[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3481-S3483]
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, Mr. Lankford, Mr. Tester, and Mr. 
        Scott, of South Carolina):
  S. 1851. A bill to amend the Higher Education Act of 1965 to provide 
Federal Pell Grants to Iraq and Afghanistan veteran's dependents; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. KAINE. Mr. President. When a U.S. servicemember gives their life 
in service to their Nation, they often leave behind family who we are 
equally indebted to. Ensuring that these survivors are provided every 
opportunity to succeed and get a quality education supports our values 
and upholds our promise to servicemembers and military families. 
Unfortunately, our ability to uphold our promise to dependents of 
servicemembers who were killed in action (KIA) in Iraq and Afghanistan 
following the attacks on September 11, 2001 has been affected.
  As a result of sequestration, the U.S. Department of Education (ED) 
sent a letter to institutions requiring them to reduce the Iraq and 
Afghanistan Service Grant awards by about 6.2% or almost $400 per 
recipient for the 2018-2019 award year. These grants are critical for 
students to use for tuition, books, and room and board and any future 
cut would be significant for a young college student. Many children and 
dependents of servicemembers who were KIA in Iraq and Afghanistan are 
now reaching college age so more and more students will not be 
receiving as much in grants as they should be getting and rightfully 
deserve.
  Today, I am pleased to introduce with my colleagues Senator Lankford, 
Senator Tester, and Senator Scott (from South Carolina) a bipartisan 
bill called the Protecting our Gold Star Families' Act of 2019. This 
legislation will move the Iraq and Afghanistan Service Grant program to 
the Pell Grant program to stabilize the funding source for these awards 
and ensure Gold Star families have access to the maximum Pell Grant 
funding available if they previously did not qualify for Pell Grants. 
Additionally the bill would align eligibility requirements under 
existing Department of Veterans Affairs grants such as the Fry 
Scholarship with ED and the Iraq and Afghanistan Service program to 
ensure that all Gold Star families are receiving the award.
  While Virginia public universities already offer tuition assistance 
to dependents whose parents were killed in action or were permanently 
disabled under the state's Virginia Military Survivors and Dependents 
Education Program (VMSDEP), these funds could be used to offset tuition 
at private institutions and could also cover additional expenses, 
including room and board, books, and supplies. Over 500 Virginians have 
attended or are currently attending college at public universities with 
assistance through VMSDEP and would qualify for these Pell Grants as 
well.
  Our Gold Star families have made the ultimate sacrifice for this 
country. Helping them afford college is the least we can do. We should 
give our servicemembers a peace of mind that if anything happens to 
them, the nation they served will look out for their children and help 
them access a high-quality education. As more of our post 9/11 Gold 
Star children are starting to reach college age, now is the right time 
to improve the program. I hope that my colleagues will incorporate this 
bipartisan bill in a reauthorization of the Higher Education Act.
                                 ______
                                 
      By Mr. DURBIN (for himself and Ms. Duckworth):
  S. 1852. A bill to require rulemaking by the Administrator of the 
Federal Emergency Management Agency to address considerations in 
evaluating the need for public and individual disaster assistance, and 
for other purposes; to the Committee on Homeland Security and 
Governmental 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. 1852

       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 ``Fairness in Federal Disaster 
     Declarations Act of 2019''.

