E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, FIRST SESSION

Vol. 161 WASHINGTON, THURSDAY, JULY 9, 2015 No. 106 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, So this additional flexibility has called to order by the Honorable MITCH PRESIDENT PRO TEMPORE, been good for Kentucky but only to a MCCONNELL, a Senator from the Com- Washington, DC, July 9, 2015. point, because the White House began To the Senate: monwealth of Kentucky. Under the provisions of rule I, paragraph 3, to tack on more and more require- f of the Standing Rules of the Senate, I hereby ments as a condition of continued re- appoint the Honorable MITCH MCCONNELL, a lief from the original law’s mandates, PRAYER Senator from the Commonwealth of Ken- leaving many States in an untenable The Chaplain, Dr. Barry C. Black, of- tucky, to perform the duties of the Chair. situation. This is how the White House fered the following prayer: ORRIN G. HATCH, was able to impose Common Core in Let us pray. President pro tempore. many places that didn’t necessarily Eternal Spirit, keep us from being a Mr. MCCONNELL thereupon assumed want it. In a sense, the flexibility one nation that forgets You. Remind us the Chair as Acting President pro tem- hand gave, the other has continually that righteousness exalts any nation, pore. taken away. but that sin deprives, degrades, and de- f It is clear that temporary relief, strapped with other Federal mandates, stroys, providing reproach to any peo- RECOGNITION OF THE MAJORITY is not a workable choice for States. ple. LEADER Arise, O God. Lift Your hands and This is why we need congressional ac- The PRESIDING OFFICER (Mr. lead our lawmakers to accomplish tion to replace the broken husks that ALEXANDER). The majority leader is Your purposes. Use them to break the remain of No Child Left Behind with recognized. stranglehold of wickedness, providing reforms that build on the good ideas in deliverance for captives and freedom f the original law while doing away with for the oppressed. In You, O God, we EVERY CHILD ACHIEVES ACT the bad ones. find refuge. May we not be brought to That is what the bipartisan Every Mr. MCCONNELL. Mr. President, No Child Achieves Act before us would, in shame, for You can make even our en- Child Left Behind laid the groundwork emies be at peace with us. Continue to fact, achieve. It would grow the kind of for important reforms to our education flexibility we have seen work so well in guide us, strong Deliverer, for we are system. But with its authorization ex- States such as Kentucky, and it would pilgrims in this land. We are weak, but piring in 2007, and with the previous stop Federal bureaucrats from impos- You are mighty. Guide us with Your Senate majority failing to replace it ing the kind of top-down, one-size-fits- powerful hands. with a serious proposal, many of the all requirements that we all know Lord, we praise You for the courage original requirements stayed in place threaten that progress. of the South Carolina Legislature. anyway and gradually became unwork- We pray in Your sovereign Name. Kentucky has already seen success able. with the limited and conditional flexi- Amen. This resulted in a lot of States get- bility granted to it so far. So just ting tangled up in endless bureaucracy, f imagine what States such as Kentucky reducing their ability to focus on could achieve when fully empowered to PLEDGE OF ALLEGIANCE boosting achievement and school per- do what is right for their students. The Presiding Officer led the Pledge formance. That was certainly true in This is how Kentucky education com- of Allegiance, as follows: the Commonwealth I represent. Ken- tucky was actually the first State to missioner Terry Holliday put it in a I pledge allegiance to the Flag of the letter he sent in support of this bill: United States of America, and to the Repub- petition for some freedom from the lic for which it stands, one nation under God, law’s requirements, and with that addi- I can attest based on our experience that indivisible, with liberty and justice for all. tional flexibility came better results. the waiver process is onerous and allows too many opportunities for federal intrusion into f Kentucky improved its graduation state responsibility for education. The long- rate, climbing into the top 10 among term health of public education in the APPOINTMENT OF ACTING all States. Kentucky increased the PRESIDENT PRO TEMPORE United States requires reauthorization and number of students who met statewide an end to the use of the waiver as a patch on The PRESIDING OFFICER. The standards. Kentucky raised the per- an otherwise impractical system of require- clerk will please read a communication centage of students entering postsec- ments. to the Senate from the President pro ondary education programs, increasing He is, of course, just right, and we tempore (Mr. HATCH). that number from about half to more have never been closer to achieving the The legislative clerk read the fol- than 68 percent in just a few years’ kind of outcome our kids deserve. lowing letter: time. Many thought Washington could never

