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Sen. Moran & Colleagues Urge Administration Not to Bypass Senate on Nuclear Testing

In Letter, Senators Express Frustration with Unconstitutional Pursuit of Nuclear Testing Treaty

Sep 12 2016

WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) joined U.S. Senator Marco Rubio (R-Fla.) and a group of 31 other senators last week in urging President Obama not to bypass the Senate in order to seek United Nations Security Council endorsement of the Comprehensive Nuclear Test Ban Treaty (CTBT). In the letter, the senators warn they may withhold key funding if the president acts unilaterally. The latest news that North Korea on Friday conducted its fifth known nuclear test underscores the importance of this issue.

“This administration’s ‘strategic patience’ approach has failed to rein in North Korea’s hostile nuclear weapons program,” said Sen. Moran. “The communist regime’s recent nuclear test – the fourth on the president’s watch – is just the latest example. North Korea and Iran are among the countries with nuclear programs that have not signed the CTBT and would not follow the same rules we do. The United States has not conducted a nuclear test since 1992, but permanently prohibiting future testing when it may be required for our nation’s safety is a debate that rightfully belongs to the Senate chosen by the American people.”

The Constitution “limits the President’s power to make treaties subject to the advice and consent of the Senate,” wrote the senators. “It is thus disturbing that your Administration appears to be trying to circumvent the Senate’s constitutional treaty role, this time by seeking to use the United Nations Security Council to endorse the Comprehensive Nuclear Test Ban Treaty (CTBT), which the Senate rejected in 1999.”

The letter makes it clear that “Seeking a U.N. Security Council Resolution to limit or prohibit nuclear weapons testing would be an unconstitutional assertion of Executive authority and an abuse of the separation of powers,” and seeks answers to seven questions regarding the administration’s ongoing negotiations.

Sen. Moran spoke on the Senate floor in February about Congress’ role curtailing nuclear proliferation and testing – particularly to denounce and focus attention on North Korea’s immediate nuclear aspirations. Last month, the Obama administration announced its intent to bypass Congress and unilaterally push for U.N. action.

The full text of the letter may be found here.

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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) released the following statement today ahead of the 15th anniversary of the Sept. 11, 2001, terrorist attacks:

“Fifteen years ago, our nation suffered the deadliest terrorist attack in our history. We came together in the days that followed united as Americans to recover and rebuild. On the anniversary of that terrible day, we remember those who perished and lend our support to those who lost a spouse, a parent, a child or a friend. We honor our first responders, firefighters, police and EMTs who acted with courage and strength amid such great danger to save so many lives. And we are reminded of the vigilance required of us to fight the evil of terrorism and those who wish to do our nation harm.”

Click here to watch a video of Sen. Moran reflecting on his visit to ground zero shortly after Sept. 11, 2001.

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Sen. Moran Continues to Aim Attention at Leavenworth Abuse Case

VA affirms commitment and attentiveness to achieving justice for veterans

Sep 08 2016

WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – member of the Senate Veterans’ Affairs Committee – this week called attention to the recent cases of sexual abuse against veterans in the Department of Veterans Affairs (VA) Eastern Kansas Health Care System during a committee hearing with senior VA officials. Sen. Moran received a commitment from Veterans Health Administration (VHA) Deputy Under Secretary Dr. Carolyn Clancy to address the hiring and background check processes that failed those veterans who were abused and to take steps to prevent future cases involving such deplorable acts by a VA employee.

Highlights of Sen. Moran’s remarks may be found below, along with links to the video:

Sen. Moran (0:12): “I want to raise a circumstance we find ourselves in in Kansas, and this is a topic that I have raised with (VA Inspector General) Mr. Missal as well as a letter to the secretary, but a tragedy has occurred in our state that involves the Leavenworth VA. And that tragedy is that a physician assistant is accused of sexually harassing and molesting veterans – particularly those with PTSD – and has been discharged from, has terminated his employment with the VA. But the facts now indicate that the knowledge of this person’s history could have, or perhaps it was known, he indicated in his application for licensure that he had past circumstances involving sexual crimes, and yet the individual still gets hired by the Department of Veterans Affairs. The reports continue to come in – criminal prosecution is ongoing…Again, it’s outrageous that someone with a criminal record would be hired and put in a position to care for our veterans…Are there things afoot at the VA that would improve the circumstances that these kind of circumstances – this circumstance in particular – can’t or wouldn’t happen again.”

