June 11, 2019 - Issue: Vol. 165, No. 97 — Daily Edition116th Congress (2019 - 2020) - 1st Session
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STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS; Congressional Record Vol. 165, No. 97
(Senate - June 11, 2019)
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[Pages S3322-S3324] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Brown, Ms. Hassan, Mr. Sanders, Mr. Schatz, Ms. Smith, Mr. Reed, and Ms. Warren): S. 1775. A bill to amend the Higher Education Act of 1965 regarding proprietary institutions of higher education in order to protect students and taxpayers; to the Committee on Health, Education, Labor, and Pensions. 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. 1775 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 ``Protecting Our Students and Taxpayers Act of 2019'' or ``POST Act of 2019''. SEC. 2. 85/15 RULE. (a) In General.--Section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``and'' after the semicolon; (B) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(F) meets the requirements of paragraph (2).''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) Revenue sources.-- ``(A) In general.--In order to qualify as a proprietary institution of higher education under this subsection, an institution shall derive not less than 15 percent of the institution's revenues from sources other than Federal funds, as calculated in accordance with subparagraphs (B) and (C). ``(B) Federal funds.--In this paragraph, the term `Federal funds' means any Federal financial assistance provided, under this Act or any other Federal law, through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution, including Federal financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution, except that such term shall not include any monthly housing stipend provided under the Post- 9/11 Veterans Educational Assistance Program under chapter 33 of title 38, United States Code. ``(C) Implementation of non-federal revenue requirement.-- In making calculations under subparagraph (A), an institution of higher education shall-- ``(i) use the cash basis of accounting; ``(ii) consider as revenue only those funds generated by the institution from-- ``(I) tuition, fees, and other institutional charges for students enrolled in programs eligible for assistance under title IV; ``(II) activities conducted by the institution that are necessary for the education and training of the institution's students, if such activities are-- [[Page S3323]] ``(aa) conducted on campus or at a facility under the control of the institution; ``(bb) performed under the supervision of a member of the institution's faculty; and ``(cc) required to be performed by all students in a specific educational program at the institution; and ``(III) a contractual arrangement with a Federal agency for the purpose of providing job training to low-income individuals who are in need of such training; ``(iii) presume that any Federal funds that are disbursed or delivered to an institution on behalf of a student or directly to a student will be used to pay the student's tuition, fees, or other institutional charges, regardless of whether the institution credits such funds to the student's account or pays such funds directly to the student, except to the extent that the student's tuition, fees, or other institutional charges are satisfied by-- ``(I) grant funds provided by an outside source that-- ``(aa) has no affiliation with the institution; and ``(bb) shares no employees with the institution; and ``(II) institutional scholarships described in clause (v); ``(iv) include no loans made by an institution of higher education as revenue to the school, except for payments made by students on such loans; ``(v) include a scholarship provided by the institution-- ``(I) only if the scholarship is in the form of monetary aid based upon the academic achievements or financial need of students, disbursed to qualified student recipients during each fiscal year from an established restricted account; and ``(II) only to the extent that funds in that account represent designated funds, or income earned on such funds, from an outside source that-- ``(aa) has no affiliation with the institution; and ``(bb) shares no employees with the institution; and ``(vi) exclude from revenues-- ``(I) the amount of funds the institution received under part C of title IV, unless the institution used those funds to pay a student's institutional charges; ``(II) the amount of funds the institution received under subpart 4 of part A of title IV; ``(III) the amount of funds provided by the institution as matching funds for any Federal program; ``(IV) the amount of Federal funds provided to the institution to pay institutional charges for a student that were refunded or returned; and ``(V) the amount charged for books, supplies, and equipment, unless the institution includes that amount as tuition, fees, or other institutional charges. ``(D) Report to congress.