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Home , David Simas, Katie Beirne Fallon, Neil Eggleston, Robert Bork, Shailagh Murray

S1450 CONGRESSIONAL RECORD — SENATE March 14, 2016 EXECUTIVE SESSION Even more astonishing, she stated been returned to their home countries. unequivocally, ‘‘I will not deport chil- Yes, some may have received a depor- dren. I would not deport children.’’ As tation order from a court—usually EXECUTIVE CALENDAR I stated, this is pure opportunism. For after failing to appear for a hearing. The PRESIDING OFFICER. Under instance, I imagine this child shown in Yet the Obama administration has the previous order, the Senate will pro- this poster would have liked Secretary made little to no effort to locate them. ceed to executive session to consider Clinton’s policy to have been in effect Therefore, it is fair to say the human the following nomination, which the during her husband’s administration. traffickers, the so-called coyotes, clerk will report. This is the famous picture of Elian weren’t wrong, and many Central The bill clerk read the nomination of Gonzalez, a 6-year-old Cuban boy who John B. King, of , to be Sec- American parents took an understand- reached our shores despite his mother able risk. After all, a life in America in retary of Education. tragically dying at sea. Elian’s U.S.- The PRESIDING OFFICER. Under the shadows—as advocates for amnesty based family pleaded with the Clinton the previous order, there will be 90 and open borders call it—may be pref- administration to grant him asylum, minutes of debate equally divided in erable to poverty and violence back as was our common custom for refu- the usual form. home. While these factors may have The Senator from Oklahoma. gees from communism, but President been the push factors in the migrant Mr. LANKFORD. I ask unanimous Clinton rejected those pleas, siding crisis, there can be no doubt that the consent that all time during quorum with the Castros. Federal agents pull factors of amnesty, deferred ac- calls between 4 p.m. and 5:30 p.m. today stormed the private residence and ap- tion, nonenforcement, economic oppor- be equally divided in the usual form. prehended Elian at gunpoint. Where tunity, and safety were just as strong, The PRESIDING OFFICER. Without was Secretary Clinton? I guess she if not stronger. objection, it is so ordered. didn’t have a no-kids policy back then. That is why even the Obama adminis- Mr. LANKFORD. I suggest the ab- But we don’t have to guess. The then- tration tried to address them. Presi- sence of a quorum. First Lady was campaigning for Senate dent Obama met with leaders of Hon- The PRESIDING OFFICER. The in New York. She opposed congres- clerk will call the roll. duras, Guatemala, and El Salvador to sional action to protect Elian and ad- seek their assistance. Vice President The bill clerk proceeded to call the vocated returning the boy to Cuba— roll. BIDEN flew to Guatemala and publicly contrary to a decades-long bipartisan urged parents not to believe the Mr. COTTON. Madam President, I consensus that we should grant safe ask unanimous consent that the order coyotes’ promises of amnesty. The Sec- harbor to refugees from totalitarian retary of Homeland Security Jeh John- for the quorum call be rescinded. Communist states. The PRESIDING OFFICER. Without Yet, the sad story of Elian Gonzalez son wrote an open letter to Central objection, it is so ordered. isn’t the most recent or harmful exam- American parents, and, yes, Hillary ILLEGAL IMMIGRATION ple of her opportunism. Just two sum- Clinton got involved too. Secretary Mr. COTTON. Madam President, last mers ago, our country faced a migrant Clinton stated in 2014 that these chil- Thursday the Democratic candidates crisis on our southern border. Nearly dren ‘‘should be sent back as soon as it for President had a debate. They made 140,000 people—about half of them un- can be determined who responsible several extremely irresponsible state- accompanied kids—poured across our adults in their families are.’’ She in- ments about immigration policy. I op- border. Notably, most did not flee from sisted that ‘‘we have to send a clear pose their calls to reward mass illegal the Border Patrol or try to avoid cap- message: Just because your child gets immigration with blanket amnesty, ture; on the contrary, they ran to U.S. across the border, that doesn’t mean which would undermine the rule of , border agents. the child gets to stay.’’ cost Americans jobs, drive down wages Why would brandnew illegal immi- That was the right position then, and for working Americans, and invite grants, having successfully crossed our it is the right position now, even if real more illegal immigration. border, turn themselves in? The answer action didn’t back up the Obama ad- But what must President Obama is simple: They have been led to believe ministration’s words, but that was think? After all, he has attempted to they would be allowed to stay. then, and this is now, in the middle of grant amnesty by fiat to over 5 million From the multiple administration another flailing Presidential campaign. illegal immigrants, although the memos instructing agents not to fully Secretary Clinton now says she would courts have blocked most of those am- enforce immigration law to President not deport children under any cir- nesties for now. Yet the Senator from Obama’s unlawful Executive amnesties, cumstances, not even those who just Vermont and both in- to the Senate’s own amnesty legisla- arrived or presumably those who arrive sisted that the President hadn’t gone tion, every signal from Washington in the future. far enough. They would expand on his said our political class lacked the will- We have come to expect such oppor- actions and go even further. In fact, a power to secure our borders and en- tunism from the ‘‘House of Clinton,’’ debate moderator called President force our immigration in the but even worse is the irresponsibility. Obama ‘‘the deporter in chief,’’ and country’s interior. Put yourself in the position of a des- Hillary Clinton tacitly accepted the Some might say these policies and perate parent in Central America. You characterization, saying she wouldn’t proposals wouldn’t have covered the live in Third World conditions. Work is deport nearly as many illegal immi- newly arrived immigrants; that they scarce. Food and water are a struggle. grants as President Obama has—which would have faced deportation. Perhaps, Power doesn’t always come on with the of course isn’t a terribly high bar to but what they signaled was a complete flip of a switch. Gangs control many of clear since deportations are down 42 unwillingness to enforce our immigra- the streets. Murder rates are some of percent since the start of President tion laws, just as amnesty granted in the highest in the world. You have Obama’s second term and last year de- 1986 invited another generation of ille- every reason to try to escape these portations hit a 10-year low. Still, I gal immigrants to migrate to our coun- conditions or at least get your kid out, can’t imagine President Obama is too try and wait for the next amnesty. but where to go? pleased with his would-be successor. These policies certainly gave the I also can’t imagine a more oppor- human traffickers who transported and You just got your answer. Hillary tunist and irresponsible position than abused these kids plenty of grounds to Clinton, one of the most famous people the one taken by Hillary Clinton. As tell desperate parents: Send your kid in the world—one of only six people she panders for votes, she limited de- north with me, and he will get a likely to be the next President of the portation priorities to violent crimi- permiso. In the end, they weren’t —just broadcast new nals and terrorists. Apparently, Sec- wrong. Nearly 2 years later, only a very hope to the world: You can come to the retary Clinton will welcome con art- tiny minority of unaccompanied chil- United States. ists, identity thieves, and other non- dren have been deported. In fact, more Of course, it is a peculiar kind of violent criminal illegal immigrants than 111,000 unaccompanied minors en- hope. She didn’t say go to our Embassy with outstretched arms into our coun- tered the United States illegally from and seek asylum. She certainly didn’t try. 2011 to 2015, but only 6 percent have say get on an airplane and fly safely to

VerDate Sep 11 2014 04:53 Mar 15, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G14MR6.009 S14MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 14, 2016 CONGRESSIONAL RECORD — SENATE S1451 the United States, nor will she ever here only if it is in our national inter- and nominees only began appearing be- take such massively unpopular posi- ests. America is a nation of immi- fore the committee regularly in the tions. Indeed, she essentially invited grants, but we are also a nation of past 60 years. you to take a life-or-death gamble: If laws. Secretary Clinton has not only In fact, the Constitution prescribes you survive the trip, you can stay. displayed contempt for our immigra- no specific structure or timeline for How is this moral? How is it compas- tion laws but also encouraged for- the confirmation process, and the Con- sionate to create incentives for such eigners to break those laws, to their stitution’s text and structure, as well reckless behavior? Hillary Clinton just own grave danger. We must say to as longstanding historical practice, created a full employment opportunity these foreigners, loudly and clearly: Do confirm that the Senate has the au- for human traffickers. She helped over- not make this dangerous journey. Do thority to shape the confirmation proc- sell illicit tickets on this train, The not violate our laws. Do not come here ess how it sees fit. In other words, the Beast, a network of freight trains illegally. It is the humane thing to do, Senate’s job is to determine the best aboard which migrants from Central and it is the right thing to do. Sec- way to exercise its advice and consent America cross Mexico to the