[Congressional Record Volume 165, Number 97 (Tuesday, June 11, 2019)]
[Senate]
[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.

                          ____________________