Category: US Senate

Source: United States Senator for Florida Marco Rubio

In the wake of Hurricane Ian, U.S. Senators Marco Rubio (R-FL) and Rick Scott (R-FL) led bipartisan members of the Florida congressional delegation in sending a letter to U.S. Department of Commerce Secretary Gina Raimondo in support of the State of Florida’s request to declare a federal fishery resource disaster. This would provide assistance to fishing and seafood businesses that have been disrupted and/or destroyed by the storm. 
 

U.S. Representatives Kat Cammack (R-FL), Byron Donalds (R-FL), Mario Díaz-Balart (R-FL), John Rutherford (R-FL), María Elvira Salazar (R-FL), Mike Waltz (R-FL), Matt Gaetz (R-FL), Bill Posey (R-FL), Stephanie Murphy (D-FL), Vern Buchanan (R-FL), Gus Bilirakis (R-FL), Brian Mast (R-FL), Val Demings (D-FL), Darren Soto (D-FL), Debbie Wasserman Schultz (D-FL), Daniel Webster (R-FL), Scott Franklin (R-FL), Neal Dunn (R-FL), Carlos Giménez (R-FL), Kathy Castor (D-FL), Greg Steube (R-FL), and Sheila Cherfilus-McCormick (D-FL) also signed the letter.

• “Florida’s iconic fisheries are foundational to the economy and way of life in many of the communities that have been devastated by Hurricane Ian.  A timely and robust response by the Department of Commerce through the declaration of a fishery disaster in support of Florida’s fishing industries is required to help these communities recover.”

 
Last week… Rubio released details of an initial $33 billion major disaster supplemental spending measure to assist Florida in its recovery after the storm. 
 
The full text of the letter is below.
 
Dear Secretary Raimondo:
 
We write to express our support for the State of Florida’s request for the declaration of a federal fishery resource disaster in response to the severe impacts of Hurricane Ian.  We respectfully urge you to expeditiously consider the State of Florida’s request, and approve the disbursal of disaster assistance to fishing and seafood businesses that have been disrupted and/or destroyed by the storm.
 
On October 15, 2022, the State of Florida submitted a request to the U.S. Department of Commerce to declare a federal fishery resource disaster pursuant to the Magnuson-Stevens Fishery Conservation Act and the Interjurisdictional Fisheries Act, including clauses to initiate support from the Economic Development Administration, to support fishery businesses in response to Hurricane Ian.  As noted in the initial request, Florida’s recreational fishing industry has an annual $9.2 billion economic impact, and commercial fisheries produce seafood totaling $244 million in dockside value. 
 
Florida’s iconic fisheries are foundational to the economy and way of life in many of the communities that have been devastated by Hurricane Ian.  A timely and robust response by the Department of Commerce through the declaration of a fishery disaster in support of Florida’s fishing industries is required to help these communities recover.  We urge you to approve the declaration without delay.
 
Thank you for your attention to this important matter.
 
 Sincerely,

Source: United States Senator for Maryland Chris Van Hollen

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Source: United States Senator for Maryland Chris Van Hollen

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Source: United States Senator for Michigan Debbie Stabenow 2

$8.5 Billion to transform and strengthen behavioral health clinics is part of the Bipartisan Safer Communities Act

Tuesday, October 18, 2022

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WASHINGTON—Senators Debbie Stabenow (D-MI) and Roy Blunt (R-MO), along with the U.S. Department of Health and Human Services and the Substance Abuse and Mental Health Services Administration, announced that states across the country will now be able to join Senator Stabenow’s and Senator Blunt’s successful initiative to fully-fund high quality mental health and addiction services through Certified Community Behavioral Health Clinics.

 

Up until now, the majority of services have been provided by grants that start and stop. CCBHCs are transforming community care by setting high quality standards of care and then funding mental health and addiction services as health care through Medicaid. This is the same successful structure used for federally-qualified health centers

 

Ten states, including Michigan and Missouri, were selected to be a part of the mental health and addiction initiative created by the Excellence in Mental Health and Addiction Treatment Act.