United retary Clinton should be ashamed of power in each unique situation. States. herself for doing otherwise. Over the years, the Senate has con- The Beast has another name—The Madam President, I yield the floor. sidered nominations in different ways Death Train. It is called that because I suggest the absence of a quorum. at different times, depending on the many who ride it don’t survive or, if The PRESIDING OFFICER. The circumstances. Consider these prece- they do, they only escape with grievous clerk will call the roll. dents with great bearing on the current injuries or after enduring physical and The senior assistant legislative clerk circumstances. The Senate has never sexual abuse at the hands of criminal proceeded to call the roll. confirmed a nominee to a Supreme gangs. With her irresponsible pan- Mr. HATCH. Madam President, I ask Court vacancy that opened up this late dering, Secretary Clinton’s words will unanimous consent that the order for in a term-limited President’s time in help contribute to untold suffering, the quorum call be rescinded. office. This is only the third vacancy in pain, and death among American fami- The PRESIDING OFFICER. Without nearly a century to occur after the lies. objection, it is so ordered. American people had already started Her words are equally irresponsible FILLING THE SUPREME COURT VACANCY voting in a Presidential election. In the when looked at from the American per- Mr. HATCH. Madam President, I rise previous two instances, in 1956 and 1968, spective. Secretary Clinton’s promise to discuss the vacancy created by the the Senate did not confirm the nomi- to deport only violent criminals and no death of Supreme Court nee until the following year. The only children under any circumstances will . Those of us who knew time the Senate has ever confirmed a badly harm struggling Americans. Dec- the late Justice well are still mourning nominee to fill a Supreme Court va- ades of mass immigration has contrib- the loss of a dear friend, and the Na- cancy created after voting began in a uted to joblessness, stagnant wages, tion is feeling the loss of one of the Presidential election year was in 1916, and communities stressed to the break- greatest jurists in its history. We will and that vacancy only arose when Jus- ing point to provide education, hous- never find a true replacement for Jus- tice Charles Evans Hughes resigned his ing, emergency services, public safety, tice Scalia, only a successor to his leg- seat on the Court to run against in- and other basic government services. acy. We owe it to the late Justice’s ex- cumbent President Woodrow Wilson. The coming Clinton wave of illegal traordinary legacy of service to ensure Key Democrats have long expressed immigration will only make it harder that we treat confirmation of his suc- strong agreement with the decision to to secure our borders, enforce our laws, cessor properly. defer the confirmation process in these and get immigration under control and My friends in the Democratic minor- circumstances. For example, Senator working for Americans who are, after ity have settled upon one mantra above , the incoming Demo- all, the people we are supposed to all others in addressing this vacancy; cratic leader, argued in July 2007—with serve. that the Senate must ‘‘do its job.’’ a year and a half left in President The world is full of violence, oppres- While I have no doubt this talking George W. Bush’s term and with no Su- sion, corruption, and injustice. We can- point has been poll tested and refined preme Court seat even vacant—that not turn a blind eye to this. It often to serve as the most effective political the Senate ‘‘should not confirm any has a way of arriving at our borders attack possible, the truth is that this Bush nominee to the Supreme Court and on our shores. Similar to most point is completely uncontroversial. I except in extraordinary cir- Americans, my heart breaks when I have not heard a single one of my Re- cumstances.’’ Vice President imagine the plight of those desperate publican colleagues argue that the Sen- argued in 1992, when he was Judiciary parents in Central America as they ate should not do its job with respect Committee chairman, that if a Su- look upon their little ones. That is why to the Supreme Court vacancy. Where preme Court vacancy occurred in that I strongly support efforts to assist we have a legitimate difference of opin- Presidential election year, ‘‘the Senate countries such as Guatemala, Hon- ion is how the Senate can best do its Judiciary Committee should seriously duras, and El Salvador to develop job. consider not scheduling confirmation stronger institutions and improve liv- Article II, section 2 of the Constitu- hearings on the nomination until after ing conditions there. Many dedicated tion divides the appointment process the political campaign season is over.’’ professionals in the State Department, into two—two—distinct roles: the Past practice and the well docu- FBI, DEA, Southern Command, and power of the President to nominate and mented past positions of key Demo- other Federal agencies are there serv- the power of the Senate to provide its crats certainly support the notion that ing us—to do just that. advice and consent. Despite the wild deferring the confirmation process is At the same time, we cannot solve all claims of some of my Democratic an option reasonably available to the the world’s ills and our foremost re- friends to the contrary, the Constitu- Senate in certain circumstances. As for sponsibility is to Americans, not for- tion does not define how the Senate is its appropriateness in the present situ- eigners. We can help reduce the push to go about its duty to provide advice ation, one need only consider how the factors in foreign countries driving mi- and consent. It does not dictate that confirmation process would be further grants to our borders, but we are not the Senate must hold confirmation poisoned by election-year politics. obligated to accept their citizens into hearings or floor votes on the Presi- As a member of the Judiciary Com- our country. On the contrary, our obli- dent’s preferred timeline. After all, mittee for nearly four decades, I have gation is to protect and serve Ameri- how could the Constitution provide witnessed the judicial confirmation cans. To do so, we must eliminate the such instruction if the Judiciary Com- process become increasingly divisive pull factors for these migrants here at mittee did not come into existence and sometimes—oftentimes, as a mat- home. until 27 years after the Senate first ter of fact—downright nasty. First Like any country, we have a right, convened in 1789? Indeed, the Judiciary came the campaigns of character assas- indeed, we have a duty to control who Committee only began holding con- sination waged against Robert Bork comes to our country and allow them firmation hearings in the past century, and . Then came the

VerDate Sep 11 2014 02:13 Mar 15, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G14MR6.010 S14MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1452 CONGRESSIONAL RECORD — SENATE March 14, 2016 Senate Democrats’ unprecedented fili- House and its allies will unleash a coordi- ‘‘We are building this campaign for the busters of President George W. Bush’s nated media and political blitz aimed at long haul. Our number one goal is that Sen- lower court nominees. Then came the weakening GOP resistance to confirming the ate Republicans do their job, follow their president’s pick. Constitutional responsibility and take up attempt to deny an up-or-down vote on Administration allies have already started the president’s nominee and put that person the nomination of to the putting a ground game in place. Obama cam- on the court,’’ said one of the people in- Supreme Court—a move supported by paign veterans have been contracted in six volved in the outside efforts. ‘‘But if they then-Senators Obama, BIDEN, CLINTON, states—New Hampshire, Illinois, Ohio, Penn- want a political fight, we’re more than will- REID, DURBIN, SCHUMER, and LEAHY. Fi- sylvania and Wisconsin, where GOP incum- ing to accommodate them. And if they main- nally came the unilateral use of the bents are most vulnerable, plus Senate Judi- tain this unprecedented obstruction, they nuclear option to blow up the filibuster ciary Chairman Chuck Grassley’s Iowa. can kiss their majority goodbye.’’ With Republicans flatly refusing even Senate Democrats have been pitching in and pack the DC Circuit Court of Ap- courtesy meetings with a nominee, let alone too. First up: photos and video of the nomi- peals—widely considered the second confirmation hearings, they’re also looking nee going to meet with Democratic senators most powerful court in the Nation— into photo ops with Senate Democrats, and on Capitol Hill, hoping will keep the nomi- with liberal judges committed to could pursue mock hearings or other events nee in the news. The administration and rubberstamping the President’s agen- meant to highlight GOP intransigence, ac- Senate Democrats are also weighing whether da. cording to sources familiar with the plan- to stage mock hearings or other photo ops Those who were responsible for every ning. highlighting the nominees inability to even Still, the West Wing is trying to strike a single one of these major escalations in talk to Republicans—all in the hope of gen- balance between pushing the nominee for- erating embarrassing footage for the GOP. the so-called judicial confirmation ward to create pressure and the danger of ‘‘Unprecedented Republican obstruction wars have no credibility to lecture any- seeming to politicize the fight or acciden- calls for an unconventional response,’’ is how one on what a proper confirmation tally straying into hypothetical discussions one Senate Democratic leadership aide put process should look like in this situa- of future court decisions. it. tion. For those of us who have fought Obama is expected to announce a nominee Traditionally, Supreme Court nominees go as early as this week. Many believe that the