--Not later than July 1, 2020, and by July 1 of each succeeding year, the Secretary shall submit to the authorizing committees a report that contains, for each proprietary institution of higher education that receives assistance under title IV and as provided in the audited financial statements submitted to the Secretary by each institution pursuant to the requirements of section 487(c)-- ``(i) the amount and percentage of such institution's revenues received from Federal funds; and ``(ii) the amount and percentage of such institution's revenues received from other sources.''. (b) Repeal of Existing Requirements.--Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is amended-- (1) in subsection (a)-- (A) by striking paragraph (24); (B) by redesignating paragraphs (25) through (29) as paragraphs (24) through (28), respectively; (C) in paragraph (24)(A)(ii) (as redesignated by subparagraph (B)), by striking ``subsection (e)'' and inserting ``subsection (d)''; and (D) in paragraph (26) (as redesignated by subparagraph (B)), by striking ``subsection (h)'' and inserting ``subsection (g)''; (2) by striking subsection (d); (3) by redesignating subsections (e) through (j) as subsections (d) through (i), respectively; (4) in the matter preceding paragraph (1) of subsection (d) (as redesignated by paragraph (3)), by striking ``(a)(25)'' and inserting ``(a)(24)''; (5) in subsection (f)(1) (as redesignated by paragraph (3)), by striking ``subsection (e)(2)'' and inserting ``subsection (d)(2)''; and (6) in subsection (g)(1) (as redesignated by paragraph (3)), by striking ``subsection (a)(27)'' in the matter preceding subparagraph (A) and inserting ``subsection (a)(26)''. (c) Conforming Amendments.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 152 (20 U.S.C. 1019a)-- (A) in subsection (a)(1)(A), by striking ``subsections (a)(27) and (h) of section 487'' and inserting ``subsections (a)(26) and (g) of section 487''; and (B) in subsection (b)(1)(B)(i)(I), by striking ``section 487(e)'' and inserting ``section 487(d)''; (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), by striking ``section 487(a)(25)'' each place the term appears and inserting ``section 487(a)(24)''; (3) in section 496(c)(3)(A) (20 U.S.C. 1099b(c)(3)(A)), by striking ``section 487(f)'' and inserting ``section 487(e)''; and (4) in section 498(k)(1) (20 U.S.C. 1099c(k)(1)), by striking ``section 487(f)'' and inserting ``section 487(e)''. ______ By Ms. COLLINS (for herself, Ms. Rosen, Ms. McSally, and Ms. Klobuchar): S. 1784. A bill to provide for the issuance of a Stamp Out Elder Abuse Semipostal Stamp; to the Committee on Homeland Security and Governmental Affairs. Ms. COLLINS. Mr. President, along with my colleagues, Senators Jacky Rosen, Martha McSally, and Amy Klobuchar, I am introducing the Stamp Out Elder Abuse Act of 2019, a bill that seeks to help combat the abuse and financial exploitation of our Nation's seniors. Our bill would create a semipostal, or fundraising, stamp that would allow Postal Service customers to make a voluntary contribution to raise awareness and combat elder abuse by purchasing this special stamp. The proceeds from this stamp would go to the Department of Health and Human Service's (HHS) Administration on Community Living (ACL) and the Department of Justice (DOJ). The funding would allow the ACL to further support the development and advancement of emerging practices to prevent and respond to the abuse of older adults, and would assist DOJ in improving prosecution, data collection, litigation support, and initiatives that prevent elder abuse. Notably, this bill would help to provide needed additional revenue to tackle elder abuse without costing the Federal government a single penny. Abuse of older Americans is sadly prevalent--no matter the person's gender, race, religion, or ethnic or cultural background. Each year, hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited. Abuse can happen in many places, including a person's home, a family member's house, an assisted living facility, or a nursing home. Just as abuse can occur in various settings, there are many types of elder abuse, including physical abuse, emotional abuse, sexual abuse, neglect, abandonment, and financial exploitation, to name a few. Although there are different types of abuse, it is common for a victim to experience more than one form of abuse. According to the National Council on Aging, approximately one in ten Americans aged 60 years old or older have experienced