 

In order to receive enhanced Medicaid funding, the clinics are required to provide crisis services that are available 24 hours a day, 7 days a week and serve anyone who requests care for mental health or substance use, regardless of their ability to pay. Other high-quality services are required as well.

 

With the passage of the new law, all states and the District of Columbia are eligible to submit applications for planning grants to develop CCBHCs in their states. In early 2023, 15 states will be awarded up to $1 million for one-year planning grants and from those, 10 will be selected to be in the actual CCBHC program, starting in 2024. While 10 states will join the initiative in 2024, the Bipartisan Safer Communities Act allows every state to eventually join. 

  

“Our mental health care and addiction initiative is a proven success story and is transforming mental health and addiction treatment across our country. Now, every state will be able to join and make sure health care above the neck is funded the same way as health care below the neck. Senator Blunt was a great partner with me in passing the Bipartisan Safer Communities Act, and together with the Biden-Harris Administration, help through our highly successful clinics will begin to reach people in every corner of our country,” said Senator Stabenow.

 

“Our Excellence in Mental Health demonstration program has shown that treating mental health like all other health is not only the right thing to do, it’s the smart thing to do,” said Senator Blunt. “For too long, emergency rooms and law enforcement have served as the de facto mental health care delivery system in our country. Certified Community Behavioral Health Clinics are changing that, helping people get the comprehensive behavioral health care they need, when they need it. Today’s announcement builds on the success we have seen in states that are currently part of the Excellence program, including Missouri and Michigan. I’m grateful for Senator Stabenow’s nearly decade-long partnership in this effort, and the support of the Biden administration. Giving every state the opportunity to be a part of the Excellence program is a huge milestone that will help millions of Americans live longer, healthier, happier lives.” 

 

“The significant expansion and enhancement of CCBHCs across the U.S. underscores the Biden-Harris Administration’s commitment to improving the behavioral health of all Americans, especially in vulnerable communities,” said Health and Human Services Secretary Xavier Becerra. “Behavioral health is health. Period. There should be no distinction.”

 

“Certified Community Behavioral Health Clinics are transforming behavioral health systems one community at a time,” said Miriam Delphin-Rittmon, Ph.D., HHS Assistant Secretary for Mental Health and Substance Use and the leader of SAMHSA. “CCBHCs expand the quality and speed of behavioral health help to those in need.”

 

“I applaud SAMHSA’s steps to expand access to critical behavioral health services through this funding announcement,” said CMS Administrator Chiquita Brooks-LaSure. “Thanks to the Bipartisan Safer Communities Act, we are proud to partner with SAMHSA to expand access to critical behavioral health care.”

 

Certified Community Behavioral Health Clinics are required to provide a comprehensive set of services including 24/7/365 crisis services; outpatient mental health and substance abuse treatment services; immediate screenings, risk assessments, and diagnoses; and care coordination including partnerships with emergency rooms, law enforcement, and veterans’groups.

  

A report authored by the National Council for Mental Wellbeing shows that these community clinics are increasing access to high-quality mental health and addiction treatment that is making a difference in the lives of thousands of people in communities across the country.

 

The Department of Health and Human Services found that people who receive care at these clinics had:

·                     72 % reduction in hospitalization

·                     69 % reduction in visits to the emergency room.

·                     40.7 % decrease in homelessness.

·                     60.3 % less time in jails.

 

Also, 84% of these clinics either already provide direct services on site at elementary, middle, and high schools or plan to in the future.

 

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Source: United States Senator for Texas John Cornyn

GAO Report Requested by Sen. Cornyn Shows One in Four Migrants Disappear Into the U.S.

EL PASO – U.S. Senator John Cornyn (R-TX) released the following statement after the U.S. Government Accountability Office (GAO) publishedthe information he requested on the Biden Administration’s “Notice to Report” process at the Southern border, which showed that the asylum process is extremely backlogged and one out of every four migrants given a Notice to Report disappears into the U.S.:

“This report lays bare what we already knew: the Biden Administration’s practice of issuing so-called Notices to Report or otherwise paroling migrants into the U.S. on the promise they will eventually report to ICE is an abject failure, with one in four migrants disappearing into the interior, unlikely to be located again,” said Sen. Cornyn. “Instead of propping up ineffective programs that exacerbate the problem, the Biden Administration should work with Congress to actually fix this issue and relieve the immense burden this crisis has placed on border communities.”