against the breakdown of the confirma- completely silent except for their private choice will be one of three federal appeals meetings with senators and committee hear- tion process, the prospect of consid- court judges: Sri Srinivasan, Merrick Gar- ings. Though White House aides appear ready ering a nomination in the middle of land or Paul Watford. to break with that , they’ll only go what may be the nastiest election of The first calls for outside help went out so far: the nominee won’t be making the my lifetime could only further damage from the White House as soon as Antonin rounds of Sunday talk shows, but some out- the long-term prospects of a healthy Scalia’s death was confirmed and Senate Ma- side advisers have pushed for more contained confirmation process. Deferring the jority Leader Mitch McConnell (R–Ky.) ruled and scripted appearances, like speeches at out confirming a successor. That Thursday, bar associations or law schools. process is in the best interests of the senior Obama adviser and But the White House is proceeding care- Senate, the judiciary, and the country. gathered fully, feeling that the politics work best for The tenor of the debate since Justice in the Eisenhower Executive Office Building them if they’re able to keep the focus on Re- Scalia’s passing has only confirmed for a larger version of their regular judicial publican obstructionism. how right we were to take a stand to nominations action meeting, with partici- ‘‘It’s going to be largely about the person, defer the process until after the elec- pants including Judy Licthman of the Na- so it’s up to us to be as serious and dogged tion. For example, a speech I delivered tional Partnership for Women & Families, about how we present that person to the frequent White House collaborator Robert country,’’ a White House aide said. to Society on Friday Raben, People for the American Way and the Top aides remain optimistic that McCon- was briefly disrupted by protestors Leadership Conference On Civil and Human nell will ease his blockade, but right now chanting ‘‘Do your job,’’ ironically just . , chief of staff to the there’s zero indication Republicans plan to as I began to explain why our approach First Lady, also attended. back down. With that in mind, the adminis- to this vacancy is the best way the In follow-up conference calls and smaller tration is prepared for the fight to become Senate can indeed do its job. Now, I do meetings, a plan and strategy took shape, more about ramping up embarrassment for not mind protestors speaking their which they agreed would be led by Obama Republicans up and down the ballot going 2012 deputy campaign manager Stephanie into November, hoping they can help elect a minds, but I don’t appreciate it when Cutter, with White House communications Democratic president and more Democrats they try to prevent others from ex- director leading the media plan, to the Senate, who would then fill the seat in pressing differing views. That a re- and recently departed legislative affairs di- January. spectful discussion among attorneys rector taking the lead Asked aboard Air Force One on Friday was disrupted by professional activists on the Hill. The following week, leaders of whether the White House is prepared to have wielding materials from Organizing for more of the operational groups gathered in the nominee do interviews or whether the Action, a political arm of the White Jarrett’s office for a brainstorming and co- president will take a more public role, White ordination meeting, with Eggleston and po- House press secretary said, House and the Democratic National litical director attending. ‘‘it’s too early to say exactly how this will Committee, demonstrates what I have Among the outside groups that attended: play out.’’ been saying all along: Considering a Center for American Progress president Within the White House, the planning is nominee in the midst of a Presidential Neera Tanden, Americans United for Change being overseen by Jarrett, , the election campaign would further inject president Brad Woodhouse, political consult- senior adviser whom Obama tapped to lead toxic political theater into an already ant Bob Creamer and Patty First from the the process, and , the senior politicized confirmation process. Raben Group. adviser and former newspaper reporter who’s The White House is still unsure how to de- specialized in developing unconventional Madam President, I ask unanimous ploy Obama. Some advisers feel like the media strategies for this White House. White consent to have printed in the RECORD presidential bully pulpit is the only way to House principal deputy press secretary Eric a copy of an article from de- bring enough pressure to have a chance at Schultz has become the point person for the tailing the extensive political coordi- making Senate Republicans crack. Others media approach. nation between the White House and have been advising that the more this is Jarrett’s chief of staff, Yohannes Abraham, the parent organization of these about Obama, the worse their chances are, has been organizing about 125 outside ex- protestors that risks turning what and the more they can focus attention on the perts, including legal experts, law school nominee, and his or her qualifications, the deans, former Supreme Court clerks, offi- should be serious consideration of a better they’ll do. cials from previous administrations, former weighty lifetime appointment into an Obama’s aides haven’t made a final deci- elected officials (including dozens of Repub- election-year political circus. sion on the long-term strategy. They’re more licans), civil rights leaders, mayors, union There being no objection, the mate- focused for the moment on finalizing plans officials, CEOs and environmental leaders. rial was ordered to be printed in the for the roll-out, hoping to at least generate They’ve also convened conference calls RECORD, as follows: some initial buzz around the nominee. with leaders broken down by groups. Asian Outside allies are lining up progressive or- [From POLITICO, Mar. 13, 2016] Americans and Pacific Islanders, Latino, Af- ganizations, labor leaders, women’s groups rican-American, civil rights, small business, WHITE HOUSE PREPS SUPREME COURT BATTLE and black ministers, to focus attention on state and local elected officials, academics PLAN the battle, which is likely to drag on for and law school deans, disability advocacy, (By Edward-Isaac Dovere and Josh Gerstein) months. Monday morning, for example, the faith, youth, labor and progressives, women As soon as President an- Leadership Conference on Civil and Human and lawyers. nounces a Supreme Court nominee from his Rights is releasing a letter from law school ‘‘The coordinated grassroots effort that short list—which is now set—the White deans pushing the Senate to act. has already proven a powerful tool to put

VerDate Sep 11 2014 04:53 Mar 15, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G14MR6.011 S14MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 14, 2016 CONGRESSIONAL RECORD — SENATE S1453 pressure on Republicans will only ramp up,’’ normal process, but likely a very negative ironic, coming from the party that said Amy Brundage, a former deputy com- one. As Cornyn warned, that could be enough stooped to the character assassination munications director at the White House to make some potential picks say no. If this of Robert Bork and Clarence Thomas. currently helping coordinate communica- fight goes on long enough and the nominee is If there is anyone who has been tions for the outside effort at Dunn’s firm. a judge who’ll likely recuse from pending treated like a pin˜ ata in this debate, it ‘‘That includes events in targeted states and future cases, the person could be open to with real working Americans pushing Senate attacks of getting paid for not working—or has been Senator GRASSLEY. Now, Republicans to do their jobs, press events going back to their day job and appearing to CHUCK GRASSLEY is as tough as they with key Democratic members and groups, throw in the towel. come, and I have every confidence that and coordinated validator pushes like those Levey said he expects the fight will even- he will weather these attacks. But if with the legal scholars, historians and attor- tually morph into full-blown election poli- these scorched-earth political tactics neys general.’’ tics. ‘‘At some point this is going to turn,’’ reflect the length some of the Demo- So far, the administration doesn’t have a Levey said. ‘‘It may turn very quickly in cratic minority are prepared to go in set calendar for each day following the sub- terms of the White House giving up whatever an election-year confirmation battle, mission of the nomination, but they’re devel- little hope they have.’’ there can be no better illustration of oping the plan to accommodate variables Mr. HATCH. Furthermore, Madam why we should defer this process. such as who the nominee is, what that per- son’s biography includes, and what that per- President, the minority leader has Madam President, I suggest the ab- son’s current job allows for. With the short turned his daily remarks on the floor sence of a quorum. list reportedly limited to sitting federal into constant diatribes against the The PRESIDING OFFICER. The judges, there may be less room to maneuver. chairman of the Judiciary Committee. clerk will call the roll. Judges face more restrictions on their ac- These diatribes rank among the most The senior assistant legislative clerk tivities than a practicing attorney, academic vicious and most personal attacks I proceeded to call the roll. or politician. have heard on the Senate floor in my Ms. WARREN. Madam President, I ‘‘The formal ethics rules applicable to ap- nearly four decades in this Senate ask unanimous consent that the order pellate court judges wouldn’t apply to a sen- body. Having myself served as chair- for the quorum call be rescinded. ator,’’ said University professor The PRESIDING OFFICER. Without man of the Judiciary Committee for Charles Geyh. The standard rules