some form of elder abuse. According to the GAO, financial fraud targeting older Americans is a growing epidemic that costs seniors an estimated $2.9 billion annually. We know, however, that the true number is probably much higher since many of these cases are never reported because the victim is too often embarrassed to report abuse, particularly when it involves a family member. In fact, the National Center on Elder Abuse reports that only one in 14 cases are reported to the authorities. In Maine--the State with the oldest population by median age--an estimated 33,000 seniors each year are the victims of some kind of abuse or financial fraud. Moreover, in as many as 90 percent of financial cases, the senior is victimized by someone he or she knows well. A 2017 report of financial exploitation of Maine's older adults found that in most cases, financial exploitation is perpetrated by a family member, typically the victim's own adult child. In a recent case in Maine, police charged a pastor in York County, Maine, with exploiting an incapacitated elderly woman. They say the man befriended the woman while he was volunteering at the assisted-living community where she lived. According to police, the State determined the woman to be incapacitated and assigned her a guardian and conservator. The pastor allegedly took the woman to her bank, withdrew money to have the locks changed on her former home, which had been on the market, and he took down the ``for sale'' sign. Police say the pastor told the woman he would help her return to her house, even though it was not equipped for the wheelchair access she required. He suggested his daughter could live with the woman to care for her. Police say his goal was to ingratiate himself and have access to this woman's financial accounts and property. Fortunately, in this case, the conservator, who was legally responsible for protecting the [[Page S3324]] woman's assets, identified and reported the suspected criminal activity to the police. Combatting elder abuse of seniors is primarily the responsibility of State and local agencies, particularly adult protective services agencies. Prevention and response to cases of abuse require coordinated efforts, including State and local agencies, law enforcement, the social work and medical community, and financial institutions. The Federal government also plays an important role in providing leadership to combat this problem. The Elder Justice Coordinating Council, led by HHS and DOJ, has brought other Federal agencies to the table to coordinate efforts to protect older individuals from abuse. Last year, the DOJ took a major action by directing all 94 U.S. Attorneys' offices to each designate an elder justice coordinator, who will develop strategies to protect seniors in their districts. This will promote greater cooperation between the DOJ and its law enforcement partners. While the best way to intervene in the problem of elder abuse is to prevent it from happening in the first place, when abuse does occur, it is crucial that the perpetrators of the crimes not go unpunished. I worked closely on the Stamp Out Elder Abuse Act of 2019 with Philip C. Marshall. Philip is the founder of Beyond Brooke, a campaign named to honor Philip's late grandmother, Brooke Astor, a well known philanthropist, recipient of the Presidential Medal of Freedom, and victim of elder abuse and financial exploitation. In 2015, Mr. Marshall testified before the Senate Aging Committee about how his father mistreated his grandmother and mismanaged her assets while she suffered from Alzheimer's disease. In addition, I am pleased that the non- partisan Elder Justice Coalition, which represents more than 3,000 members, along with the National Center for Victims of Crime, the National Sheriffs Association, and the National Association on Area Agencies on Aging all support our bill. Mr. President, I ask that letters from these organizations appear in the Record immediately following my remarks. Preventing and combating elder abuse require law enforcement and social service agencies at all levels of government to work collaboratively with the private sector. The Stamp Out Elder Abuse Act would assist the Federal government's role to help make that happen. I urge my colleagues to support this bill. The Elder Justice Coalition, Washington, DC, June 11, 2019. Hon. Susan Collins, Chairman, Special Committee on Aging, U.S. Senate, Washington, DC. Dear Chairman Collins: On behalf of the nonpartisan Elder Justice Coalition which represents more than 3,000 members, I write to congratulate you and Senators Rosen, McSally, and Klobuchar on the introduction of the Stamp Out Elder Abuse Act of 2019, which will create a semi-postal stamp to provide additional funding