Background:

Sens. Cornyn and James Lankford (R-OK) sent a letter in August of 2021 to U.S. Comptroller General Gene L. Dodaro asking that the GAO examine the Department of Homeland Security’s “notice to report to ICE (U.S. Immigration Customs and Enforcement)” process. This report, which can be found here, is a result of that request and shows:

• U.S. Customs and Border Protection (CBP) did not coordinate with or provide advance notice to ICE Enforcement and Removal Operations prior to implementing its Notice to Report (NTR) process. As a result of the lack of advance coordination, ICE offices were sometimes flooded with migrants whom ICE did not have the capacity to process. One ICE field office reported that on certain days between 300 and 500 migrants would appear outside their office asking to be processed.
• Nearly one out of four migrants processed with Notice to Report and Parole did not actually report. Twenty-two to 25 percent of migrants apprehended as part of a family unit and issued a NTR have not reported to ICE. Seventy-eight percent of such migrants who received a NTR reported, but only 75 percent with Parole/ATD reported. However, migrants who reported to ICE offices that did not have the capacity to fully process them were simply recorded as meeting the terms of their parole, and were rescheduled for a future appointment date, meaning that immigration court proceedings may not have formally begun for all of those migrants who did report. 
• CBP did not validate addresses for migrants who were processed with NTRs and faced issues with address validation for Parole/ATD as well. CBP’s systems could not distinguish between a home address and a commercial address, which means that CBP had no way to determine whether the migrant would be residing at the address given.

In March 2021, the Border Patrol initiated its Notice to Report (NTR) process for border crossers, and in July 2021, they began a “humanitarian parole” process known as “Parole plus ATD.” From July 2021 through Feb. 2022, the Border Patrol released about 91,000 family unit members under parole plus ATD. During the lifespan of the program, the Border Patrol released about 94,000 family unit members with an NTR before ending the practice in Nov. 2021.

Source: United States Senator for Illinois Dick Durbin

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL) and U.S. Senator Elizabeth Warren (D-MA) today sent a letter along with U.S. Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Cory Booker (D-NJ), and Mazie Hirono (D-HI), to Secretary of Education Miguel Cardona urging him to use the Department of Education’s authority to hold executives and owners of predatory for-profit colleges accountable for scamming students out of a meaningful education and saddling them with insurmountable student debt while they count their profits. Holding these executives personally liable would allow the Department of Education to recoup the federal funds spent to rescue students from the mountains of debt they are left with by the for-profit colleges that offer near meaningless degrees and no prospects for employment. It also would send a clear warning signal to current executives at for-profit colleges that the Department may hold them accountable if they continue to scam students. 

“We urge you to use your clear statutory authority under 20 U.S.C. § 1099c(e) to hold school owners and executives personally liable for scamming students and taxpayers and recoup funds related to certain student debt discharges, including closed school discharges, borrower defense discharges, and other discharges premised on misconduct by for-profit institutions of higher education,” wrote the Senators. “Despite the Department repeatedly finding that fraudulent for-profit colleges widely mislead students and misrepresented their costs, ability to transfer credits, and earning potential, their executives continue to take home huge profits.  Too often, students are left saddled with debt and no career path while the executives at these institutions prioritize profits over student outcomes.”

Durbin and Warren offered ITT Technical Institute’s CEO, Kevin Modany, as an example of the for-profit college executives who reap the benefits of cheating students. Modany made more than $7.5 million from his salary, bonus, and stocks in 2009 – a year when the majority of Americans were facing incredible financial hardship from the Great Recession. Similarly, leaders at Corinthian Colleges were paid nearly $1 million in bonuses just weeks before the shameful for-profit college collapsed.

The Senators went on to emphasize that the reauthorization of the Higher Education Act (HEA) gives the Department the authority to hold executives personally liable for the damage done by scamming students. While the Department has yet to use this authority, the Senators called on Secretary Cardona to use this power to recoup federal funds used to bail out students from the executives who took advantage of those students.

