[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.''.
____________________