Dr. Clancy (2:47): “First, we share your sense of outrage on behalf of the veterans you serve and, frankly, all veterans. And it is our responsibility to learn from this so that we can prevent anything that we could have done differently from happening in the future. That is a big priority for the group that I’m leading at VA, so I appreciate your comments very much…We will certainly be most attentive to the specific responses you need around this incident.”

Sen. Moran (4:58): “Doctor Clancy, I appreciate what you just said. I would tell you that I have had the sense over a period of time that seemingly too often when there’s a problem with an employee – a healthcare provider within the VA – my impression…is the most likely outcome is that professional is transferred to some other facility within the Department of Veterans Affairs. It seems to me that the likelihood of termination is minimized and often an individual is transferred.”

Dr. Clancy (5:43): “I can tell you that it was my highest priority to make sure that that did not happen. I can’t speak to what has happened in the past, but that’s not fair to veterans or to anyone else.”

Sen. Moran (6:16): “Doctor, I use this hearing as an opportunity to raise this issue for its importance. In this particular circumstance, justice needs to be had – individual veterans need to be cared for as a result of this individual’s actions. But, also, that this needs to come to an end – this should never be the circumstance we find ourselves in in any VA facility across the country and I would ask your commitment that we achieve that goal.”

Dr. Clancy (6:41): “You have my full commitment to that.”

Senate Veterans’ Affairs Committee Chairman Sen. Johnny Isakson (R-Ga.) (6:44): “I want to thank Senator Moran for bringing up the subject and I want to make a comment if I can…there’s certain crimes or certain practices or certain illegal activities for which there should be zero tolerance period. Sexual predators is one of them…There ought to be a complete attitude of zero tolerance for certain things and sexual abuse or sexual predators is one of them.”

Background
Sen. Moran has previously pressed the VA for answers through a recent letter to VA Secretary Robert McDonald and phone conversation with VA Inspector General Michael Missal.

Mr. Wisner has been charged with aggravated sexual battery, aggravated criminal sodomy and misdemeanor sexual battery and faces numerous federal lawsuits stemming from his actions while as an employee of the VA.

Click here to watch Sen. Moran’s remarks on YouTube.

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Kansans, no matter where they live, ought to have the opportunity to be heard by those who serve them. Sen. Moran wrapped up his third 105-stop tour since being elected to the Senate recently with a stop in Sharon Springs.

WASHINGTON – U.S. Senator Jerry Moran (R-Kan.), in a recent letter to U.S. Department of Veterans Affairs (VA) Secretary Robert McDonald and phone conversation with VA Inspector General Michael Missal, pressed the VA for details regarding multiple allegations of sexual abuse in the VA Eastern Kansas Health Care System against former Physician Assistant Mark Wisner. At issue is the VA’s knowledge of Mr. Wisner’s criminal history prior to his employment, the VA’s reaction to Mr. Wisner’s admittance of wrongdoing and the possibility that Mr. Wisner’s abuses were not limited to the Leavenworth VA Medical Center.

“It is deeply disturbing that someone entrusted to care for our nation’s veterans would instead subvert that trust to perpetrate such heinous crimes,” said Sen. Moran. “The facts surrounding these abuses must be fully examined in order to prevent a situation where veterans are subjected to an individual who adds to their wounds of war rather than healing them.”

Mr. Wisner has been charged with aggravated sexual battery, aggravated criminal sodomy and misdemeanor sexual battery and faces numerous federal lawsuits stemming from his actions while as an employee of the VA.

A full copy of the letter may be found here and an excerpt may be found below:

Dear Secretary McDonald,

I am writing to call your attention to the tragic and disturbing allegations of abuse of veterans by a Physician Assistant in the VA Eastern Kansas Health Care System, Mark Wisner. As a result of veterans bravely coming forward with their experiences, Mr. Wisner faces two criminal cases in Leavenworth County that include charges of aggravated sexual battery, aggravated criminal sodomy and three misdemeanor charges of sexual battery. While the court proceedings for these cases are underway, Mr. Wisner also faces numerous lawsuits filed in federal court by the veterans who allege they were subjected to his abuse. Revelations regarding Mr. Wisner’s criminal background and lewd behavior have surfaced in press reports, calling into question what the VA knew, or reasonably should have known, to protect veterans from a criminal who eventually abused them.