“The HEA expressly authorizes the Department to recoup financial losses from individuals who ‘exercise substantial control’ over institutions, including owners, board members, CEOs, and other executives.   The HEA also does not state that a Program Participation Agreement (PPA) signature is required to hold an owner, board member, CEO, or executive personally liable.  On the contrary, the HEA allows the Secretary of Education to determine substantial control as a person who, ‘directly or indirectly controls a substantial ownership interest in the institution,’ or ‘represents […] substantial ownership interest in the institution,’” the Senators wrote. 

“The public record, however, is devoid of any instance where the Department has exerted its authority to hold executives and owners personally liable.  As a result, the federal government shoulders the full financial burden of schools’ misdeeds while executives face little personal risk for continuing to take advantage of both students and taxpayers,” they continued. 

The Senators concluded their letter by requesting a response to six questions that focused on the financial damage that for-profit colleges have inflicted on students and what actions have been taken to hold for-profit college executives liable for their role in leaving students drowning in debt without a viable degree. 

“Students and taxpayers should not be left holding the bag when predatory for-profit colleges and executives cause lifelong damage to students’ educational and financial well-being, nor should the Department adopt positions that encourage executives to prey on students.  We strongly urge the Department to work swiftly to leverage its authority in the future and retroactively to better hold bad actors accountable for their actions.  Thank you for your consideration. We look forward to your prompt response,” the Senators concluded. 

Find a copy of the letter here and below:

October 18, 2022

Dear Secretary Cardona:

We applaud the Department of Education’s (“the Department”) recent and ongoing efforts to clear the backlog of borrower defense to repayment claims that the Trump Administration allowed to accumulate.  Students who were defrauded by some of the worst actors in the for-profit college industry, including Corinthian Colleges, ITT Technical Institute, and Westwood College, have finally received the relief they deserve after years of waiting.  As the Department rights these wrongs, we urge you to use your clear statutory authority under 20 U.S.C. § 1099c(e) to hold school owners and executives personally liable for scamming students and taxpayers and recoup funds related to certain student debt discharges, including closed school discharges, borrower defense discharges, and other discharges premised on misconduct by for-profit institutions of higher education. 

Despite the Department repeatedly finding that fraudulent for-profit colleges widely mislead students and misrepresented their costs, ability to transfer credits, and earning potential, their executives continue to take home huge profits.  Too often, students are left saddled with debt and no career path while the executives at these institutions prioritize profits over student outcomes.  ITT Technical Institute’s CEO, Kevin Modany, made more than $7.5 million from his salary, bonus, and stocks in 2009, a year when the majority of Americans were still navigating the Great Recession.^[1]  Corinthian College’s executives were paid nearly $1 million in bonuses weeks before its disastrous collapse.^[2]  When owners and executives are not held personally accountable, they continue to take home large profits as students and taxpayers end up holding the bag. 

In a 1991 House Committee on Education and Labor hearing, former Inspector General Thomas recommended that the 1992 reauthorization of the Higher Education Act (HEA) should, “require owners of corporate proprietary schools to be personally liable for school losses.”^[3]  The HEA expressly authorizes the Department to recoup financial losses from individuals who “exercise substantial control” over institutions, including owners, board members, CEOs, and other executives.^[4]  The HEA also does not state that a Program Participation Agreement (PPA) signature is required to hold an owner, board member, CEO, or executive personally liable.  On the contrary, the HEA allows the Secretary of Education to determine substantial control as a person who, “directly or indirectly controls a substantial ownership interest in the institution,” or “represents […] substantial ownership interest in the institution.”^[5]  

The public record, however, is devoid of any instance where the Department has exerted its authority to hold executives and owners personally liable.  As a result, the federal government shoulders the full financial burden of schools’ misdeeds while executives face little personal risk for continuing to take advantage of both students and taxpayers.  During an October 2021 House Education and Labor Committee hearing, Chairman Scott urged Federal Student Aid Chief Operating Officer (COO) Cordray to use the Department’s personal liability authorities to recoup federal funds instead of leaving taxpayers on the hook for the misdoings of unscrupulous institutions. Mr. Cordray agreed.^[6]

