January 15, 2020 CONGRESSIONAL RECORD — SENATE S205 Mr. DURBIN. Mr. President, I have is difficult to imagine how students would be James, New York Attorney General; an additional letter from 20 State at- able to obtain the evidence necessary to Joshua H. Stein, North Carolina Attor- torneys general led by the Common- prove intent or recklessness for an adminis- ney General; Josh Shapiro, Pennsyl- wealth of Massachusetts Office of the trative application to the Department. The vania Attorney General; Mark R. Her- rule also inappropriately requires student ring, Virginia Attorney General; Ellen Attorney General. I ask unanimous borrowers to prove financial harm beyond F. Rosenblum, Oregon Attorney Gen- consent to have printed in the RECORD the intrinsic harm caused by incurring fed- eral; Thomas J. Donovan, Jr., Vermont the letter dated January 14, 2020. eral student loan debt as a result of fraud, Attorney General; Bob Ferguson, There being no objection, the mate- and establishes a three-year time bar on bor- Washington State Attorney General. rial was ordered to be printed in the rower defense claims, even though students Mr. DURBIN. Mr. President, along RECORD, as follows: typicaJiy do not learn until years later that they were defrauded by their schools. with Attorney General Kwame Raoul THE COMMONWEALTH OF MASSACHU- Compounding these obstacles, the rule arbi- of Illinois and others, signers include SETTS, OFFICE OF THE ATTORNEY trarily eliminates the process by which relief the attorneys general of Maine, Iowa, GENERAL, can be sought on a group level, permitting Pennsylvania, and North Carolina. In Boston, MA, January 14, 2020. those schools that have committed the most their letter, these chief state law en- Senator DICK DURBIN, egregious and systemic misconduct to ben- forcement officers write: Washington, DC. efit from their wrongdoing at the expense of Representative SUSIE LEE, borrowers with meritorious claims who are In issuing the 2019 rule, the Department Washington, DC. unaware of or unable to access relief. has abdicated its Congressionally-mandated DEAR SENATOR DURBIN AND REPRESENTA- We are uniquely well-situated to under- responsibility to protect students and tax- TIVE LEE: We, the undersigned Attorneys stand the devastating effects that the 2019 payers from the misconduct of unscrupulous General of Massachusetts, California, Dela- Rule would have on the lives of student bor- schools. The rule provides no realistic pros- ware, the District of Columbia, Hawai’i, Illi- rowers and their families. State attorneys pect for borrowers to discharge their loans nois, Iowa, Maine, Maryland, Michigan, Min- general serve an important role in the regu- when they have been defrauded by predatory nesota, New Jersey, New Mexico, New York, lation of private, postsecondary institutions. for-profit schools . . . if this rule goes into North Carolina, Oregon, Pennsylvania, Our investigations and enforcement actions effect, the result will be disastrous for stu- Vermont, Virginia, and Washington write to have repeatedly revealed that numerous for- dents while providing a windfall to abusive express our support for the resolution of dis- profit schools have deceived and defrauded schools. approval that you have introduced regarding students, and employed other unlawful tac- Senators are going to get a chance— the U.S. Department of Education’s (‘‘De- tics to line their coffers with federal student- Democrats and Republicans—to undo partment’’) 2019 Borrower Defense Rule loan funds. We have witnessed firsthand the the mess created by the Secretary of (‘‘2019 Rule’’) pursuant to the Congressional heartbreaking devastation to borrowers and Review Act. In issuing the 2019 Rule, the De- their families. Recently, for example, state Education. Senators will get a chance partment has abdicated its Congressionally- attorneys general played a critical role in to stand up for the student loan bor- mandated responsibility to protect students uncovering widespread misconduct at Career rowers who have been defrauded and, and taxpayers from the misconduct of un- Education Corporation, Education Manage- equally important, a chance to stand scrupulous schools. The rule provides no re- ment Corporation, the Art Institute and Ar- up for our veterans. How many speech- alistic prospect for borrowers to discharge gosy schools operated by the Dream Center, es have been delivered on this floor their loans when they have been defrauded ITT Technical Institute, Corinthian Col- about the men and women in uniform by predatory for-profit schools, and it elimi- leges, American Career Institute and others, nates financial responsibility requirements and then working with the Department to and those who have served and how for those same institutions. If this rule goes secure borrower-defense relief for tens of much we honor them? Honor them by into effect, the result will be disastrous for thousands of defrauded students. Though standing with the American Legion students while providing a windfall to abu- this work, we have spoken with numerous and vote to undo the borrower defense sive schools. students who, while seeking new opportuni- rule of Secretary DeVos. The 2019 Rule squanders and reverses re- ties for themselves and their families, were I yield the floor. cent progress the Department has made in lured into programs with the promise of em- The PRESIDING OFFICER (Mr. protecting students from fraud and abuse. ployment opportunities and higher earnings, SASSE). The majority whip. Three years ago, the Department completed only to be left with little to show for their a thorough rulemaking process addressing efforts aside from unaffordable debt. f borrower defense and financial responsi- A robust and fair borrower defense rule is bility, in which the views of numerous critical for ensuring that student borrowers UNITED STATES-MEXICO-CANADA schools, stakeholders, and public com- and taxpayers are not left bearing the costs TRADE AGREEMENT menters were considered and incorporated