Mark Souder
Higher Education Act Reform Campaign
Since 1998 DRCNet has campaigned for repeal of the drug provision of the Higher Education Act (also known as the "Aid Elimination Penalty,") a 1998 law that delays or denies federal financial aid to people convicted of state or federal drug offenses -- since taking effect in the fall of 2000, nearly 200,000 students have been denied aid under this law. The major component of this effort has been our coordination of the Coalition for Higher Education Act Reform (CHEAR), a coalition including some of the nation's leading religious, criminal justice, drug treatment, education, civil rights and health organizations which seeks to repeal the drug provision. Ten members of Congress spoke at our May 2002 press conference, a record in drug policy reform.
The campaign scored a major victory in February 2006, when the drug provision was scaled back to apply only to people whose drug offenses were committed while they were in school and receiving federal aid.
Also in February, DRCNet issued our first major report, published under the auspices of CHEAR, "Falling Through the Cracks: Loss of State-Based Financial Aid Eligibility for Students Affected by the Federal Higher Education Act Drug Provision," finding that a majority of states deny state financial aid to applicants because of drug convictions, even though few of them have laws on the books directing them to do so. Del. Ana Sol Gutierrez of Maryland offered legislation in the state's 2006 session to address that situation, and efforts underway in states around the country to take on the issue at that level.
Speakers appearing in this photo include Rep. Bobby Rush (at the podium), with Rep. Tammy Baldwin, Rep. Elijah Cummings, Rep. Robert Andrews, drug provision victim Caton Volk, Jo'ie Taylor of the United States Student Association, Students for Sensible Drug Policy national director Shawn Heller and Legal Action Center representative Jennifer Collier.
Higher Education: House Passes Student Loan Bill With Further Limitations on Drug Warrior "Aid Elimination Penalty"
The infamous Higher Education Act (HEA) anti-drug provision, or "Aid Elimination Penalty," which bars students committing drug offenses fr
More Big News: Needle Exchange Legislation Passes US House of Representatives
Posted in Chronicle Blog by David Borden on Fri, 07/24/2009 - 6:55pmAs I noted here two weeks ago, legislation to repeal the ban on use of federal AIDS funds for needle exchange programs was included in a House subcommittee's health budget bill. The language survived an attempt on the House floor to repeal it, and so has made it through the full House of Representatives.
Satisfyingly, the Congressman who tried to delete the language was Mark Souder, who also lost a committee vote on Tuesday to significantly gut his anti-student aid drug law. Souder's pro-AIDS amendment lost 211-218.
The flip side is that 49% percent of Congress voted to continue spreading HIV and Hepatitis throughout our communities.
Financial Aid: House Committee Lightens Up on Students with Drug Possession Convictions
For a decade, a law authored by Indiana Republican Rep. Mark Souder has been an obstacle to higher education for people with drug records.
Mark Souder Re-elected in Indiana
Posted in Chronicle Blog by Scott Morgan on Tue, 11/04/2008 - 10:55pmDrug war hall-of-famer Mark Souder (R-IN) will be with us for another two years at least.
Feature: Scholarship Fund Honoring 9/11 Hero John W. Perry Assists More Students Losing Financial Aid Because of Drug Convictions
A decade ago, Congress approved an amendment to the Higher Education Act (HEA) authored by arch-drug warrior Rep. Mark Souder (R-IN).
Medical Marijuana: Whole Plant Better Than Isolated Components in Pain Relief, Italian Study Finds
Scientists at the University of Milan have published a study finding that whole-plant marijuana extracts provide better reli
Feature: Higher Education Act Drug Conviction Penalty Repeal Stymied As Democrats Choke -- Again
A step toward victory turned to ashes for the broad coalition pushing for repeal of the Higher Education Act's (HEA) drug provision (also known as the "Aid Elimination Penalty") last week as, for t
Mark Souder Can't Stop Accusing People of Being Drug Legalizers
Posted in Chronicle Blog by Scott Morgan on Tue, 11/20/2007 - 11:50pmRemember when Sen. Joseph McCarthy (R-Wis.) went crazy and started accusing all his enemies of being communist spies? I don't because I wasn't alive yet, but I hear it was hilarious. McCarthy was eventually discredited and spent the remainder of his days in a drunken stupor.
