[Congressional Record Volume 163, Number 183 (Thursday, November 9, 2017)]
[Senate]
[Pages S7134-S7135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



               Protecting Our Students and Taxpayers Act

  Mr. President, last week, I reintroduced the Protecting Our Students 
and Taxpayers, or POST, Act. I was pleased to be joined by Senators 
Reed, Blumenthal, Carper, Murphy, and Warren in the Senate and by 
Representative Steve Cohen in the House.
  Since 1992, Federal law has required for-profit schools to derive a 
portion of revenue from non-Federal sources. This was meant to keep 
for-profit schools, which in general rely much more heavily on Federal 
dollars than traditional schools, from being completely dependent on 
Federal taxpayers to keep their doors open.
  Originally, these schools had to receive at least 15 percent of their 
revenue from non-Federal sources. In 1998, the threshold was lowered to 
only 10 percent, creating today's so-called 90/10 rule. Think about 
that. Mr. President, $9 out of every $10 these schools take in can come 
from U.S. taxpayers. But it gets worse.
  Only Department of Education Federal student aid dollars are counted 
as Federal funds. A loophole in the law excludes billions in Department 
of Veterans Affairs GI bill education benefits and Department of 
Defense Tuition Assistance, (TA), funds from being counted as Federal 
revenue. It means, by recruiting veterans and servicemembers, for-
profit colleges can actually receive more than 90 percent of their 
revenue from Federal funds and still comply with the law. This powerful 
incentive makes our men and women in uniform targets for predatory for-
profit colleges.
  I have told these stories before, but I think they bear repeating. I 
have told the story of two former military recruiters at a for-profit 
college in Illinois. They were told their job was above all to put 
``butts in classes,'' that they should dig deep into the personal lives 
of their recruits to find their ``pain point.'' If a prospective 
student was out of work, recruiters were encouraged to say things like, 
``How do you think your wife feels about being married to someone 
unemployed?''
  Entrance requirements were low--it didn't matter how long a student 
stayed as long as it was long enough for the school to receive the GI 
bill dollars.
  There is Paul Fajardo, a marine veteran who served in Afghanistan. He 
used his GI bill benefits to enroll at the now-defunct Corinthian 
Colleges and had to live out of his car when his school lost its 
eligibility to receive GI bill benefits. He told the LA Times that 
Corinthian recruited him and other veterans because ``they knew it was 
a guaranteed paycheck.''
  There is James Long, who suffered a brain injury when an artillery 
shell hit his Humvee in Iraq. He used military benefits to enroll at 
Ashford University after being heavily recruited. He told Bloomberg 
News that he knows he is enrolled at Ashford, but can't remember what 
courses he is enrolled in.
  These veterans were nothing more than ATMs for these for-profit 
colleges intent on pocketing their hard-earned education benefits.
  And in 2016, for-profit colleges pocketed 34 percent of all GI bill 
benefits--$1.7 billion--and 44 percent of all Department of Defense 
Tuition Assistance funds--$220 million. Mr. President, $2 billion that 
these for-profit colleges were able to count as non-Federal revenue. 
Non-Federal?
  The last time I checked, the Department of Veterans Affairs was part 
of the Federal Government, and the money it spends--whether on 
veterans' healthcare or housing or education--comes from U.S. 
taxpayers.
  When asked in writing during his confirmation process whether GI bill 
funds are Federal funds, VA Secretary David Shulkin answered simply, 
``Yes.''
  And the last time I checked, the Department of Defense was part of 
the

[[Page S7135]]