of institutional misconduct. The Depart- Mr. THUNE. Mr. President, later into a comprehensive set of regulations. The ment’s new rule instead empowers predatory today, the President will sign phase regulations, promulgated by the Department for-profit schools and cuts off relief to vic- in November 20l6 (‘‘2016 Rule’’), made sub- timized students. During the comment pe- one of the trade agreement we are ne- stantial progress toward achieving the De- riod on the 2019 Rule, we submitted these and gotiating with China. Of particular im- partment’s then-stated goal of providing de- other objections to the Department. Rather portance to my State, phase one in- frauded borrowers with a consistent, clear, than engaging with our offices, the Depart- cludes a pledge from China to substan- fair, and transparent process to seek debt re- ment ignored our comments and left our con- tially increase its imports of American lief. At the same time, the 2016 Rule pro- cerns unaddressed. We commend and support agriculture products. tected taxpayers by holding schools account- your efforts to disapprove the 2019 Rule to That is good news for South Dakota. able that engage in misconduct and ensuring protect students and taxpayers. Congress It is good news for farmers and ranch- that financially troubled schools provide the must hold predatory institutions account- government with protection against the able for their misconduct and provide relief ers who have been struggling in a risks they create. to defrauded student borrowers and, by en- tough ag economy. Low commodity The Department’s new rule would simply acting your resolution of disapproval, ensure and livestock prices, natural disasters, rescind and replace its 2016 Rule, reversing that the 2016 Rule remains the operative bor- and protracted trade disputes have all of its enhanced protections for students rower defense regulation. made the last few years challenging and its accountability measures for for-prof- Sincerely, ones for farmers and ranchers around it schools. The Department’s 2019 Rule pro- Maurn Healey, Massachusetts Attorney the country. vides an entirely unfair and unworkable General; Kathleen Jennings, Delaware I spend a lot of time in South Da- process for defrauded students to obtain loan Attorney General; Clare E. Connors, relief and will do nothing to deter and hold Hawai’i Attorney General; Tom Miller, kota, talking to our farmers and ranch- accountable schools that cheat their stu- Iowa Attorney General; Brian E. Frosh, ers. One thing they always emphasize dents. Among its numerous flaws, the De- Maryland Attorney General; Keith is the need for trade deals that will partment’s new rule places insurmountable Ellison, Minnesota Attorney General; open up new markets or expand current evidentiary burdens on student borrowers Hector Balderas, New Mexico Attorney markets for their products. with meritorious claims. The rule requires General; Xavier Becerra, California At- The China deal should significantly student borrowers to prove intentional or torney General; Karl A. Racine, Dis- increase demand for American agricul- reckless misconduct on the part of their trict of Columbia Attorney General; tural products and boost the farm schools, an extraordinarily demanding stand- Kwame Raoul, Illinois Attorney Gen- ard not consistent with state laws governing eral; Aaron M. Frey, Maine Attorney economy. But while this agreement is liability for unfair and deceptive conduct. General; Dana Nessel, Michigan Attor- excellent news, we do need to make Moreover, even where a school has inten- ney General; Gurbir S. Grewal, New sure that China will actually live up to tionally or recklessly harmed its students, it Jersey Attorney General; Letitia its commitments. China doesn’t have

VerDate Sep 11 2014 09:39 Jan 16, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G15JA6.007 S15JAPT1 SSpencer on DSKBBXCHB2PROD with SENATE S206 CONGRESSIONAL RECORD — SENATE January 15, 2020 the best record in this regard, so it is these businesses to successfully export they designed the impeachment powers important the United States make their products. South Dakota busi- of Congress. Americans and the Found- clear that any agreements must be nesses and consumers will also benefit ing Fathers, in particular, from the honored. from the fact that the agreement main- very founding day of the Republic, As we wait for the China deal to take tains the current U.S. de minimis have feared the ability of a foreign effect, one piece of definite good news threshold, which is something I fought power to interfere in our elections. on the trade front is the arrival in the hard to protect. Americans have never wanted a foreign Senate of the United States-Mexico- It is too bad farmers and ranchers power to have sway over our elections, Canada Agreement. After months of had to wait so long for the USMCA but that is what President Trump is delay by House Democrats, USMCA is trade agreement. This agreement was accused of doing—of soliciting—in finally—finally—moving through Con- concluded well over a year ago, and it these articles. gress. Here in the Senate, it is advanc- could have been taken up much sooner. I would ask my colleagues, and I ing rapidly through the required com- But House Democrats have, unfortu- would ask the American people: Do we mittees, and I expect it will be received nately, been more focused on playing want a foreign power determining who for final Senate consideration in the political games than on working with our President is or do we want the next few days. Republicans to do the American peo- American voters to determine it? It is Last week, I voted in support of this ple’s business. that serious. That is the central ques- agreement in the Senate Finance Com- I am very glad we are taking up this tion: Who should determine who our mittee, and just this morning—a few agreement now, though, and I look for- President and our other elected offi- minutes ago, in fact—I voted for this ward to voting for