Today his spirit lives on in the body of Congressman Mark Souder (R-Ind.), whose virulent compulsion to expose "drug legalizers" is equally troublesome and distracting. I discussed Souder last week, but the story of his festering paranoia just grows more compelling all the time.
As I reported last week, Souder recently attacked a large coalition of mainstream public health, education, legal, and policy organizations because they opposed his law denying financial aid to students with drug convictions. The incident provoked amusement and unfavorable coverage from the Washington press, due to the absurdity of accusing groups like the National Education Association and the United Methodist Church of trying to legalize drugs.
Today, The Politico published the following letter from Souder questioning the integrity of their coverage of the incident:
POLITICO = IDEOLOGICAL PRISM?Out of fairness, it is incumbent on your newspaper to disclose when a potential conflict of interest occurs with one of your reporters.
IN the Nov. 13 article "Drugs and Money," Ryan Grim stated that the facts in a "Dear Colleague" letter I wrote were incorrect. Your readers ought to know that Grim was previously employed by the Marijuana Policy Project, a drug legalization group. Grim is hardly an objective reporter.
Given his past employment, I fail to see why you would assign him a story on an issue that he had advocated for as recently as 2005.
You newspaper's mission statement includes the following: "There is a difference between voice and advocacy. That's one traditional journalism ideal we fully embrace. There is more need than ever for reporting that presents the news fairly, not through an ideological prism." It's time to ask yourself whether you're meeting that objective.
Rep. Mark E. Souder (R-Ind.)
Editor's note: Politico reporter Ryan Grim's previous work for the Marijuana Policy Project is disclosed in his professional biography at Politico.com.
In short, The Politico published an article about how Mark Souder loves accusing people of supporting drug legalization, so he sent them a letter accusing their staff of supporting drug legalization.
There is just nothing else he could have done to better illustrate the validity of their claim that calling people "drug legalizers" is something he loves to do. Even in a case like this, in which his letter would inevitably be perceived as hilariously ironic, Souder still could not stop himself from writing and sending it.
Even more revealing is the fact that Souder's letter makes no attempt to challenge the facts of the story. It seems that the prior affiliations of The Politico's Ryan Grim are the only noteworthy point Souder could think of in response to story covered in three major Capitol Hill newspapers. So if Souder doesn't dispute the facts of the story, and Ryan Grim's employment history was already detailed on The Politico's website, why did Souder bother writing this letter in the first place?
Easy. Because Mark Souder loves writing letters accusing people of supporting drug legalization.
Full of It: Rep. Mark Souder Souder Gets Called on His Characterization of HEA Reform Supporters
In an effort to build support for retaining his pet project, the Higher Education Act's drug provision, Rep.
Top Drug War Advocate Publicly Humiliates Himself
Posted in Chronicle Blog by Scott Morgan on Wed, 11/14/2007 - 11:50pmOn Nov. 1, Congressman Mark Souder (R-Ind.) sent a letter to his colleagues in Congress accusing hundreds of mainstream public health and education organizations of supporting "drug legalization." Now 16 of these organizations are calling on Souder to retract his statement and agree to a sit-down meeting so they can explain what they are actually trying to do. Is Mark Souder insane? Why would he attack mainstream public charities? I'll explain.
In 1998, Mark Souder authored the Aid Elimination Penalty of the Higher Education Act, a law that denies financial aid to students with drug convictions. Since then, a massive coalition of public health, education, legal, and policy organizations has formed to oppose the law. Their arguments include:
1. College education is proven to reduce drug use. Therefore, forcing students out of college obviously and undeniably increases drug use overall.
2. The penalty only affects good students. If you’re getting bad grades you can’t get aid anyway.
3. Students arrested for drugs get punished in court. It’s not like they’re getting away with anything.
4. Taking away opportunities from students sends a message that we don't want them to succeed in life. Students must be encouraged, not pushed down.
5. The penalty disproportionately affects minorities due to disparities in drug arrests and convictions.
6. The penalty only targets low-income students. These are the very people the HEA is supposed to help.
7. Judges already have the authority to revoke financial aid if they think that's a good idea.
Rather than attempting to understand these persuasive arguments, Mark Souder simply attacked and disparaged his critics, calling them a "small but determined coalition of drug-legalization groups." He attempted to mislead his colleagues in Congress about the agenda of his opponents. And he did it because he's embarrassed that so many reputable organizations have condemned his terrible ideas.