Federal Government, and the money it spends--whether on planes or bombs 
or servicemembers' education--comes from U.S. taxpayers.
  When I asked Secretary Mattis if Department of Defense Tuition 
Assistance funds are indeed Federal funds, he responded, ``Yes . . . 
these benefits are Federal funds.'' Seems like commonsense. Yet the law 
doesn't see it that way.
  That is why my colleagues and I have introduced the POST Act. Our 
bill will close this ridiculous loophole. It will count all Federal 
education benefits as Federal revenue and take the targets off the 
backs of veterans and servicemembers. The bill also reduces the Federal 
revenue limit to the original 85 percent.
  Our legislation is supported by, among others, Student Veterans of 
America, the Military Officers Association of America, Paralyzed 
Veterans of America, and the National Association for College Admission 
Counseling.
  Last year, in response to a request from Senator Carper and me, the 
Department of Education publicly released Federal revenue data for the 
first time that included VA and DOD benefits. The data showed that 186 
for-profit institutions received more than 90 percent of their revenue 
when these additional Federal education benefits were included. Mr. 
President, 563 institutions received more than 85 percent of their 
revenue from Federal taxpayers when all Federal sources were included.
  I was disappointed that when the Department released its 90/10 
calculations this year, Secretary DeVos did not continue the practice 
of releasing calculations that included VA and DOD funds, though maybe 
that shouldn't be surprising. After all, unlike Secretaries Shulkin and 
Mattis, Secretary DeVos has refused, when asked, to acknowledge the 
obvious--that VA and DOD education funds are indeed Federal funds or 
support closing the loophole.
  But I am confident that the American people will see the current 90/
10 rule for what it is--a loophole that makes no sense and that puts 
those who have served our country at risk.
  This week, on the eve of Veterans Day, I will stand with my friend--
Senator Carper of Delaware--as he reintroduces the Military and 
Veterans Education Protection Act. This bill also closes the 90/10 
loophole, but leaves the Federal revenue limit at 90 percent. It is a 
step in the right direction, and that is why I support it.
  I hope our colleagues will consider supporting one or both of these 
commonsense proposals.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, I yield back all time on this side and 
reserve one minute for Senator Carper.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Delaware.
  Mr. CARPER. Mr. President, as we prepare to vote on this nominee, I 
wish to implore my colleagues to take one last moment to think about 
this decision before us. I ask them to recall the words that I said 
just a bit earlier this morning from the hymn that Martha and I heard 
at church, not far from my home in Wilmington, DE, one Sunday on a 
beautiful spring morning. It is a song, a hymn that we all know:

     For the beauty of the Earth,
     For the glory of the skies,
     For the love which from our birth
     Over and around us lies,
     Lord of all, to Thee we raise
     This our hymn of grateful praise.

  That powerful message reminds me of the incredible responsibility we 
have in this body to serve and protect the people who sent us here. We 
must serve as stewards, also, of this planet, which has been entrusted 
to us and to care for all the most vulnerable among us.
  For me, that is not just my responsibility as a parent or as an 
official elected to serve the people of my State for all these years. 
It is a moral imperative and a sacred obligation, and there is no more 
basic human need than having clean air to breathe.
  I implore my colleagues. We have seen Mr. Wehrum's extreme agenda at 
the EPA once before. It would be the height of irresponsibility and a 
shirking of our moral obligation to confirm him today. I implore you to 
join me in voting no on Bill Wehrum.
  Thank you very much.
  The PRESIDING OFFICER. All time has expired.
  The question is, Will the Senate advise and consent to the Wehrum 
nomination?
  Mr. McCONNELL. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. CORNYN. The following Senators are necessarily absent: the 
Senator from Kentucky (Mr. Paul) and the Senator from Kansas (Mr. 
Roberts).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. 
Menendez) and the Senator from Montana (Mr. Tester) are necessarily 
absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 49, nays 47, as follows:

                      [Rollcall Vote No. 268 Ex.]

                                YEAS--49

     Alexander
     Barrasso
     Blunt
     Boozman
     Burr
     Capito
     Cassidy
     Cochran
     Corker
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Flake
     Gardner
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Inhofe
     Isakson
     Johnson
     Kennedy
     Lankford
     Lee
     McCain
     McConnell
     Moran
     Murkowski
     Perdue
     Portman
     Risch
     Rounds
     Rubio
     Sasse
     Scott
     Shelby
     Strange
     Sullivan
     Thune
     Tillis
     Toomey
     Wicker
     Young

                                NAYS--47

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cortez Masto
     Donnelly
     Duckworth
     Durbin
     Feinstein
     Franken
     Gillibrand
     Harris
     Hassan
     Heinrich
     Heitkamp
     Hirono
     Kaine
     King
     Klobuchar
     Leahy
     Manchin
     Markey
     McCaskill
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Sanders
     Schatz
     Schumer
     Shaheen
     Stabenow
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--4

     Menendez
     Paul
     Roberts
     Tester
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table and the President 
will be immediately notified of the Senate's action.
  The Senator from Washington.
  Ms. CANTWELL. Mr. President, I ask unanimous consent to speak for 5 
minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. CANTWELL. Thank you, Mr. President.