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.000 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4902 CONGRESSIONAL RECORD — SENATE July 9, 2015 solve this issue, but the bill before us tion—completely jerry-rigged. It is ob- REPUBLICAN FILIBUSTERS was supported unanimously by Repub- vious to see why things should change Mr. REID. Mr. President, first, I wish licans and Democrats in committee. if Burma is to pursue a path of a more to take just a moment to praise the Members of both parties are having a representative government. good work being done by the chairman chance now to offer and vote on amend- Allowing appropriate constitutional and the ranking member of the HELP ments to the bill too. We had several fixes to pass through the Parliament Committee. The senior Senator from amendment votes yesterday. I expect would have said some very positive Tennessee and the senior Senator from more today. If our colleagues from ei- things about the Burmese Govern- Washington have done a remarkably ther side of the aisle have more ideas ment’s commitment to political re- good job to bring this reauthorization to offer, I would ask them to work with form. But when the measures were put to the floor. Senator ALEXANDER and Senator MUR- to a vote on June 25, the government’s Elementary and secondary education RAY to get them moving. allies exercised the very undemocratic is so important, and we are not living This is what a Senate that is back to power the Constitution grants them to up to the standards that we should work looks like. With continued bipar- stymie the reform. have. It is important to remember that tisan cooperation, this is a Senate that This stands in stark contrast to the all of this could have been done a long can prove the pundits wrong again by support for reform among elected Bur- time ago. passing another important measure to mese lawmakers, which is likely higher On the floor I mentioned yesterday help our country and our kids. than 80 percent. So among the people that Senator Harkin—who I said was a Remember, the House of Representa- elected by the people, 80 percent favor legendary Senator who served here for tives already passed its own No Child the reform, and the 25 percent inserted six terms, plus a number of terms in Left Behind replacement just last into the process by the military guar- the House of Representatives—for quite night, as it has done repeatedly in anteed that no reform occurred. So some time was chairman of the HELP years past. Now is the time for the even if the actual conduct of the elec- Committee, and when he wasn’t chair- Senate to finally get its act together tion proves to be free and fair, it risks man, he served under the guidance and after 7 years of missed deadlines on being something other than, certainly, leadership of Senator Kennedy. this issue. A new Senate majority be- the will of the people. Yesterday I said that the Republican lieves that the time for action and bi- When the most popular figure in the leader came to the floor and was boast- partisan reform should be now, and country is precluded from being a can- ing: Oh, we are getting this bill done. It with continued cooperation from our didate for the highest office in the is so great that things are working so friends across the aisle, it will be. land, and when approximately 80 per- well in the Senate. f cent of the people’s chosen representa- I mentioned at that time—yester- day—that Senator Harkin tried to BURMA tives are stymied by lawmakers who are not democratically elected, it bring the bill to the floor. He sent me Mr. MCCONNELL. Mr. President, on raises fundamental questions about the an email last night, and he said that he an entirely different matter, a few balloting that is coming up this fall on two separate occasions—2011 and weeks ago I came to the floor to dis- and about the Burmese Government’s 2013—got a bill out of the committee. cuss the importance of Burma’s elec- commitment to democracy. In fact, at But what happened? It was blocked tion this fall. I noted that its conduct this point it is unclear if the opposition coming to the floor by the Repub- would tell us a lot about the Burmese NLD Party will even participate in this licans—the same group of people who Government’s commitment to the path fall’s election. are now boasting that things are work- of political reform. I said that dem- We knew that legal, economic, polit- ing so well here. onstrating that commitment would be ical, and constitutional development Well, Mr. President, I think it is a critical to reassuring Burma’s friends and reform would evolve in that coun- shame that people come here to the abroad and that it could even have con- try through fits and starts. This is only floor and