for judicial objection, it is so ordered. candidates technically don’t apply to Su- more than 8 years, I know that the po- Ms. WARREN. Madam President, preme Court nominees, Geyh pointed out. sition is no stranger to controversy today the Senate will vote on the con- Strategic considerations have led recent and political hardball. But the vile and nominees to be fairly evasive about their firmation of Dr. John King to be the unfair attacks on Senator GRASSLEY’s next Secretary of Education. While views, but that doesn’t preclude trying to independence and work ethic have gone keep on the nomination. there is only 1 year left in the Obama ‘‘I wouldn’t hesitate to have cameras at too far. Presidency, this is still one of the most the ready to the extent this person is having I have had the privilege of serving important jobs in Washington because doors slammed in his face, using that as a with Senator GRASSLEY for more than the Department of Education has a way to embarrass the Republicans, but that’s 35 years. I know no one more com- powerful set of tools available that it different from having the nominee out there mitted to doing his job. Senator can use to stand up for people who are chatting about what he’d do as a judge,’’ GRASSLEY has not missed a vote in a struggling with student loan debt and Geyh said, adding that most of the reticence record-setting 27 years—when he was tools to help make a quality, afford- nominees have shown in recent years ‘‘is all home in Iowa, touring the awful dam- strategic and has nothing to do with ethics.’’ able college education a reality for Democrats have already been talking age of the Great Flood of 1993—and yet millions of Americans. about holding unofficial hearings on a poten- still manages to hold meet- Secretary of Education must be one tial nomination. Whether the nominee him- ings in all 99 of his State’s counties of the most difficult jobs in Wash- or herself would attend is an open question, every year. He sets the gold standard of ington because for years there has been but experts say it would also be within eth- service in the Senate. some kind of problem at the Depart- ical bounds. If anyone knows his mind, it is Sen- ment of Education that has made it ‘‘We’re entering uncharted waters here. ator GRASSLEY. Each of us is entitled practically impossible to get the De- We’ve never had a situation in which the partment to put the interests of stu- party in power, in this case the Republicans, to our opinions on issues that come be- were denying even a hearing to the nomi- fore this body, even controversial ones, dents ahead of the interests of private nee,’’ said Nan Aron of the liberal Alliance but I want to condemn in the strongest contractors and for-profit colleges that for Justice. possible terms the notion that a dif- are making the big money off our stu- If the fight stretches into late summer and ference of opinion with Senate Demo- dents. the Democratic focus turns to an election-fo- crats means that Senator GRASSLEY is The Department has powerful tools cused campaign, the situation gets dicier. A compromising his own integrity or the to make sure that fraudulent colleges nominee who’s a sitting judge would need to aren’t sucking down billions of tax- steer clear of events where those arguments independence of the Judiciary Com- mittee he leads. These attacks come payer dollars of student loans. But for are being made, and even a non-judge would the most part, these tools gather dust be wise to do the same. very close to impugning his character, Conservatives say they’re bracing for an and that sort of behavior is beneath on the shelf while shady institutions aggressive campaign by the White House and the dignity of this body. like Corinthian Colleges spend years Democrats who’ll be looking to keep the Su- The minority leader came to the gobbling up taxpayer money while they defraud their own students. preme Court fight on the front burner. Al- floor to seize on the comments of the The Department has powerful tools ready, some groups have been circulating op- senior Senator from Texas to manufac- position research about several of the poten- to help students when they get ripped tial nominees whose names have been most ture what I consider to be another off by fraudulent colleges. But for discussed, hitting Sri Srinivasan, Jane Kelly cheap political attack on the Repub- years, it has been like pulling out your and Ketanji Jackson. lican majority. In those comments, own teeth simply to get relief for the ‘‘This is just going to push the bound- Senator CORNYN had speculated that victims who got cheated by for-profit aries,’’ said veteran GOP judicial nomina- the election-year political environment tions advocate Curt Levey, now with colleges like Corinthian. could, unfortunately, turn any Su- There are literally dozens of exam- Freedomworks. ‘‘They can certainly make preme Court nominee into a political the meetings with Democratic senators into ples of how the Department of Edu- a show—more of a show than it normally is.’’ pinata. The minority leader’s com- cation’s trillion-dollar student loan The White House theory is that if there’s ments are a total mischaracterization bank has been putting profits for these enough pressure to get Republicans to cave of Senator CORNYN’s record of fairness companies and for-profit colleges ahead on a hearing, that will start the ball rolling toward nominees of both parties and of of the needs of students. One of the in a way that’ll make winning confirmation Senate Republicans’ intentions in this worst has been the bank’s approach to a real possibility. situation. After all, the whole point of overseeing the student loan servicing Democrats pounced on Sen. John Cornyn’s deferring the nomination and con- (R–Texas) promise last week that the Repub- companies that are paid by the govern- licans will turn Obama’s nominee into a firmation process is to limit the mis- ment to collect student loan payments. pin˜ ata. That raises additional questions treatment of any nominee, as Senator Consider the case of Navient, a stu- about who Obama chooses, since the person CORNYN suggested in his remarks. This dent loan servicer that got caught red- will have to endure not just a stranger than unfounded accusation is also deeply handed ripping off tens of thousands of

VerDate Sep 11 2014 04:53 Mar 15, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A14MR6.005 S14MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1454 CONGRESSIONAL RECORD — SENATE March 14, 2016 active duty members of the military. won’t be easy to solve. For several standing up for the tens of millions of Two years ago, the Department of Jus- weeks now Dr. King and I have talked student loan borrowers in this country tice and the FDIC fined the company about these issues, and I believe he un- should embrace them because we $100 million for breaking the law and derstands the magnitude of the task he shouldn’t be running the student loan overcharging our active duty military faces. He has committed in no uncer- program to create profits for private on their student loans. But the Depart- tain terms to a top-down review of the companies. We should run it for stu- ment of Education didn’t take any ac- way the student loan program is ad- dents. tion against Navient. Instead of fol- ministered and the way the Depart- We are facing a crisis in higher edu- lowing the lead of the Justice Depart- ment oversees financial institutions. cation. Student debt is exploding, ment and using the Justice Depart- He has announced that he will force all crushing our young people and threat- ment’s evidence—no, the Department of the major student loan servicers to ening the economy. Opportunity is of Education announced its own sepa- review their records and make refunds slipping away from millions of Ameri- rate review of whether soldiers were to all members of the military who cans. The time for reform is now—not harmed. were illegally ripped off. And he has in the next Presidency, not 5 years A year later, they released their re- embraced strong, new proposals to pro- from now but now. Reform starts with sults, and notwithstanding the fact tect borrowers who are taken in by the Department of Education, and if he that Navient was already sending fraudulent colleges so they can get is confirmed today, it is my strong checks to thousands of servicemembers their money back. hope that Dr. King will make fixing under the DOJ and FDIC agreement, These are serious steps in the right these problems a top priority from his the Department of Education student direction. For those reasons, I will vote first day on the job to his last day on loan bank concluded that everything for him today, but let’s be clear that the job. was just fine, and the Department’s this is not the end of the story. Dr. I yield the floor. bank had no need to impose any addi- King has an enormous amount of work I suggest the absence of a quorum. tional fines or restrictions on Navient. to do to get the Department’s higher The PRESIDING OFFICER (Mr. In fact, things were so fine that the De- education house in order, and the COATS). The clerk will call the roll. partment’s bank rewarded Navient by American people will be watching renewing a $100 million contract. closely for results. The senior assistant legislative clerk If that sounds stinky to you, it One of the that must be proceeded to call the roll. should. The Department’s inspector done is a total reform of student loan Mr. LEE. Mr. President, I ask unani- general took a close look at what was servicing to make sure nothing like the mous consent that the order for the going on over at the Department’s Navient disaster ever, ever happens quorum call be rescinded. bank, and 2 weeks ago they released a again. Here are five simple principles The PRESIDING OFFICER. Without scathing report on the bank’s white- that should guide that reform: objection, it is so ordered. wash. The IG slammed the Department First, put students and families Mr. LEE. Mr. President, I ask unani- for a report that was a complete and first—every time, every decision. The mous consent to speak for up to 15 utter mess, loaded with errors, calling Department exists to serve students, minutes. for ‘‘inconsistent and inadequate ac- not student loan companies. It is time The PRESIDING OFFICER. Is there tions.’’ The IG concluded that the De- they acted like it. objection? partment of Education’s happy-face Second, punish bad actors. Navient Without objection, it is so ordered. press release announcing that every- broke the law and cheated soldiers, but Mr. LEE. Mr. President, last week thing was fine with the servicer was the Department bent over backward to the Senate Health, Education, Labor, ‘‘unsupported and inaccurate.’’ protect them. Right now Navient owes and Pensions Committee voted to ad- When a private company breaks the the Federal Government $22 million it vance President Obama’s nominee for law and steals from American soldiers stole in another scam, and the Depart- Secretary of Education, Dr. John King. who are literally in the field fighting ment hasn’t even bothered to collect it. Tonight the nomination is set to come overseas, those companies should be The Department needs to show it is before the Senate not for a robust de- held accountable. The Justice Depart- willing and able to punish companies bate but for a hasty vote, and by all ac- ment held Navient accountable. The that break the rules, and that includes counts confirmation is expected. FDIC held Navient accountable. But kicking them out of the student loan the Department of Education’s bank program if necessary. I rise to oppose the nomination of Dr. decided it was more important to pro- Third, change the financial incen- King and to urge my colleagues to join tect Navient than to watch out for our tives for servicers. Two years ago, the me in voting against his confirmation military students. Department renegotiated the servicer as Secretary of Education. I have stud- Let’s not mince words. The Navient contracts and basically ended up pay- ied Dr. King’s professional record— fiasco is outrageous, but it is not sur- ing the companies more money for the most notably, his time in New York’s prising. At a Senate hearing 2 years same bad outcomes. No more. Our Department of Education. I have re- ago, I asked James Runcie, who runs country pours millions of tax dollars viewed the transcripts of his confirma- the Department of Education’s student into these companies, and it is time to tion hearing. Based on the policies he loan bank, how he could turn around leverage those dollars to make sure the has supported, the bipartisan opposi- and renew the contract of a company companies are working for students. tion he has invited throughout his ca- like Navient that had just copped to Fourth, release more data. The De- reer, and his uncompromising commit- ripping off American soldiers. His an- partment of Education adamantly re- ment to the designs of bureaucrats and swer, essentially, was that moving bor- fuses to share basic data about the stu- central planners over the lived experi- rowers away from Navient would sim- dent loan program with anyone, even ences of parents and teachers, I believe ply be too disruptive. Senator Harkin other folks within the Department of it would be a grave error for the Senate said at the time that sounded an awful Education. That means nobody—no- to confirm Dr. King’s nomination at lot like too big to fail. And Senator body—can even see how this bank is this time. Harkin was right. So long as that the- being run. It is time for some sunshine. Indeed, I believe it would be difficult ory remains the operating principle of Fifth, take responsibility for aggres- for anyone to support Dr. King’s nomi- the Department of Education, the sive oversight of student loan nation on the basis of his record. The American people can forget about the servicers. The Department needs to act problem is not that Dr. King lacks ex- law because there will be no real limits before this problem metastasizes, and perience. On paper, you might even on how much money big private com- when the Department doesn’t have the think that Secretary of Education is panies and large fraudulent schools can tools to act, it needs to get out of the the natural next step in his career. steal from students and taxpayers. way and let the CFPB or other Federal After 3 years as a teacher and a brief Dr. King didn’t create any of these agencies do their jobs. stint at managing charter schools, Dr. problems. These problems have grown Five simple principles. Everyone in King has risen through the ranks of the and festered over a long time, and they government who is serious about education bureaucracy, climbing from

VerDate Sep 11 2014 03:54 Mar 15, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G14MR6.013 S14MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 14, 2016 CONGRESSIONAL RECORD — SENATE S1455 one political appointment to the next, There is no government official who worse, around the same time teachers but do we think that someone who has is granted more discretion or more au- were being forced to test their students spent more time in a government agen- thority under the ESSA than the Sec- on material they hadn’t been given cy than in a classroom is best suited to retary of Education. The ESSA pur- time to incorporate into their cur- oversee Federal education policy? More ports to reduce the Federal Govern- riculum, Dr. King implemented a to the point, what matters aren’t the ment’s control over America’s class- teacher evaluation system that relied jobs someone has held but the policies rooms by returning decisionmaking au- heavily on these distorted student test that person has advanced. This is the thority to parents, educators, and local scores. This evaluation system was so problem with Dr. King’s nomination. officials. For instance, there are sev- unpopular that in 2014 one of New Look closely at his record, especially eral provisions that prohibit the Sec- York’s teachers unions called for Dr. look closely at the 31⁄2 years he spent retary of Education from controlling King’s resignation. as New York’s education commis- State education plans or coercing What is most troubling about Dr. sioner, where he forced on an unwilling States into adopting Federal standards King’s tenure as education commis- school system unpopular Common Core and testing regimes, but when you look sioner isn’t that he centralized deci- curriculum and standards, an inflexible at the fine print, you see that in most sionmaking authority within the testing regime, and a flawed teacher cases these prohibitions against Fed- State’s education department, impos- evaluation system. eral overreach contain no enforcement ing one-size-fits-all policies across a di- All of this proves that Dr. King is the mechanisms—only vague, aspirational verse school system. Plenty of edu- standard bearer of No Child Left Be- cation commissioners are guilty of the hind—the discredited K–12 regime that statements encouraging the Secretary same, if not worse. No, the real prob- has become synonymous with dysfunc- to limit his own powers. So the question is, If confirmed as lem with Dr. King’s record is that he tional education policy in classrooms Secretary of Education, would Dr. King routinely and apparently as a matter and households all across America. adhere to the spirit of the ESSA and This is not just my opinion. It was the of policy ignored the advice and feed- voluntarily return decisionmaking au- opinion of New York’s parents, teach- back of teachers, parents, principals, thority to parents, teachers, and local ers, legislators, school board members, and school board members. Even as his and superintendents. The vast majority officials? There is little reason to be- centrally planned house of cards was of them opposed and protested against lieve he would. tumbling down around him, Dr. King Dr. King’s former boss and would-be Dr. King and the policies he cham- stayed the course, believing against all predecessor, Arne Duncan, certainly pioned while at the helm of the State’s evidence that when it comes to running had no qualms about violating similar education department. a classroom, bureaucrats and politi- This Congress and President Obama prohibitions against Federal overreach cians know better than teachers, par- have promised to move Federal edu- found in No Child Left Behind, nor has ents, and local school boards. cation policy in the opposite direction he shied away from advertising the fact When the Senate confirms a Presi- established by No Child Left Behind. that ESSA would function in much the dential nominee, we are doing more Under these circumstances, Dr. King— same way as No Child Left Behind. than just approving a personnel mat- the embodiment of the failed K–12 sta- In an interview with POLITICO, Dun- ter; we are accepting, to a degree, what tus quo—is not the person who should can discussed whether the ESSA would, that nominee stands for. As we con- be put in charge of the Department of in fact, reduce the Federal Govern- sider this nomination, we must ask Education. If confirmed, Dr. King ment’s control over America’s class- ourselves, what kind of policy do the would serve as the head of the Depart- rooms. He was asked: ‘‘How do you re- American people want? What kind of ment of Education for 10 months, until spond to the notion that you’ve had policy do America’s elementary and January 2017, when the next President your wings clipped on your way out the secondary students deserve? We know is sworn into office. This may sound door?’’ This was Duncan’s response: that local control over K–12 and even like an insignificant amount of time ‘‘Candidly, our lawyers are much pre-K education is more effective than for a Cabinet Secretary to serve, but in smarter than many of the folks who Washington, DC’s, prescriptive, heavy- reality the next 10 months are cru- were working on this bill.’’ handed approach because we have seen cially important to the future of Fed- In other words, Congress can write it work in communities all across the eral education policy in America. whatever bill it wants, and the admin- country. The point isn’t that there is a Just a few months ago, Congress istration’s lawyers will be able to fig- better way to improve America’s passed and President Obama signed the ure out a way to implement it accord- schools but that there are 50 better Every Student Succeeds Act, or ing to the preferences of the Cabinet ways, thousands of better ways, but ESSA—a bill that reauthorized the law Secretaries and their armies of bureau- Washington is standing in the way, dis- governing Federal K–12 education pol- crats. This is certainly a brazen admis- trustful of any alternative to the top- icy. Now the Department of Education sion of bureaucratic arrogance by down education status quo. And under will begin implementing the ESSA, former Secretary Duncan, but it is ex- the leadership of Dr. King, Washing- which will set the course of the Depart- actly in line with the way Dr. King ap- ton’s outdated, conformist policies will ment for years to come. So what hap- proached his job as education commis- continue to stand in the way. Amer- pens over the next 10 months within sioner of New York just a few years ica’s students deserve better than this. the Department of Education will have ago. The least we can do is to not accept the sweeping, far-reaching consequences Under Dr. King’s leadership, New failed status quo. for America’s schools, teachers, and York became one of the first States to I urge all of my colleagues to join me students—consequences that will affect implement Common Core standards in voting against this nomination. not just the quality of education stu- and testing requirements starting in I thank the Presiding Officer. dents receive as children but the qual- 2011. Dr. King was one of the only edu- I yield the floor. ity of life available to them as adults. cation commissioners in the country to The PRESIDING OFFICER. The Sen- One of the most serious flaws of the insist on rolling out the tests before ator from Tennessee. ESSA, and one of the primary reasons teachers had been given adequate time Mr. ALEXANDER. Mr. President, I I voted against the bill, is that it rein- to adapt to the new curriculum im- ask unanimous consent to speak for up forces the same K–12 model that has posed by Common Core. To the surprise to 15 minutes before the vote, to be fol- trapped so many kids in failing schools of no one—except perhaps for Dr. lowed by Senator MURRAY for as much and confined America’s education sys- King—the results were a disaster. time as she may require, and then we tem to a state of mediocrity for half a The 2013 Common Core tests only will have a vote. century. This is a model that con- widened the achievement gap and Mrs. MURRAY. Mr. President, I ask centrates authority over education de- sparked the Opt Out movement in New unanimous consent to speak for 5 min- cisions in the hands of Federal politi- York, which mobilized 65,000 students utes following Senator ALEXANDER. cians and bureaucrats instead of par- to opt out of the Common Core tests in The PRESIDING OFFICER. Is there ents, teachers, principals, and local 2014 and more than 200,000 students to objection? school boards. opt out in 2015. To make matters Without objection, it is so ordered.

VerDate Sep 11 2014 03:23 Mar 15, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G14MR6.015 S14MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1456 CONGRESSIONAL RECORD — SENATE March 14, 2016 Mr. ALEXANDER. Mr. President, the take the ride and then see if I could get supportive of common core when he Senator from Utah has given an excel- another ride to , and was education commissioner in New lent speech about why it would be a that is what 85 U.S. Senators thought York State. I want those who are wor- good idea to have a Republican Presi- when they voted for this. ried about that to know that this new dent of the United States, but we don’t There is no group more interested in law has ended what had become, in ef- have one. restoring responsibility to States than fect, a Federal common core mandate. The reason we are voting today is be- the Nation’s Governors. The Governors More than that, it explicitly prohibits cause we need a U.S. Education Sec- gave our new law the first full endorse- Washington, DC, from mandating or retary confirmed by and accountable to ment of any piece of legislation since even incentivizing common core or any the U.S. Senate so that the law to fix their endorsement of welfare reform 20 other specific academic standards. No Child Left Behind will be imple- years ago in the U.S. Congress. That is in the law. What standards to mented the way Congress wrote it. I believe the law can inaugurate a adopt entirely up to States, local In December, at the ceremony where new era of innovation and student school boards, and classroom teachers. President Obama signed the Every Stu- achievement by putting the responsi- Here is what Senator ROBERTS of dent Succeeds Act, the new law to fix bility for children back in the hands of Kansas, who wrote this part of the law, No Child Left Behind, I urged the those closest to them: the parents, asked Dr. King at our hearing on Feb- President to send a nominee to the classroom teachers, principals, school ruary 25: Senate to be the Education Secretary superintendents, school boards, and I know that we have differences on Com- to replace Arne Duncan. Without that, States. mon Core. I don’t want to get into that. But we would have gone a whole year with- The Senate Education Committee, it is part of the existing legislation in law. out a leader of that Department con- which I chair and on which the Senator And I want to be absolutely clear, the lan- firmed by and accountable to the U.S. from Washington is the senior Demo- guage says, no officer or an employee of the Senate. I made that recommendation crat, will hold at least six hearings to federal government, including the secretary, oversee implementation of the new shall attempt to influence, condition, to the President because this is such an incentivize or coerce state adoption of the important year for our 100,000 public law. All of those hearings will be bipar- tisan, as our hearings almost always Common Core state standards or any other schools and the 50 million students who academic standards common to a significant are in those schools. We need an Edu- are. We already held the first hearing number of States or assessments tied to such cation Secretary who is confirmed and on February 23 with representatives of standards. many of the groups who worked to- accountable to Congress while we are Senator ROBERTS continued: gether to pass the law, and now they implementing a law that may govern I know that we, again, have differences. elementary and secondary education are working together to implement the But nevertheless, will you give us your com- for some time. I want to be sure we are law. They already formed a coalition mitment that you will respect the intent as working together to implement the law made up of the National Governors As- well as the explicit binding letter of that sociation, the School Superintendents the way Congress wrote it. That law prohibition? Association, the National Education was passed with broad bipartisan sup- Dr. King said: ‘‘Absolutely.’’ Association, the American Federation port. It passed the U.S. Senate by a That is why we needed a confirma- of Teachers, the National Conference of vote of 85 to 12. It passed the House of tion hearing. That is why we need to State Legislatures, the National Asso- Representatives by a vote of 359 to 64. have a confirmed Secretary of Edu- We achieved that result because, as ciation of State Boards of Education, cation. Newsweek said, No Child Left Behind the National School Boards Associa- In my questions to Dr. King, I said tion, the National Association of Ele- was a law everybody wanted fixed and this about my exchanges at an earlier mentary School Principals, the Na- fixing it was long overdue. Governors, hearing with Dr. Tony Evers, the Wis- tional Association of Secondary School teachers, superintendents, parents, Re- consin State superintendent of public Principals, the National Parent Teach- publicans, Democrats, and students all instruction, who is also the president er Association, with the support of the wanted No Child Left Behind fixed. Not of all the chief state school officers. I Chief State School Officers. said to Dr. Evers: only was there a consensus about the They sent Dr. King a letter saying: need to fix the law, there was a con- Do you read the new law to say that if Wis- Although our organizations do not always consin wants to have Common Core, which it sensus about how to fix it, and the con- agree, we are unified in our belief that ESSA sensus was this: Continue the impor- does, I believe, that it may? If it does not is an historic opportunity to make a world- want to have Common Core, that it may not? tant measures of academic progress of class 21st century education system. And That if it wants part of Common Core or students, disaggregate the results of we’re dedicated to working together at the more than Common Core, it can do that? It those tests, report them so everyone national level to facilitate partnership simply has to have challenging academic can know how schools, teachers, and among our members and states and districts standards that are aligned to the entrance children are doing, but then restore to to guarantee the success of this new law. requirements for the public institutions of States, school districts, classroom They go on to say: higher education in the state. teachers, and parents the responsi- That new law replaces a top-down account- The superintendent said he agreed bility for deciding what to do about ability and testing regime with an inclusive with that. system based on collaborative state and those tests and about improving stu- In other words, to be blunt, it doesn’t local innovation. For this vision to become a really make much difference what Dr. dent achievement. reality, we must work together to closely This new law is a dramatic change in honor congressional intent: ESSA is clear. King thinks of common core. Under the direction for Federal education policy. Education decisionmaking now rests with law, he doesn’t have anything to do In short, it reverses the trend toward the states and districts, and the federal role with it. He doesn’t have anything to do what had become a national school is to support and inform those decisions. with whether a State adopts it or board and restores to those closest to You may say something different, whether a State chooses not to adopt children the responsibility for their but you are disagreeing with the Gov- it. well-being and academic success. ernors, the school superintendents, the The new law also ended the practice called the NEA, the AFT, the State legislatures, of granting conditional waivers, new Every Student Succeeds Act ‘‘the the State boards of education, the Na- through which the U.S. Department of largest devolution of federal control of tional School Boards Association, the Education has become, in effect, a na- schools from Washington back to the National Association of Elementary tional school board for more than 80,000 states in a quarter of a century.’’ School Principals, the National Asso- schools in 42 States. Governors have I suppose you could say it didn’t go ciation of Secondary School Principals, been forced to come to Washington to far enough, but that would be like and the National Parent Teacher Asso- play ‘‘Mother, may I?’’ in order to put standing in Nashville and waiting 7 ciation. in a plan to evaluate teachers or help a years to hitchhike to New York City, Our first oversight hearing with Dr. low-performing school, for example. and when somebody offers you a ride to King will be April 12. That era is over. It ends the ‘‘highly Philadelphia, you say: I think I will Some have objected to this nomina- qualified teacher’’ definition. It ends wait another 7 years. I think I would tion on the grounds that Dr. King was the teacher evaluation mandate. It

VerDate Sep 11 2014 03:23 Mar 15, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G14MR6.023 S14MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 14, 2016 CONGRESSIONAL RECORD — SENATE S1457 ends the Federal school turnaround Department of Education will need the middle out, not from the top down. models, Federal test-based account- strong leadership, and I am glad Presi- I hope to partner with Dr. King as Sec- ability, and adequate yearly progress. dent Obama has nominated Dr. John retary of Education to work toward Those decisions—after all the reports King who is currently serving as Act- that shared goal. are made about how schools, teachers, ing Secretary of the Department. I urge all of our colleagues today to and children are doing—will be made I want to commend Senator LAMAR support his nomination. by those closest to the children. The ALEXANDER, chairman of our HELP Thank you. new law moves decisions about whether Committee, for moving forward with I yield the floor. schools, teachers, and students are suc- Dr. King’s nomination in a timely and Mr. ALEXANDER. Mr. President, I ceeding or failing from Washington, bipartisan manner in our committee. I yield back all time. DC, and back to States and commu- also appreciate Majority Leader MITCH The PRESIDING OFFICER. The nities, where those decisions belong. MCCONNELL for bringing this nomina- question is, Will the Senate advise and In conclusion, please permit me to tion to the floor. consent to the King nomination? add a personal note. This day is actu- Dr. John King has a longstanding Mr. ALEXANDER. Mr. President, I ally 25 years to the day since I was con- commitment to fighting for kids. ask for the yeas and nays. firmed as the U.S. Education Sec- Through his personal background, he The PRESIDING OFFICER. Is there a retary. I believe the Senator from Indi- knows firsthand the power that edu- sufficient second? ana was on the Education Committee cation can have in a student’s life. He There is a sufficient second. at that time. But here is the difference: has enriched students’ lives as a class- The clerk will call the roll. Under a Democratically controlled room teacher and as a principal. He has The legislative clerk called the roll. Senate, my nomination took 87 days worked with schools to help close the Mr. CORNYN. The following Senators from the day it was announced and 51 achievement gap. And he served as the are necessarily absent: the Senator days from when the nomination was commissioner of education for New from Texas (Mr. CRUZ), the Senator formally submitted to the Senate. York State for 4 years. No one can from Arizona (Mr. FLAKE), the Senator Under a Republican-controlled Senate, question his passion for our Nation’s from Illinois (Mr. KIRK), the Senator Dr. King’s nomination has taken 32 young people. from Arizona (Mr. MCCAIN), the Sen- days. His nomination was announced This administration has a little less ator from Ohio (Mr. PORTMAN), the and formally submitted on February than a year left in office, but that is Senator from Florida (Mr. RUBIO), the 11. still plenty of time to make progress in Senator from Alabama (Mr. SESSIONS), Let me conclude the way I started. several key areas, and that progress is and the Senator from The reason we are voting today is that more likely with a confirmed Sec- (Mr. TOOMEY). we need an Education Secretary con- retary in place at the Department. Further, if present and voting, the firmed by and accountable to the U.S. In higher education, I, along with my Senator from Florida (Mr. RUBIO) Senate so that the law that 85 of us Democratic colleagues, will continue would have voted ‘‘nay.’’ Mr. DURBIN. I announce that the voted for to fix No Child Left Behind is to focus on ways to make college more Senator from Ohio (Mr. BROWN), the implemented the way we wrote it. This affordable, reduce the crushing burden Senator from Vermont (Mr. SANDERS), vote is not about whether one of us of student debt that is weighing on so and the Senator from (Mr. would have chosen Dr. King to be the many families today, and continue WARNER) are necessarily absent. Education Secretary. Republicans working to fight back against the epi- The PRESIDING OFFICER (Mr. CAS- won’t have the privilege of picking an demic of campus sexual assaults and SIDY). Are there any other Senators in Education Secretary until we elect a violence. the Chamber desiring to vote? Republican President of the United I would also like to see the Depart- ment take new steps to help protect The result was announced—yeas 49, States. What we need is an Education nays 40, as follows: Secretary confirmed by and account- students who are pursuing their de- [Rollcall Vote No. 36 Ex.] able to the U.S. Senate so that the law grees. As one example, students like to fix No Child Left Behind will be im- those who went to Corinthian Colleges, YEAS—49 plemented the way we wrote it. have the right to seek loan forgiveness Alexander Feinstein Murphy if they attended a school that engaged Baldwin Franken Murray I urge my colleagues to vote yes. I Bennet Hatch in deceptive practices. I am really Nelson conclude my remarks, but I want to do Blumenthal Heinrich Peters so with thanks to the Senator from pleased the Department has a new pro- Booker Heitkamp Reed Washington, Mrs. MURRAY, who played posal to set up a simple way for stu- Boxer Hirono Reid Cantwell Kaine such a crucial role in passing the law dents to get relief. And all borrowers Schatz Cardin King Schumer should receive the highest levels of Carper Klobuchar fixing No Child Left Behind. Shaheen Casey Leahy The PRESIDING OFFICER. The Sen- customer service and protections under Stabenow Cassidy Manchin the law, particularly our servicemem- Tester ator from Washington. Cochran Markey Mrs. MURRAY. Mr. President, I come bers and our military families. This is Collins McCaskill Udall to the floor as well today to speak in an issue I and others have raised di- Coons McConnell Warren support of Dr. John King’s nomination rectly with Dr. King during his con- Cornyn Menendez Whitehouse Donnelly Merkley Wyden to serve as Secretary of Education. firmation and one where we are finally Durbin Mikulski This is really an important time for seeing the administration make students when it comes to early learn- progress. NAYS—40 ing. We have seen improvements, but The role of Education Secretary has Ayotte Gardner Perdue we have much more to do to expand ac- become especially important as the De- Barrasso Gillibrand Risch Blunt Graham Roberts cess to high-quality preschool so more partment begins implementing the Boozman Grassley Rounds of our kids can start school on strong Every Student Succeeds Act. I expect Burr Heller Sasse footing. the Department to use its full author- Capito Hoeven Scott Coats Inhofe This is a critical moment as well, as ity under the Every Student Succeeds Shelby Corker Isakson Sullivan we just heard, for K–12 education as Act to hold our schools and States ac- Cotton Johnson Thune Crapo Lankford schools and districts and States transi- countable, to help reduce the reliance Tillis Daines Lee tion from the broken No Child Left Be- on redundant and unnecessary testing, Vitter Enzi Moran hind to the bipartisan Every Student and to expand access to high-quality Ernst Murkowski Wicker Succeeds Act that the President signed preschool. Fischer Paul into law late last year. A good education can be a powerful NOT VOTING—11 I hear all the time from students and driving force for success in our country Brown McCain Sessions families who are struggling with the and help more families live out the Cruz Portman Toomey high cost of college and the crushing American dream. That is what makes Flake Rubio Warner burden of student debt. With all of education such a vital piece of our Kirk Sanders these challenges and opportunities, the work to help our economy grow from The nomination was confirmed.