     SEC. 2. REGULATORY ACTION REQUIRED.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency (in this Act referred to as the 
     ``Administrator'' and ``FEMA'', respectively) shall amend the 
     rules of the Administrator under section 206.48 of title 44, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of this Act, in accordance with the provisions of 
     this Act.
       (b) New Criteria Required.--The amended rules issued under 
     subsection (a) shall provide for the following:
       (1) Public assistance program.--Such rules shall provide 
     that, with respect to the evaluation of the need for public 
     assistance--
       (A) specific weighted valuations shall be assigned to each 
     criterion, as follows--
       (i) estimated cost of the assistance, 10 percent;
       (ii) localized impacts, 40 percent;
       (iii) insurance coverage in force, 10 percent;
       (iv) hazard mitigation, 10 percent;
       (v) recent multiple disasters, 10 percent;
       (vi) programs of other Federal assistance, 10 percent; and
       (vii) economic circumstances described in subparagraph (B), 
     10 percent; and
       (B) FEMA shall consider the economic circumstances of--
       (i) the local economy of the affected area, including 
     factors such as the local assessable tax base and local sales 
     tax, the median income as it compares to that of the State, 
     and the poverty rate as it compares to that of the State; and
       (ii) the economy of the State, including factors such as 
     the unemployment rate of the State, as compared to the 
     national unemployment rate.
       (2) Individual assistance program.--Such rules shall 
     provide that, with respect to the evaluation of the severity, 
     magnitude, and impact of the disaster and the evaluation of 
     the need for assistance to individuals--
       (A) specific weighted valuations shall be assigned to each 
     criterion, as follows--
       (i) concentration of damages, 20 percent;
       (ii) trauma, 20 percent;
       (iii) special populations, 20 percent;
       (iv) voluntary agency assistance, 10 percent;
       (v) insurance, 20 percent;
       (vi) average amount of individual assistance by State, 5 
     percent; and
       (vii) economic considerations described in subparagraph 
     (B), 5 percent; and
       (B) FEMA shall consider the economic circumstances of the 
     affected area, including factors such as the local assessable 
     tax base and local sales tax, the median income as it 
     compares to that of the State, and the poverty rate as it 
     compares to that of the State.
       (c) Effective Date.--The amended rules issued under 
     subsection (a) shall apply to any disaster for which a 
     Governor requested a major disaster declaration under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) and was denied on or after 
     January 1, 2012.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Grassley, and Mr. Leahy):
  S. 1854. A bill to enhance civil penalties under the Federal 
securities laws, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. REED. Mr. President, today I am reintroducing the Stronger 
Enforcement of Civil Penalties Act along with Senator Grassley and 
Senator Leahy. This bill will help securities regulators better protect 
investors and demand greater accountability from market players. Even 
after a financial crisis that devastated our nation's economy, we 
continue to see calculated wrongdoing by some on Wall Street, and 
without the consequence of meaningful penalties to serve as an 
effective deterrent, I worry this disturbing culture of misconduct will 
persist.
  Today, the amount of penalties the Securities and Exchange Commission 
(SEC) can fine an institution or individual is restricted by statute. 
During hearings I held in 2011 as Chairman of the Banking Committee's 
Securities, Insurance, and Investment Subcommittee, I learned how this 
limitation significantly interferes with the SEC's ability to perform 
its enforcement duties. At that time, a Federal judge had criticized 
the SEC for not obtaining a larger settlement against Citigroup, a 
major player in the financial crisis that settled with the agency in an 
amount that was far below the cost the bank had inflicted on investors. 
The SEC explained that a statutory prohibition against levying a larger 
penalty led to the low settlement amount. Indeed, then SEC Chairman

[[Page S3482]]

Mary L. Schapiro in 2011 also explained that ``the Commission's 
statutory authority to obtain civil monetary penalties with appropriate 
deterrent effect is limited in many circumstances.''
  The bipartisan bill we are reintroducing seeks to update the SEC's 
outdated civil penalties statutes. This bill strives to make potential 
and current offenders think twice before engaging in misconduct by 
increasing the maximum statutory civil monetary penalties, directly 
linking the size of the penalties to the amount of losses suffered by 
victims of a violation, and substantially raising the financial stakes 
for repeat offenders of our nation's securities laws.
  Specifically, our bill would expand the SEC's options to tailor 
penalties to the specific circumstances of a given violation. In 
addition to raising the per violation caps for severe, or ``third 
tier,'' violations to $1 million per offense for individuals and $10 
million per offense for entities, the legislation would also give the 
SEC additional options to obtain greater penalties based on the ill-
gotten gains of the violator or on the financial harm to investors.
  Our bill also strives to deter repeat offenders on Wall Street 
through two provisions. The first would allow the SEC to triple the 
penalty cap applicable to recidivists who have been held either 
criminally or civilly liable for securities fraud within the previous 
five years. The second would allow the SEC to seek a civil penalty 
against those who violate existing federal court or SEC orders, an 
approach that would be more efficient, effective, and flexible than the 
current civil contempt remedy. These changes would greatly improve the 
SEC's ability to levy robust penalties against repeat offenders.
  Slightly more than half of all U.S. households are invested in the 
stock market. All of our constituents deserve a strong cop on the beat 
that has the necessary tools to go after fraudsters and pursue the 
difficult cases arising from our increasingly complex financial 
markets. The Stronger Enforcement of Civil Penalties Act will enhance 
the SEC's ability to demand meaningful accountability from Wall Street, 
which in turn will increase transparency and confidence in our 
financial system. I urge our colleagues to support this important 
bipartisan legislation.
                                 ______
                                 
