       (1) may provide, as appropriate, technical assistance and 
     information to the Executive Director to enhance 
     communication with HBCUs concerning the applicable agency's 
     program activities and the preparation of applications or 
     proposals for grants, contracts, or cooperative agreements; 
     and
       (2) shall appoint a senior official to report directly to 
     the agency head on the applicable agency's progress under 
     this section.

     SEC. 5. PRESIDENT'S BOARD OF ADVISORS ON HBCUS.

       (a) Administration.--
       (1) In general.--There is established the President's Board 
     of Advisors on historically Black colleges and universities 
     in the Department of Education or, if the President so 
     elects, within the Executive Office of the President.
       (2) Funding from ed.--Except as provided in paragraph (3), 
     the Secretary shall provide funding and administrative 
     support for the President's Board of Advisors, subject to the 
     availability of appropriations.
       (3) Funding from the executive office of the president.--If 
     the President elects to locate the President's Board of 
     Advisors within the Executive Office of the President, the 
     Executive Office of the President shall provide funding and 
     administrative support for the President's Board of Advisors, 
     subject to the availability of appropriations.
       (b) Membership.--The President shall appoint not more than 
     23 members to the President's Board of Advisors, and the 
     Secretary and Executive Director or their designees shall 
     serve as ex officio members. The President shall designate 
     one member of the President's Board of Advisors to serve as 
     its Chair, who shall help direct the Board's work in 
     coordination with the Secretary and in

[[Page S1279]]

     consultation with the Executive Director. The Chair shall 
     also consult with the Executive Director regarding the time 
     and location of meetings of the President's Board of 
     Advisors, which shall take place not less frequently than 
     once every 6 months. Members of the President's Board of 
     Advisors shall serve without compensation, but shall be 
     reimbursed for travel expenses, including per diem in lieu of 
     subsistence, as authorized by law. Insofar as the Federal 
     Advisory Committee Act (5 U.S.C. App.) may apply to the 
     Board, any functions of the President under such Act, except 
     for those of reporting to the Congress, shall be performed by 
     the Chair, in accordance with guidelines issued by the 
     Administrator of General Services.
       (c) Mission and Functions.--The President's Board of 
     Advisors shall advise the President, through the White House 
     Initiative, on all matters pertaining to strengthening the 
     educational capacity of HBCUs. In particular, the President's 
     Board of Advisors shall advise the President in the following 
     areas:
       (1) Improving the identity, visibility, distinctive 
     capabilities, and overall competitiveness of HBCUs.
       (2) Engaging the philanthropic, business, government, 
     military, homeland-security, and education communities in a 
     national dialogue regarding new HBCU programs and 
     initiatives.
       (3) Improving the ability of HBCUs to remain fiscally 
     secure institutions that can assist the Nation in achieving 
     its educational goals and in advancing the interests of all 
     Americans.
       (4) Elevating the public awareness of, and fostering 
     appreciation of, HBCUs.
       (5) Encouraging public-private investments in HBCUs.
       (6) Improving government-wide strategic planning related to 
     HBCU competitiveness to align Federal resources and provide 
     the context for decisions about HBCU partnerships, 
     investments, performance goals, priorities, human capital 
     development and budget planning.
       (d) Report.--The President's Board of Advisors shall report 
     annually to the President on the Board's progress in carrying 
     out its duties under this section.
                                 ______
                                 
      By Mr. CARDIN (for himself, Mr. Leahy, Mr. Jones, Ms. Baldwin, 
        Mr. Kaine, Mrs. Feinstein, Ms. Hirono, Ms. Klobuchar, Mr. 
        Durbin, Mrs. Shaheen, Ms. Cortez Masto, Ms. Hassan, and Mr. Van 
        Hollen):
  S. 464. A bill to require the treatment of a lapse in appropriations 
as a mitigating condition when assessing financial considerations for 
security clearances, and for other purposes; read the first time.
  Mr. CARDIN. Mr. President, I rise today to introduce the Protecting 
Employees Security Clearances Act of 2019 (PESCA). I am pleased to have 
Senators Leahy, Jones, Baldwin, Kaine, Feinstein, Hirono, Klobuchar, 
Durbin, Shaheen, Cortez Masto, Hassan, and Van Hollen as cosponsors. 
Our measure would protect federal employees and contractors from losing 
their security clearances due to financial reasons, such as poor credit 
scores, that are attributable to a lapse in federal appropriations. The 
bill directs the Security Executive Agent to ensure that a lapse in 
appropriations (including the one that ended last month) is considered 
as a mitigating factor for initial or continued security clearance 
eligibility during the adjudication process. More specifically, the 
bill states that ``No head of any agency may revoke the national 
security eligibility of a covered employee because of a reduction in 
the credit score or negative information in a consumer credit file of 
the covered employee that is attributable to disrupted income payments 
as a result of a lapse in appropriations.''
  Nearly 80 percent of Americans live from one paycheck to the next. 
They cannot afford to miss even a single paycheck. Federal workers and 
contractors are no different. ``Excepted'' employees--those individuals 
who are compelled to work without pay during a shutdown--are guaranteed 
retroactive pay. The Government Employee Fair Treatment Act (Public Law 
116-1), which I authored, now guarantees retroactive pay for furloughed 
federal workers. I have co-sponsored S. 162, Senator Smith's bill to 
provide retroactive pay for lower wage contractor employees. Currently, 
there is no guarantee that contractor employees will be paid after a 
shutdown ends.
  Many federal workers and contractors are subject to high security 
standards that include rigorous and routine financial background 
checks. Missing payments on debts could create delays in securing or 
renewing security clearances. We shouldn't punish these hard-working, 
patriotic Americans because they are forced to go without pay during a 
shutdown they bear no responsibility for causing. Providing retroactive 
pay is the right and fair thing to do, but forcing these individuals to 
miss one or more paychecks causes real financial harm. At a minimum, 
their security clearances shouldn't be jeopardized as a result.
  Last month, the Federal Bureau of Investigation Agents Association 
(FBIAA) published a report entitled, ``Voices From The Field: FBI Agent 
Accounts of the Real Consequences of the Government Shutdown.'' The 
report warned of the dire national security consequences of the 
shutdown. It also documented the financial hardships FBIAA members were 
facing. Two comments from the FBIAA's Central Region summed up the 
situation. One Agent wrote, ``My wife and I are both FBI employees who 
were recently transferred to a new city and finally bought our first 
home. Now we can't pay the mortgage for it. We contacted our lender, 
and they are refusing to work with us. They don't want our `Hardship 
Letter', they want money, period.'' Another wrote, ``There have been 
several employees who have gotten zero assistance from their mortgage 
lenders and banks regarding home and car loans and still have to make 
payments on time or get penalized. They are truly struggling to make 
ends meet.''
  Last December, when President Trump met with Leader Schumer and soon-
to-be Speaker Pelosi, he boasted about shutting the government down, 
saying, ``I will take the mantle. I will be the one to shut it down.'' 
While President Trump was proud ``to take the mantle,'' innocent 
victims were taking it on the chin. Here we are, less than five days 
away from another potential shutdown. I earnestly hope we can avoid 
another shutdown. But in the interim, we urgently need to mitigate the 
real harm federal workers and contractor employees suffer when they are 
forced to go without their pay. Passing PESCA is one way to do that. 
Just 13 days elapsed between the time I introduced the Government 
Employee Fair Treatment Act and President Trump signed it into law. I 
hope we can act with the same alacrity with respect to PESCA.

                          ____________________