boast about the fact they sequences for further normalization of realistic, given the baseline from which have spent the last few Congresses try- relations with the United States, at Burma was starting when Congress ing to ruin Congress and the country. least as it concerns the legislative agreed to lift some of the sanctions. And they have done a pretty good job branch. Those of us who have followed Burma of it. So I urged Burmese officials to take for a long time also know that, given We are happy to be on this bill. And every step to ensure an election that its history, the military fears change, there is no motion to proceed, such as would be as free and fair as possible. ethnic unrest, and the uncertainty that I had to do on virtually every bill we Yet on June 25, the Burmese Govern- a more democratic government might brought to the floor. But let’s under- ment took a step backward from the bring. That is well acknowledged, but stand that historically. My friend the path to more representative govern- improving relations with the United Republican leader is living in a dream ment. States meant both sides would have to world. In fact, it is fast becoming a Let me explain. There is little doubt take some risks. This was a moment theme of this 114th Congress—bringing that Burma’s Constitution contains for the military to take another impor- up legislation that Republicans have numerous flaws that need to be revised tant step on its end, and it was a blocked in the past. Senator STABENOW if the government is to be truly rep- missed opportunity. from Michigan calls it the filibuster resentative. In light of the recent defeat of con- makeup. First, it unreasonably restricts who stitutional reform, I believe that steps Look at the accomplishments about can be a candidate for President—a not such as including Burma in the Gener- which my friend the Republican leader so subtle attempt to bar the country’s alized System of Preferences Program brags that he has gotten done this most popular opposition figure from should be put on hold until after this year: ever standing for that office. But then fall’s election. Only after the ballots Terrorism risk insurance. We would it goes even further, ensuring an effec- have been cast and counted in Burma have done that at any time during the tive military veto over constitutional can an appropriate evaluation be made last Congress—at any time—and he change—for instance, amendments about the pace of reform in the country knows it. about who can run for the Presidency— and whether additional normalization The Clay Hunt suicide prevention by requiring more than three-fourths of relations is warranted. bill. That was a bill which was so easy parliamentary support in a legislature to get done. It was blocked. The Repub- where the Constitution also reserves f licans wouldn’t let us move forward on one-fourth of the seats for the mili- it. tary. RECOGNITION OF THE MINORITY Appropriations for the Department of Let me say that again. The Constitu- LEADER Homeland Security. We were prevented tion reserves one-fourth of the seats for The PRESIDING OFFICER (Mr. from doing that. the military and requires a three- HELLER). The Democratic leader is rec- The human trafficking bill. We spent fourths vote to amend the Constitu- ognized. a lot of time on it in this Congress. We

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.001 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4903 would have done that last Congress change by the year 2100, the seas will He promised that last year, and he is easily. We were prevented from doing have increased by 16 feet. The State of a man of his word. He is ruining every so. Florida will basically be half under- one of these appropriations bills with The repeal of Medicare’s sustainable water. these riders, in spite of more asthma, growth rate. We call it SGR. We would Prior to 2100, it is already getting more heart disease, more cancer. have done that at any time, Mr. Presi- bad. Talk to the two Senators from Instead of passing appropriations dent. There are no great shakes here. Virginia. Areas that are military in- bills that keep our government open How did we get it done? It wasn’t paid stallations are now covered with water and funded, the Republican leader is for. Why? Because it was a budget gim- most of the time. Talk to my friend the more interested in making Democrats mick in the first place, during the Bush senior Senator from Florida, and he and Republicans not work together and years. will tell you what is happening in Flor- having the President and Democrats So to hear my friend the Republican ida now. Talk to the Governor of New very uncomfortable. Sadly, this is how leader coming and boasting about all York, and he will tell you what hap- Republicans are governing. This is how this stuff getting done, we could have pened with Sandy, the hurricane. It is they pretend to lead our country. It