VerDate Sep 11 2014 03:23 Mar 15, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G14MR6.024 S14MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1458 CONGRESSIONAL RECORD — SENATE March 14, 2016 The PRESIDING OFFICER. Under we could all stand to benefit from that Roger F. Wicker, Mike Crapo, Johnny the previous order, the motion to re- kind of practice. Isakson, John Cornyn, Pat Roberts, consider is considered made and laid Today’s Golden Gavel recipient often Orrin G. Hatch, Richard Burr, James M. Inhofe, Jeff Flake, Tim Scott, Cory upon the table and the President will dashes off notes for pages to bring to Gardner, Shelley Moore Capito. be immediately notified of the Senate’s his staff while in the chair, and because action. today’s Golden Gavel recipient is a doc- Mr. MCCONNELL. I ask unanimous consent that the mandatory quorum f tor, it also takes his staff about 3 hours to decipher each of the notes he writes. call be waived. LEGISLATIVE SESSION Here is the bottom line for our friend The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under from Louisiana. Being in the chair re- objection, it is so ordered. the previous order, the Senate will re- minds him of all the history in this MOTION TO REFER sume legislative session. Chamber. It brings to mind the many Mr. MCCONNELL. I move to refer the The majority leader is recognized. important decisions that have been House message on S. 764 to the Com- made here over the years, and it gives f mittee on Commerce. him perspective. The PRESIDING OFFICER. The MORNING BUSINESS ‘‘Every now and then,’’ Senator CAS- clerk will report the motion. SIDY says, he likes to just ‘‘soak up the Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk moment.’’ I hope he will take the op- ask unanimous consent that the Sen- read as follows: portunity to do so now. He is the first ate be in a period of morning business, Member of the class of 2014 to earn the The Senator from Kentucky [Mr. MCCON- with Senators permitted to speak Golden Gavel distinction, and all of our NELL] moves to refer the bill, S. 764, to the therein for up to 10 minutes. Committee on Commerce, Science and colleagues are pleased to acknowledge Mr. MERKLEY. Mr. President, I ob- Transportation. this accomplishment. ject. Mr. President, I yield the floor. The PRESIDING OFFICER. Objec- f The PRESIDING OFFICER. The Sen- tion is heard. NATIONAL SEA GRANT COLLEGE ator from Iowa. Mr. MERKLEY. Mr. President, I ob- PROGRAM AMENDMENTS ACT OF ject. Reserving the right to object, I 2015 f would say to the majority leader that we are about to enter a topic where Mr. MCCONNELL. Mr. President, I people have strong opinions, and they ask the Chair to lay before the body IMMIGRATION ENFORCEMENT the message to accompany S. 764. should be able to speak what amount Mr. GRASSLEY. Mr. President, I they desire and not be limited to 10 The Presiding Officer laid before the want to pay tribute to Sarah Root, a minutes. Senate the following message from the young woman from Iowa who had a House of Representatives: Mr. MCCONNELL. Mr. President, I very bright future but was taken from am not sure what the question of the Resolved, That the bill from the Senate (S. this Earth too soon. 764) entitled ‘‘An Act to reauthorize and Senator from Oregon is related to. I Sarah was 21 years old and just grad- was simply going to commend the Sen- amend the National Sea Grant College Pro- gram Act, and for other purposes,’’ do pass uated from Bellevue University with ator from Louisiana for presiding over with an amendment. perfect grades. In the words of her fam- the Chamber for 100 hours—not a ter- ily, ‘‘She was full of life and ready to MOTION TO CONCUR WITH AMENDMENT NO. 3450 ribly controversial thing, I don’t think. take on the world.’’ Mr. MCCONNELL. I move to concur Mr. MERKLEY. And I certainly don’t According to a close friend of hers, object to the Senator doing that. But in the House amendment to S. 764 with a further amendment. Sarah was smart, outgoing, and dedi- as we go into morning business, there cated to her friends and family. She is no need to put a 10-minute limit to The PRESIDING OFFICER. The clerk will report the motion. embodied the words that were tattooed accomplish that. on her body: ‘‘Live, laugh and love.’’ Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk read as follows: The day Sarah graduated, she was ask unanimous consent that the Sen- struck by a drunk driver. That driver The Senator from Kentucky [Mr. MCCON- ate be in a period of morning business, was in the country illegally. The al- NELL] moves to concur in the House amend- with Senators permitted to speak. leged drunk driver was Edwin Mejia, The PRESIDING OFFICER. Is there ment to S. 764 with an amendment numbered 3450. and he had a blood alcohol content of objection? .241, three times the legal limit. The (The amendment is printed in today’s Without objection, it is so ordered. driver was charged with felony motor RECORD under ‘‘Text of Amendments.’’) f vehicle homicide and operating a vehi- CLOTURE MOTION cle while intoxicated on February 3. GOLDEN GAVEL AWARD Mr. MCCONNELL. I send a cloture Bail was set at $50,000, but he was only Mr. MCCONNELL. Mr. President, I motion to the desk on the motion to required to put up 10 percent. So for a would like to say a word to Senators concur. mere $5,000, the drunk driver walked about our colleague currently in the The PRESIDING OFFICER. The clo- out of jail and into the shadows. As chair. He has just passed an important ture motion having been presented Sarah’s father said, after laying his milestone. He has now presided over under rule XXII, the Chair directs the daughter to rest, ‘‘The cost of a bond the Senate for 100 hours. We all know clerk to read the motion. cost less than the funeral.’’ what that means. He will be receiving The senior assistant legislative clerk Those are painful words to hear, but the Golden Gavel, and I look forward to read as follows: what is more frustrating is that the presenting it to him tomorrow. CLOTURE MOTION driver should have never been released. Presiding over the Senate may not We, the undersigned Senators, in accord- When local law enforcement appar- seem the most glamorous job around ance with the provisions of rule XXII of the ently asked the Federal Government— here to some people, but it is an impor- Standing Rules of the Senate, do hereby specifically U.S. Immigration and Cus- tant one. You learn a lot about proce- move to bring to a close debate on the mo- toms Enforcement—to take custody of dure, you learn a lot about your col- tion to concur in the House amendment with the person, the Federal Government an amendment to S. 764, a bill to reauthorize leagues, and because the use of elec- and amend the National Sea Grant College declined. ICE refused to place a de- tronic devices is prohibited, you redis- Program Act, and for other purposes. tainer on the driver. An ICE spokes- cover the lost art of communicating Mitch McConnell, Mike Rounds, John man stated that the agency did not with a pen and a piece of paper. I think Barrasso, Deb Fischer, Tom Cotton, lodge a detainer on the man because

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