Nearly a year later, the Department has approved more than $14.5 billion in loan discharges for nearly 1.1 million borrowers, but has failed to hold Corinthian College, ITT Technical Institute, and other higher education profiteers accountable for their predatory practices. ^[7]  In a March 31, 2022, letter to Chairman Scott, Under Secretary Kvaal asserted that because the Department “did not require the owners of [certain] institutions to assume for losses by co-signing the [PPAs], […] there is no clear path to collect liabilities from entities or individuals associated with the shuttered institutions.”^[8]  While we appreciate that the Department has amended its practices with respect to signatories on those agreements, and “recently denied an institution’s application to be recertified to participate in the Federal financial aid programs after an entity owner refused to sign the institution’s PPA,” there is nothing in the HEA that limits the application of personal liability to those individuals who signed a PPA. ^[9] 

After issuing nearly $6 billion of loan forgiveness for defrauded former Corinthian Colleges students on June 13, 2022, the Department said it did not have the authority to pursue owners and executives for debts related to these discharges.^[10] 

Furthermore, the proposed regulations from the Department’s recent Notice of Proposed Rulemaking on this issue state that the federal government would recoup only two percent of borrower defense discharges from companies and individuals responsible.  This is contrary to what the HEA authorizes and what COO Cordray agreed to do. This stance also greenlights executives to continue to prey on students while lining their pockets.

Given the ongoing obscurity around this policy, we request your response to following questions by November 1, 2022:

1. Please provide an accounting of the total losses to the federal government due to students being defrauded by the following colleges: Institutions owned by Corinthian Colleges, Inc.; Institutions owned by ITT Educational Services; Westwood College; Kaplan Career Institute; Marinello Schools of Beauty; DeVry University; and Minnesota School of Business and Globe University.
2. When providing this accounting, please show, with respect to each school, the total amount recovered from any individual executive, owner, or board member. 
3. Please provide an explanation for the Department’s position that it lacks legal authority under 20 U.S.C. § 1099c(e) to hold college executives personally liable for losses to students and taxpayers.
4. Please provide an explanation for the Department’s position that it lacks legal authority under 20 U.S.C. § 1099c(e) to hold college executives personally liable for losses to students and taxpayers.
5. In the wake of approving student loan debt relief for students who attended Corinthian Colleges and ITT Technical Institute, the Department said it would not hold former owners or executives personally liable.^[11]  Please provide an explanation for this decision.
6. Please explain the apparent inconsistencies between Mr. Cordray’s testimony to Chairman Scott and Under Secretary Kvaal’s March 2022 letter to Chairman Scott regarding the Department’s authority to hold individual owners and executives personally accountable.
7. Personal liability is designed to deter future misconduct.  When former owners and executives walk away unscathed, they are incentivized to prey on students and taxpayers in the future.  Since PPAs can include specific conditions for an institution to receive Title IV funding, as former Secretary DeVos used in the 2020 case with Florida Coastal School of Law, they can act as a deterrent for this predation.^[12]  We applaud the Department’s updated PPA signature requirements, insofar as they make it explicit to schools that the HEA provides the Department the authority to hold “entities” liable if they have a significant effect on a school’s administrative capability or financial responsibility.  Please clarify whether an individual could be considered an “entity” if the individual meets the criteria in the Department’s updated requirements.  Going forward, how will the Department determine how much to recoup from a person who “exercises substantial control?”     

Students and taxpayers should not be left holding the bag when predatory for-profit colleges and executives cause lifelong damage to students’ educational and financial well-being, nor should the Department adopt positions that encourage executives to prey on students.  We strongly urge the Department to work swiftly to leverage its authority in the future and retroactively to better hold bad actors accountable for their actions.  Thank you for your consideration. We look forward to your prompt response. 

Source: United States Senator Marsha Blackburn (R-Tenn)

WASHINGTON, D.C. – U.S. Senator Marsha Blackburn (R-Tenn.), along with Senator Roger Marshall (R-Kan.) released a public service announcement (PSA) video warning parents about deadly rainbow fentanyl, which is trafficked into the United States by Mexican cartels to target children. This variation of fentanyl can be found in the form of pills that look like candy or powder that looks like sidewalk chalk.