is done—most of it could have been done going to happen again because we are embarrassing. I believe it is. Look at two Congresses ago. Certainly in the doing nothing to prevent climate the poll numbers to see what is hap- last Congress we should have gotten it change from devastating our country. pening. The Republican leader’s num- done. The Presiding Officer is from the State bers are the lowest they have ever been The extension of the Foreign Intel- of Nevada, as am I. He knows that recorded. ligence Surveillance Act—the PA- bears—not all bears but many bears are It doesn’t have to be this way. With TRIOT Act. We knew it had to be done. not even hibernating in the Sierras the help of a handful of reasonable Re- We tried to get it done last Congress anymore because it is not cold enough. publicans, we can sidestep this sham but couldn’t get it done. We were pre- Talk to one of the Senators from New and pass meaningful legislation that vented from doing so. Hampshire. The moose are being dev- averts another government shutdown. Now it is the same with the elemen- astated. Why? Because the cold weath- The first one was promoted and engi- tary and secondary education bill. I am er is not killing the gnats, the fleas on neered by the Republicans. glad we are on this and glad to com- the moose, and they are dying. About a I said yesterday and I repeat, Mr. plete this other stuff, but let’s not try third of them are dead. President, to show how shameful that to rewrite history, Mr. President. So climate change is not serious? It was, two-thirds of the Republicans in These things could have been done eas- is a serious issue. Of course it is. the House voted to keep the govern- ily had they not been filibustered here Republicans have riders in this bill ment closed. I mentioned yesterday on the Senate floor. Any one of these dealing with clean water. They have how the Republican chairman of the bills would have easily passed in the stuck in language to permanently House Committee on Appropriations, last Congress, but every one of them block implementation of protections Congressman HAL ROGERS—whom peo- was blocked by Republicans. for streams and wetlands that have the ple call the Dean of the Kentucky dele- f greatest impact on our Nation’s water gation—is calling on his party to work quality. with us Democrats on a long-term solu- MANUFACTURED CRISES Ozone pollution is another rider they tion that avoids a government shut- Mr. REID. Mr. President, we hear the slipped in there. They slipped in lan- down. We need Republicans like him phrase ‘‘manufactured crisis’’ used a guage to delay efforts to protect people here in the Senate. lot here lately. Why? The Republican from lung diseases and asthma, among In just a few months, the government leader gives people plenty of reason to other things. will run out of money. It will have no use the term. He has singlehandedly Hazardous waste cleanup—now, this more money on October 1. Unless we turned the entire appropriations proc- is unique. They stuck language in this can reach a bipartisan budget agree- ess into a charade designed to manu- bill affecting Superfund sites. This has ment, our Nation will face another ri- facture yet another crisis. been a great program. It has been a diculous and damaging government Look no further than what Repub- great program because people who dev- shutdown. So I urge my Republican licans are doing in the interior, envi- astate and pollute the land are asked friends—especially Republican leaders ronment appropriations bill. The Re- to pay to clean it up. Republicans have in both Houses—to listen to Chairman publican leader bragged yesterday— stuck language in here to have the tax- ROGERS and those other members of today is Thursday, so on Wednesday— payers clean this up and pay for it. the Committee on Appropriations and that he and his colleagues have ‘‘lined That is stunning to me. work together. Put aside these non- the interior appropriations bill with This is a perfect example of Repub- serious games and get serious about every rider you can think of to push licans manufacturing a crisis. They keeping our government open. It is the back against them.’’ have loaded up a necessary funding only way Congress will avoid another They have filled that legislation with measure with dangerous provisions manufactured crisis the Republican so-called riders. What is a rider? It is that have doomed these bills. Then leader seems so desperately to desire. when Democrats oppose it, the Repub- an extraneous provision that has noth- f ing to do with the purpose of the bill— lican leader will feign outrage and in this instance, a funding bill. So they blame Democrats for its failure, hoping WASHINGTON FOOTBALL TEAM have filled that legislation, the inte- to score some type of political victory. NAME rior appropriations bill, and other bills Republicans know an appropriations Mr. REID. Mr. President, finally, yes- that