Recent reports and evidence of Mr. Wisner’s medical credentials show that he admitted he was convicted of a crime when applying for his state licensure. It is unclear whether the VA investigated Mr. Wisner’s criminal record as part of his application process and hiring by the VA. It is extremely troubling that a criminal can admit to having committed a crime and yet be hired for a position where veterans are under his or her care. Please explain the vetting process for hiring VA personnel and answer these specific questions:

  1. What information is a medical provider applicant required to provide or answer as part of the VA hiring process? 
  2. Does the VA Central Office or a local medical center or facility oversee the hiring of medical provider applicants?  Please describe the offices involved in and responsible for the hiring of medical providers. 
  3. Does the VA conduct a criminal background check on all applicants?  Is there a different standard specifically for medical providers who seek a position in patient care?  Please explain the criminal background check process for applicants to serve in the VA.
  4. In the scenario of an applicant who has been convicted of a crime, what is the standard or threshold to determine if the applicant’s crime is a disqualifying factor? 
  5. Is there any VA directive, guidance, regulation or rule that sets a standard or threshold to determine what type of crime is a disqualifying factor for an applicant?  What office is responsible for making this determination?



The agency created to serve and take care of veterans employed a criminal who took advantage of veterans who sought his medical assistance. Veterans who put their lives on the line to return home safely and then experience abuse by a medical provider they trusted at their own VA, a place where they should be protected and honored, is an egregious injustice. Mr. Wisner violated the sacred promise of the VA’s sole mission to care for those who served our nation, not to add to their wounds of war. The revelations of Mr. Wisner’s background and the depth of his abuse must be fully investigated and I want to make certain the VA is taking every action possible to determine how such a horror could have happened and to prevent such a situation from ever happening again. I look forward to your prompt and informative response.

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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.), member of the Senate Appropriations Health Subcommittee, issued the following statement after voting in favor of the Fiscal Year 2017 Military Construction and Veterans Affairs and Zika Response Appropriations Act (H.R. 2577) conference report:

“Three times now the Senate has failed to come together to support a fiscally responsible approach to fighting Zika. Congress must make certain our nation’s experts have what they need to combat this virus, and I will continue to advocate for a solution. No woman’s reaction to learning she is pregnant should be fear because of Zika, and no newborn child’s well-being should be endangered because their nation’s leaders lack the will to get the job done.

“This bill also supports our nation’s veterans and prioritizes critical military construction projects in Kansas. Partisan gridlock impacts the readiness of our military and increases the challenges our veterans currently face.”

Click here to read Sen. Moran’s recent op-ed on the importance of coming together to combat the Zika virus.

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DENVER – U.S. Senator Jerry Moran (R-Kan.) – chairman of the Senate Agriculture Appropriations Subcommittee – toured the U.S. Food and Drug Administration’s (FDA) Denver District Laboratory on Friday, Sept. 2. He was joined on the tour by FDA Commissioner Dr. Robert Califf, Global Regulatory Operations and Policy Deputy Commissioner Howard Sklamberg, Regulatory Affairs Deputy Associate Commissioner Dr. Steve Solomon, and Office of Operations CFO Jay Tyler.

“The tour provided valuable insight as to how ongoing research helps ensure our food supply is healthy and safe,” said Sen. Moran. “As I consider appropriations for the FDA, I appreciate seeing firsthand the work of their facilities to make certain the health of American families, from farm to fork, is a top priority. Besides helping to keep consumers safe, the research performed by scientists at the lab benefits Kansas agriculture producers by continuing to instill confidence in our food systems.”

The Denver lab focuses on chemicals and microorganisms found in food, drugs, devices and cosmetics, and plays an instrumental role in antibiotic resistance testing. The lab is home to the Animal Drugs Research Center (ADRC), whose work centers on research for livestock drugs and ways we can minimize the impact of medications used for animals across the food chain.