      By Mr. DURBIN:
  S. 1863. A bill to require the Secretary of the Interior to conduct a 
special resource study of the sites associated with the life and legacy 
of the noted American philanthropist and business executive Julius 
Rosenwald, with a special focus on the Rosenwald Schools, and for other 
purposes; to the Committee on Energy and Natural Resources.
  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. 1863

       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 ``Julius Rosenwald and 
     Rosenwald Schools Study Act of 2019''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Julius Rosenwald was born in 1862 in Springfield, 
     Illinois, to Samuel Rosenwald and his wife, Augusta 
     Hammerslough, a Jewish immigrant couple from Germany;
       (2) in 1868, Samuel Rosenwald purchased the Lyon House, 
     where Julius grew up and lived with his family until the 
     1880s, which--
       (A) was diagonally across the street from the home where 
     Abraham Lincoln lived prior to becoming president; and
       (B)(i) was restored recently before the date of enactment 
     of this Act; and
       (ii) as of that date of enactment, was within the boundary 
     of the Lincoln Home National Historic Site, a unit of the 
     National Park System;
       (3) Julius Rosenwald--
       (A) learned the clothing trade with relatives in New York 
     City; and
       (B) used that knowledge on moving to Chicago, where he 
     became part-owner and president of Sears, Roebuck & Company, 
     which--
       (i) he transformed into a retailing powerhouse in the early 
     20th century; and
       (ii) could be considered the Amazon of its day;
       (4) the embodiment of the Jewish concept of ``tzedakah'', 
     righteousness and charity, Rosenwald used his fortune for 
     numerous philanthropic activities, particularly to enhance 
     the lives of African-Americans, including by--
       (A) providing $25,000 for the construction of Young Men's 
     Christian Associations (commonly known as ``YMCAs'') for 
     African-Americans during the Jim Crow era in cities that 
     raised $75,000; and
       (B) eventually, supporting the construction of YMCAs in 24 
     cities across the United States;
       (5)(A) after his introduction to Booker T. Washington in 
     1911, Julius Rosenwald--
       (i) joined the Board of Trustees of the Tuskegee Institute; 
     and
       (ii) financially contributed to a pilot program to build 6 
     schools in rural Alabama for African-American children who 
     were receiving little to no education; and
       (B) the donations by Rosenwald described in subparagraph 
     (A) were matched by the local African-American communities 
     that were committed to providing education for their 
     children;
       (6)(A) the success of the pilot program referred to in 
     paragraph (5)(A)(ii) led to the construction of more than 
     5,300 Rosenwald Schools and related buildings over a 20-year 
     period in 15 southern States under the direction of the 
     Julius Rosenwald Fund;
       (B) the schools described in subparagraph (A)--
       (i) were the result of a 3-way partnership among the Julius 
     Rosenwald Fund, local communities that, although generally 
     poor, contributed land, labor, materials, and money to build 
     and maintain the schools, and local governments that were 
     required by law to provide public schools for all children 
     but divided funds unequally between black and white systems; 
     and
       (ii) often became the focus of great pride and affection 
     among the applicable communities;
       (C) during the 1920s, 1930s, and 1940s, \1/3\ of all 
     African-American children in the South were educated in 
     Rosenwald Schools;
       (D) a 2011 study by 2 Federal Reserve economists concluded 
     that the schools played a significant role in narrowing the 
     gap between the educational levels of black and white 
     students in the South; and
       (E) Members of Congress and poet Maya Angelou are among 
     prominent graduates of Rosenwald Schools;
       (7) the Julius Rosenwald Fund--
       (A) supported early National Association for the 
     Advancement of Colored People cases that eventually led to 
     the Supreme Court decision in Brown v. Board of Education of 
     Topeka, 347 U.S. 483 (1954), which outlawed segregation in 
     public education; and
       (B) provided fellowships to talented African-Americans in 
     the arts and sciences--
       (i) including the acclaimed historian John Hope Franklin, 
     noted writer and civil rights activist W.E.B. Du Bois, artist 
     Jacob Lawrence, singer Marian Anderson, diplomat Ralph 
     Bunche, and many others; and
       (ii) some of whom worked under Thurgood Marshall on the 
     Supreme Court case referred to in subparagraph (A);
       (8) Rosenwald also--
       (A) provided support for a number of Historically Black 
     Colleges and Universities, including Fisk, Dillard, and 
     Howard Universities; and
       (B) used his wealth for other worthy causes, including the 
     creation of the Jewish United Fund of Metropolitan Chicago 
     and the Museum of Science and Industry in Chicago; and
       (9) the contributions of Julius Rosenwald to improving the 
     lives of African-Americans, as well as the lives of those who 
     reside in Chicago and throughout the United States, are 
     worthy of recognition and further examination.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Rosenwald school.--The term ``Rosenwald School'' means 
     any of the 5,357 schools and related buildings constructed in 
     15 southern States during the period of 1912 through 1932 by 
     the philanthropy of Julius Rosenwald.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) SHPO.--The term ``SHPO'' means the State Historic 
     Preservation Officer of any of the 14 States in which 
     Rosenwald Schools exist as of the date of enactment of this 
     Act.