to the federal government for programs to address elder abuse, neglect, and exploitation. The EJC is proud to have worked closely on this legislation with you, your staff and Philip C. Marshall, founder of Beyond Brooke, a cause-based campaign named to honor Philip's late grandmother, Brooke Astor, who was a well-known philanthropist, recipient of the Presidential Medal of Freedom, and a victim of elder abuse and elder financial exploitation. We are pleased that the bill will direct the United States Postal Service to develop the semipostal stamp and use the proceeds from its sales to provide funding to augment the elder justice initiatives at both the Administration on Aging in the Department of Health and Human Services and at the Department of Justice. These programs include prevention, education, data collection, services to protect and support victims, and demonstration projects, in addition to initiatives to investigate and prosecute perpetrators of elder abuse and financial exploitation. Further, the departments will be able to use their resources to support dissemination of the stamp. Thank you again for your leadership on this and other elder justice issues. Please let us know if we can be of assistance in securing passage of the Stamp Out Elder Abuse Act of 2019. Sincerely, Robert B. Blancato, National Coordinator. ____ The National Center for Victims of Crime, Arlington, VA, May 23, 2019. Hon. Susan Collins, Chairman, Special Committee on Aging, U.S. Senate, Washington, DC. Dear Chairman Collins: As the Executive Director of the National Center for Victims of Crime which advocates for stronger rights, protections, and services for all crime victims and the advocates who serve them. I write to congratulate you on the introduction of the Stamp Out Elder Abuse Act of 2019, which will create a semi-postal stamp to provide additional funding to the federal government for programs to address elder abuse, neglect, and exploitation. We are pleased that the bill will direct the United States Postal Service to develop the semi-postal stamp and use the proceeds from its sales to provide funding to augment the elder justice initiatives at both the Administration on Aging in the Department of Health and Human Services and at the Department of Justice. These programs include prevention, education, data collection, services to protect and support victims, and demonstration projects, in addition to initiatives to investigate and prosecute perpetrators of elder abuse and financial exploitation. Further, the departments will be able to use their resources to support dissemination of the stamp. Thank you again for your leadership on this and other elder justice issues. Please let us know if we can be of assistance in securing passage of the Stamp Out Elder Abuse Act of 2019. Sincerely. Mai Fernandez, Executive Director. ____ National Sheriffs' Association, Alexandria, VA, June 3, 2019. Hon. Susan Collins, U.S. Senate, Washington, DC. Dear Senator Collins: On behalf of the National Sheriffs' Association (NSA) and the more than 3,000 elected sheriffs nationwide, I write to endorse the Stamp Out Elder Abuse Act of 2019 proposed by Senator Collins. This Act initiates a semi postal stamp that not only raises elder abuse awareness, but also dedicates the proceeds to elder justice programs within DOJ and HHS. As you may know, the NSA was one of the founding groups in the National Association of Triads, Inc. National Triads serves as a clearinghouse of information, best practices and early alert system for local Triads. Triad is a national community policing concept that partners law enforcement agencies with older adult volunteer groups and older adult related community services to educate older adults on crime and fraud, to reduce crime against the elderly, and eliminate the unwarranted fear of crime. After twenty-two years in existence, there are Triads in more than 680 counties in 36 states. Triad serves 16 million seniors nationwide--nearly half of America's senior population. The National Sheriffs' Association and local sheriffs have long recognized the need to ensure the safety and quality of life for the growing number of senior citizens by supporting the formation of community partnerships under the auspice of Triad. Triad has a clear vision and a simple mission--to keep seniors safe from crime. The Stamp Out Elder Abuse Act of 2019 makes a clear effort to increase awareness and support for the elderly community. We applaud the efforts to support prevention and education, investigation and prosecution, and victims' services in an effort in combat elder abuse. Sincerely, Jonathan F. Thompson, Executive Director and CEO. ____________________
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