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Sen. Moran Introduces Legislation, Schedules Hearing to Improve Kansans' Access to Entertainment Events

Bill Would Improve Kansans' Access to Entertainment Events

Sep 06 2016

WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – Chairman of the Senate Consumer Protection, Product Safety, Insurance and Data Security Subcommittee – recently introduced the Better Online Ticket Sales (BOTS) Act (S. 3183). The legislation would put an end to the growing practice of ticket scalpers utilizing software to poach tickets to in-demand events and drive up prices for consumers.

“Scalpers have long been driving up ticket prices and harming consumers, but their methods are becoming increasingly sophisticated,” said Sen. Moran. “It’s hard enough to get tickets to high-profile events without the added struggle of having to fight bots online. My legislation seeks to put an end to this practice, and I plan to chair a hearing on this important legislation next week as we work to protect consumers from fraud and level the playing field for all Americans.”

“We support any bill that allows Kansas patrons equal access to all tickets that are available for our events,” said InTrust Bank Arena (Wichita, Kan.) General Manager A.J. Boleski. “Those that use computer programs to circumvent ticketing systems protocols should not be able to acquire large quantities of tickets only to put them out for resell to the general public at a higher price.”

Pandora-Ticketfly Head of Public Policy Katie Peters added, “Scalpers siphon off nearly $5 billion in concert ticket revenue every year, hurting people across the music ecosystem – from fans and artists, to their local concert venues and promoters. We applaud Senator Moran for introducing this legislation to make sure those who create and take part in amazing events are properly rewarded. It’s important for lawmakers to act swiftly on this to help create a music economy that works for everyone.”

Sen. Moran will convene a hearing on Tuesday, Sept. 13 to discuss the BOTS Act.

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MANHATTAN, Kan. – U.S. Senator Jerry Moran (R-Kan.), Chairman of the Senate Agriculture Appropriations Committee, today joined U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) Administrator Val Dolci in announcing that additional funding will be made available to assist more than 1,900 producers who have been approved for operating loans.

“Access to credit is essential to keeping American farmers in business, especially in the context of a farm economy as poor as it is right now,” said Sen. Moran. “FSA operating loans often serve as both the only line of credit available to beginning farmers and the last resort for producers without access to commercial lending. As chairman of the Senate Agriculture Appropriations Subcommittee, I will continue to work with USDA to make certain the demand for FSA operating loans is met. Farmers need every tool available to them as they deal with the strain of declining crop prices and revenues.”

Background
Increased demand for FSA direct and guaranteed operating loans brought about a shortfall in available funds for fiscal year 2016 and left FSA unable to provide loans to more than 1,900 approved applicants. The Senate Agriculture Appropriations Subcommittee’s approval this week of USDA’s request to reprogram funding allowed the department to make additional funds available to help reduce the loan shortage.

The funds will leverage up to $185 million in additional lending for FSA operating loans, reducing the backlog of approved borrowers and bridging the gap until more funds are made available at the beginning of the next fiscal year on October 1, 2016. The Senate Agriculture Appropriations bill fully funds FSA direct and guaranteed operation loans at the requested amount for next fiscal year.

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COLORADO SPRINGS, Colo. – U.S. Senator Jerry Moran (R-Kan.) met with Kansas Cadets at the U.S. Air Force Academy in Colorado Springs, Colo. on Friday, August 26.

“Days like these serve as a reminder that Kansas produces smart, hard-working and civic-minded individuals who want to give back to their country,” Sen. Moran said. “As a member of the United States Air Force Academy Board of Visitors, I was pleased to pay another visit to the Academy and meet with Kansas Cadets – some I had the distinct pleasure of nominating to attend.”

The Kansas Cadets pictured are Jordan Boyce of Leavenworth, Kyle Gericke of Wichita, Chad Gray of Topeka, Braydon Husckha of Overland Park, John McCune of Valley Center, Michael Pieschl of Wichita and Scott Rider of Wichita.

The Air Force Academy Board of Visitors inquires into the morale, discipline, curriculum, instruction, physical equipment, fiscal affairs, academic methods and other matters relating to the Academy. The group meets at least quarterly and prepares semiannual reports for the secretary of defense, the secretary of the Air Force, and congressional committees.

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