     SEC. 4. SPECIAL RESOURCE STUDY.

       (a) In General.--The Secretary shall conduct a special 
     resource study of the sites associated with the life and 
     legacy of Julius Rosenwald, with special focus on the 
     Rosenwald Schools.
       (b) Contents.--In conducting the study under subsection 
     (a), the Secretary shall--
       (1) determine the sites of national significance associated 
     with the life and legacy of businessman and noted 
     philanthropist Julius Rosenwald, with special focus on the 
     Rosenwald Schools;
       (2) give priority to studying any Rosenwald School 
     recommended to the Secretary by an SHPO;
       (3) determine the suitability and feasibility of 
     designating 1 or more new units of the National Park System 
     to include representative Rosenwald Schools and other sites 
     associated with the life and legacy of Julius Rosenwald, 
     including an interpretive center in or near Chicago, 
     Illinois--
       (A) to commemorate the career and overall philanthropic 
     activities of Rosenwald; and
       (B) to address the scope and significance of the Rosenwald 
     Schools initiative;

[[Page S3483]]

       (4) take into consideration other alternatives for 
     preservation, protection, and interpretation of the legacy of 
     Julius Rosenwald and the Rosenwald Schools by--
       (A) Federal, State, or local governmental entities; or
       (B) private and nonprofit organizations;
       (5) consult with, as determined appropriate by the 
     Secretary, relevant--
       (A) Federal, State, and local governmental entities;
       (B) private and nonprofit organizations; or
       (C) any other interested individuals; and
       (6) identify costs associated with any potential Federal 
     acquisition, development, interpretation, operation, and 
     maintenance associated with the alternatives described in 
     paragraph (4).
       (c) Applicable Law.--The study under subsection (a) shall 
     be conducted in accordance with section 100507 of title 54, 
     United States Code.
       (d) Results.--Not later than 3 years after the date on 
     which funds are first made available for the study under 
     subsection (a), the Secretary shall submit to the Committee 
     on Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report describing--
       (1) the results of the study; and
       (2) any conclusions and recommendations of the Secretary 
     relating to the study.
                                 ______
                                 
      By Mr. DAINES (for himself, Mr. Grassley, Mr. Toomey, Mr. 
        Barrasso, and Mr. Cramer):
  S.J. Res. 49. A joint resolution proposing an amendment to the 
Constitution of the United States authorizing the Congress to prohibit 
the physical desecration of the flag of the United States; to the 
Committee on the Judiciary.
  Mr. DAINES. 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.J. Res. 49

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled   (two-thirds 
     of each House concurring therein), That the following article 
     is proposed as an amendment to the Constitution of the United 
     States, which shall be valid to all intents and purposes as 
     part of the Constitution when ratified by the legislatures of 
     three-fourths of the several States within 7 years after the 
     date of its submission by the Congress:

                              ``Article--

       ``The Congress shall have power to prohibit the physical 
     desecration of the flag of the United States.''.

                          ____________________