final passage of cials are? agreement in a meeting of the Senate USMCA in the very near future. We From the early days of the Republic, Committee on Commerce. The United should get this agreement to the Presi- foreigners have tried to interfere, and States-Mexico-Canada Agreement has dent’s desk without delay. from the early days of the Republic, we been a big priority of mine over the I yield the floor. have resisted. Yet, according to these past year, in particular because of the I suggest the absence of a quorum. articles and other things he has done, ways the agreement would benefit The PRESIDING OFFICER. The President Trump seems to aid and abet farmers and ranchers. clerk will call the roll. it. His view is, if it is good for him, Canada and Mexico are the No. 1 and The senior assistant legislative clerk then, that is good enough. That is not No. 2 markets for American agriculture proceeded to call the roll. America. We are a nation of laws—of products, and this agreement will pre- Mr. SCHUMER. Mr. President, I ask the rule of law, not of the rule of one serve and expand farmers’ access to unanimous consent that the order for man. these two critical export markets and the quorum call be rescinded. So now the Senate’s job is to try the give farmers certainty about what The PRESIDING OFFICER. Without case—to conduct a fair trial on these these markets are going to look like objection, it is so ordered. very severe charges of letting, aiding, going forward. f abetting, and encouraging a foreign I am particularly pleased about the power to interfere in our elections and ways that USMCA will benefit dairy RECOGNITION OF THE MINORITY of threatening them with the cutoff of farmers. If you drive the I–29 corridor LEADER aid—and to determine if the Presi- north of Brookings, SD, you can see The PRESIDING OFFICER. The dent’s offenses merit, if they are prov- firsthand the major dairy expansion Democratic leader is recognized. en, the most severe punishment our South Dakota has experienced over the f Constitution imagines. past several years. IMPEACHMENT The U.S.-Mexico-Canada Agreement The House has made a very strong will preserve U.S. dairy farmers’ role Mr. SCHUMER. Mr. President, today case, but, clearly, the Senators have to as a key dairy supplier to Mexico, and is a momentous, historic, and solemn see that case and watch it firsthand. A it will substantially expand market ac- day in the history of the U.S. Senate fair trial means the prosecutors who cess to Canada. The U.S. International and in the history of our Republic. The make the case and the President’s Trade Commission estimates that the House of Representatives will send Ar- counsel who provide the defense have agreement will boost U.S. dairy ex- ticles of Impeachment against Presi- all of the evidence available. It means ports by more than $277 million. The dent Trump to the Senate, and the that Senators have all of the facts to agreement will also expand market ac- Speaker will appoint the House man- make an informed decision. That cess for U.S. poultry and egg producers. agers of the impeachment case. means relevant witnesses, and that It will make it easier for American Two articles will be delivered. The means relevant documents. We all producers to export wheat to Canada first charges the President with abuse know that. We all know—every Mem- and much more. of power—of coercing a foreign leader ber of this body, Democrat or Repub- Of course, the benefits of this agree- into interfering in our elections and of lican—that you can’t have a fair, open ment are not limited to farmers and using the powers of the Presidency, the trial, particularly on something as ranchers. The United States-Mexico- most powerful public office in the Na- weighty as impeachment, when we Canada Agreement will benefit vir- tion, to benefit himself. The second don’t have the evidence and the facts. tually every sector of the economy, charges the President with obstruction The precedents of the Senate are from manufacturing to digital services of Congress for an unprecedented clear. Leader MCCONNELL is constantly to the automotive industry. It will cre- blockade of the legislature’s authority citing precedent. Here is one: The Sen- ate hundreds of thousands of new jobs, to oversee and investigate the execu- ate has always heard from witnesses in boost our economic output, and in- tive branch. impeachment trials. There have been 15 crease wages for workers. Let’s put it a different way. completed impeachment trials in the The agreement also breaks new The House of Representatives has ac- history of this country. In every single ground by including a chapter specifi- cused the President of trying to shake one of them, the Senate has heard from cally focused on small and medium- down a foreign leader for personal gain witnesses. Let me repeat that for Lead- sized businesses—the first time a U.S. to help him in his campaign, and he er MCCONNELL’s benefit since he is al- trade agreement has ever included a has done everything possible to cover ways citing the precedent of 1999. dedicated chapter on this topic. it up. This administration is unprece- There have been 15 completed impeach- Roughly, 120,000 small and medium- dented in its not being open, in its de- ment trials, including the one in 1999. sized businesses around our country ex- sire for secrecy, in its desire to prevent In the history of this country, in every port goods and services to Mexico and the public from knowing what it is single one of them, the Senate has Canada, including a number of busi- doing, and it is worst of all when it heard from witnesses. It would be un- nesses in my home State of South Da- comes in an impeachment trial. precedented not to. President John- kota. The United States-Mexico- Can- The two offenses are the types of of- son’s impeachment trial had wit- ada Agreement will make it easier for fenses the Founders had in mind when nesses—41 of them. President Clinton’s

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