It is no surprise that drug reform groups oppose the HEA Aid Elimination Penalty. StoptheDrugWar.org is one of them. But to attribute drug legalization sympathies to groups like the National Education Association and the United Methodist Church just makes Souder look like an idiot. His bizarre attacks have now earned him some unfavorable media attention at The Hill and The Politico. Beyond that, he's alienated all of the top organizations working on education and addiction issues; groups he'll have to work with so long as he continues to saunter around ignorantly fighting the drug problem.
It just tells you everything you need to know about Mark Souder to see him spit on organizations that work to educate America's youth and help people recovering from addiction. And it tells you everything you need to know about the drug war's political leaders that Mark Souder is highly regarded among them.
Feature: The Conviction That Keeps On Hurting -- Drug Offenders and Federal Benefits
Some 15 to 20 million people have been arrested on drug charges and subjected to the tender mercies of the criminal justice system in the past two decades.
Second National Conference on Methamphetamine, HIV, and Hepatitis Underway in Salt Lake City
Around a thousand people, including some of the nation's foremost experts in treating, researching and developing responses to methamphetamine use, gathered at the Hilton Hotel in downtown Salt Lak
HEA: UC Berkeley Student Senate Approves Bill to Provide Scholarships for Students Denied Aid Because of Drug Convictions
The student senate at the University of California at Berkeley is not waiting for Congress to get around to repealing the Higher Education Act's drug provision.
Huge News: Dennis Kucinich To Chair Subcommittee Overseeing ONDCP
Posted in Speakeasy Main by Scott Morgan on Wed, 01/17/2007 - 10:21pmIt ain't Ethan Nadelmann as Drug Czar, but I'll take it.
Rep. Dennis Kucinich has been named chairman of the Domestic Policy Subcommittee of the House Government Reform Committee, giving him jurisdiction over the Drug Czar's office. Oversight of ONDCP was previously conducted by the non-defunct Criminal Justice, Drug Policy, and Human Resources Subcommittee, chaired by rabid drug warrior Mark Souder.
In short, the responsibility of overseeing ONDCP has effectively been transferred from Congress' most reckless drug warrior to its most outspoken drug policy reformer.
Kucinich's agenda remains unknown at this point, but it's clear that he sought this particular appointment deliberately. From GovExec.com:
As the [National Security] panel's presumed chairman in the Democratic-led 110th Congress, he had a ready platform to advance his antiwar agenda.
But Kucinich said in a brief interview that he might wield more influence as chairman of the Domestic Policy Subcommittee, which will have jurisdiction over all domestic issues and the Office of National Drug Control Policy.
If Drug Czar John Walters is now wondering what's in store for him, he might begin by reading what Kucinich has to say about the war on drugs:
I have studied the issue for decades and recognize that our "War on Drugs" has failed. In fact, because our War on Drugs drives up the price, it encourages violence. Prohibition simply doesn't work. It only creates thousands and thousands of Al Capones. Prison should be for people who hurt other people, not themselves. We don't jail people for merely drinking. We jail people when they drink and drive or hurt another human.
…
The supporters of the drug war have only one solution to this debacle -- more money for law enforcement, more people, more power, more prisons -- with no end in sight. Of course, these happy drug warriors who justify their living hunting down drug users come on TV and promise us that they see light at the end of the tunnel. They promised us a drug-free America by 1995, and instead we see new and more exotic drugs constantly being added to the mix.
…
The shredding of our rights to privacy and property promoted by the Drug War is inconsistent with a free society. Criminalization of private or self-destructive behavior is not acceptable in a free nation.
The racism evident in the Drug War, and the clearly preferential treatment for offenders with connections, undermine our concept of a just society. Draconian prison sentences that dwarf those for violent crimes, like murder and rape, destroy respect for our laws.
…
It is time for an honest dialogue on this issue. Time to stop the documented lies, half-truths, and propaganda that got us into this mess in the first place. It is time to face the facts.
With due caution, I must say this is a great day for reform. That the man who spoke these words could even be considered for such a position is a tremendously positive sign. Dennis Kucinich is on our side. He showed up at an SSDP awards dinner for starters.
Stay tuned. This is going to be interesting to say the least.