“The powerful drug cartels are coming after your kids, your neighbors, your students, your family members, and your friends. No one is sparred as fake pills laced with fentanyl are beginning to look like candy in an effort to lure young Americans,” Blackburn says in the video.

“I come to you today not only as a U.S. senator but as a fellow American concerned about the health of our nation’s youth this Halloween,” Marshall states.

 

Senators Shelley Moore Capito (R-W.Va.), Bill Cassidy, M.D. (R-La.), Deb Fischer (R-Neb.), Steve Daines (R-Mont.), Cindy Hyde-Smith (R-Miss.), Rick Scott (R-Fla.), Dan Sullivan (R-Alaska), John Barrasso, M.D. (R-Wyo.), Joni Ernst (R-Iowa), James Risch (R-Idaho), and John Cornyn (R-Texas) also joined Blackburn and Marshall in the PSA message.

Source: United States Senator for West Virginia Joe Manchin

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Source: United States Senator for West Virginia Shelley Moore Capito

BARBOURSVILLE, W.Va. – U.S. Senator Shelley Moore Capito (R-W.Va.) today brought Marshall Health Chief Executive Officer Beth “Buffy” Hammers, and a medical student and a resident physician from Marshall University, to Barboursville Middle School to promote female empowerment, education, fitness, and self-confidence.

During the event, Senator Capito, Buffy Hammers, and the medical students—who both attended Barboursville Middle School—met with sixth grade female students as part of Senator Capito’s Girls Rise Up program. Students had the chance to hear about their personal experiences as female leaders and learn more about the importance of having more women in the health care workforce. Today’s event marks the 27th event since the program’s launch in 2015.

“Today marks our very first Girls Rise Up event with Marshall Health, and I was thrilled to have female trailblazer Buffy Hammers alongside me, as well as a medical student and resident physician from Marshall University who are excelling in their field,” Senator Capito said. “Young West Virginia girls need to know that they can achieve whatever they wish to accomplish if they set their minds to it, and these women are living proof of that. I’m confident that the Barboursville Middle School students will achieve success, and most importantly, build each other up every day.”

“Thank you to Senator Capito for making this a priority. I share her passion for empowering young women,” Buffy Hammers said. “These young ladies need to know they can do anything they put their minds to and that they have the power to make a difference. Both of my children attended Barboursville Middle School, so I appreciate the opportunity to share my story, and hopefully, inspire a new generation of female healthcare leaders right here in our community.”

“As the first female to be elected to the U.S. Senate from West Virginia, Senator Capito has been an inspiration to me personally. I welcomed the opportunity for her and Buffy, whose children were both our former students, to share their stories and the ‘Girls Rise Up’ Program with our sixth grade girls. Setting goals, believing in yourself, and hard work are all a part of our principles at Barboursville Middle School, so this program and their visit was a perfect fit,” Kerri Smith, Barboursville Middle School Principal, said.

Senator Capito launched the West Virginia Girls Rise Up program in 2015 to instill confidence in young West Virginia women and empower them to be strong and kind female leaders. The program focuses on three areas: education, fitness, and self-confidence.

Photos from today’s event are included below:

  

U.S. Senator Shelley Moore Capito (R-W.Va.) holds a West Virginia Girls Rise Up event with Marshall Health at Barboursville Middle School in Barboursville, W.Va. on Tuesday, October 18, 2022.

U.S. Senator Shelley Moore Capito (R-W.Va.) holds a West Virginia Girls Rise Up event with Marshall Health at Barboursville Middle School in Barboursville, W.Va. on Tuesday, October 18, 2022.

U.S. Senator Shelley Moore Capito (R-W.Va.) holds a West Virginia Girls Rise Up event with Marshall Health at Barboursville Middle School in Barboursville, W.Va. on Tuesday, October 18, 2022.

U.S. Senator Shelley Moore Capito (R-W.Va.) holds a West Virginia Girls Rise Up event with Marshall Health at Barboursville Middle School in Barboursville, W.Va. on Tuesday, October 18, 2022.

 

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