have nothing to do with funding bill full of riders that roll back envi- terday the U.S. District Court for the the government with things that are ronmental protections will be stopped Eastern District of Virginia affirmed harmful to our country. by us and vetoed by the President. This what Native Americans have been say- For example, in the appropriations scripted performance is the definition ing for decades—the Washington foot- bill dealing with the interior, Repub- of a manufactured crisis. And the Re- ball team name is disparaging. It is licans have included language to per- publican leader said as much last year racist and morally objectionable, and manently dismantle efforts to address in an interview with the Hill newspaper it should be changed now. climate change by blocking Federal en- Politico. Here is what he said: U.S. District Court Judge Gerald forcement of a nationwide policy to re- Obama needs to be challenged, and the best Bruce Lee sustained the Patent and duce carbon pollution from existing way to do that is through the funding proc- Trademark Office’s decision that the powerplants. ess. He would have to make a decision on a Washington football team name should Climate change is very hurtful to our given bill, whether there’s more in it that he not be protected by a Federal trade- likes than dislikes. A good example is adding economy and hurtful to our country. restrictions to regulations from the Environ- mark registration. That is good news. I was at an event at the White House mental Protection Agency. Adding riders to But how did the Redskins respond? two nights ago. The President said that spending bills would change the behavior of Sorry to use that name. I made a mis- if we don’t do something about climate the bureaucracy. take. How did the Washington football

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.003 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4904 CONGRESSIONAL RECORD — SENATE July 9, 2015 team respond? By saying: Well, our engagement funds for financial literacy ac- and improved by our committee and football team is worth a lot of money, tivities. now being improved on the floor—is and as part of that value, the Redskins Toomey amendment No. 2094 (to amend- that while we keep the important ment No. 2089), to protect our children from name is worth some money. convicted pedophiles, child molesters, and measures of the accountability, so we I mean, does Daniel Snyder have other sex offenders infiltrating our schools know what children in South Dakota enough money? I think so, without dis- and from schools ‘‘passing the trash’’—help- and Tennessee and Washington State paraging the group of Indians we have ing pedophiles obtain jobs at other schools. are learning and not learning, so we in Nevada—22 separate tribal entities The PRESIDING OFFICER. The Sen- can tell if anyone is left behind, that in Nevada. They do not like this. Sny- ator from Tennessee. we restore to States the responsibility der tried a couple of things—bought Mr. ALEXANDER. Mr. President, the for figuring out what to do about the them a car and thought they would Democratic leader and the Republican tests. That has broad-scale support. back off and no longer object. They saw leader have created an environment in Superintendents were in town yester- that one coming, and they said: No, which we can succeed on this bill, and day from all over the country; they you keep the car. I am grateful to them for that. I lis- told us that. Governors are calling us; What the judge did yesterday is good tened to their remarks this morning they tell us that. The major teachers news. The Federal Government should about some things that have gone on in organizations in the country tell us we not protect a team or company that the past in the Senate. My late friend do not need, in effect, a national school takes pride in hearing a racial slur Alex Haley, the author of ‘‘Roots,’’ board. Those decisions need to be made every time their name is mentioned. used to say: Find the good and praise by teachers who cherish the children in While the ruling is a step in the right it. And so what I would like to do is their classroom and the parents who direction, this battle is not over. Ulti- thank the majority leader for putting put them there and school board mem- mately, the response will rest with the the bill on the floor. Only he can do bers who care for them and Governors owner, Dan Snyder, a multibillionaire. that and give us a chance to debate it. and legislators who are closer to home. The U.S. Government cannot change I thank the Democratic leader for cre- So this bill isn’t easy to do, but be- his team’s name; only he can. For far ating an environment in which we can cause of that consensus, we are making too long, owner Snyder has tried to have a large number of amendments good progress. hide behind tradition, but yesterday’s and succeed. I will submit following my remarks ruling makes clear that his franchise’s I thank the Senator from Wash- an article from earlier this week from name only fosters a tradition of rac- ington, Mrs. PATTY MURRAY, who sug- Newsweek entitled, ‘‘The Education ism, bigotry, and intolerance. gested the way we proceed today. We Law Everyone Wants to Fix.’’ The I admire so very much the Repub- fell into some partisan differences in House of Representatives said it wants lican Governor of South Carolina. She the last two Congresses that made that to fix it last night. The progress we are has all the conservative credentials impossible, and she has, as much as making suggests the Senate wants to anyone needs, and after that terrible anybody, helped solve that problem. fix it. We know all across the country incident at a church in her State, she We are making good progress. We Governors, legislators, teachers, school said the Confederate flag is going to go. have adopted a number of amendments. superintendents, and parents want to Yesterday, after a long debate, as I un- We voted on some others. Some have end the confusion and anxiety in the derstand it, the South Carolina Legis- passed, and some have been defeated. 100,000 public schools. lature said no more public display of People have had a chance to have their We will be having more votes, hope- the flag. So tradition is not the name say. Senator MURRAY and I have re- fully today just before lunch, and then of the game. Fairness—not racism, not ceived a large number of amend- we will continue with the bill. bigotry, not intolerance—is the game. ments—several dozen, actually, that Mr. President, I ask unanimous con- Dan Snyder should do the right thing Senators on both sides have offered— sent that following my remarks, the and change the team’s name. There is that we have agreed to recommend to article from Newsweek entitled ‘‘The no place for that kind of tradition in the full Senate we adopt by consent. Education Law Everyone Wants to the National Football League, and In addition to that, we adopted 29 Fix’’ be printed in the RECORD. there is certainly no place for it in our amendments in the committee consid- On a different subject, which I will great country. eration, and many of those were not elaborate on today, I wish to also Mr. President, I apologize to my amendments from Democratic Mem- include, following my remarks, an arti- friend the chairman of the committee bers of the Senate. So I think most cle I wrote for the Wall Street Journal for taking so much time. Senators—in fact, I haven’t heard a yesterday about the cost of going to single one say that they haven’t had a college. I think it is unfortunate that f chance to have their say on No Child so many politicians and pundits say RESERVATION OF LEADER TIME Left Behind. that Americans can’t afford college The PRESIDING OFFICER (Mr. Yesterday, I put into the RECORD an when in fact most of them can. It is never easy, but it is important for ROUNDS). Under the previous order, the op-ed from the Washington Post by the leadership time is reserved. Virginia Secretary of Education Anne them to know that for low-income Holton, who made the argument that Americans, for example, the first 2 f States, like Virginia, are well prepared years of college are free or nearly free EVERY CHILD ACHIEVES ACT OF to accept the responsibility for higher at a community college; and there are 2015 standards, better teaching, and real ac- many other ways colleges, universities, the Federal Government, and tax- The PRESIDING OFFICER. Under countability. Over the last 15 years, payers try to make it easy for a larger the previous order, the Senate will re- that has happened in every State. It reminds us that this bill we are de- number of Americans to go to college. sume consideration of S. 1177, which bating only provides 4 percent of the That is a debate Senator MURRAY the clerk will report. and I dollars that pay for our 100,000 public The legislative clerk read as follows: are already working on. We will bring schools in the country. We have some the reauthorization of the higher edu- A bill (S. 1177) to reauthorize the Elemen- other money that the Federal Govern- cation bill before the Senate hopefully tary and Secondary Education Act of 1965 to ensure that every child achieves. ment spends—4 percent or 5 percent later this year. more—for those schools, but this bill Mr. President, I ask unanimous con- Pending: spends 4 percent. Most of the money, sent that my op-ed from the Wall Alexander/Murray amendment No. 2089, in most of the responsibility, most of the Street Journal be printed in the the nature of a substitute. opportunity for success is with parents, RECORD following my remarks. Alexander (for Fischer) amendment No. Mr. President, there are a number of 2079 (to amendment No. 2089), to ensure local classroom teachers, and others who are governance of education. close to the children. Senators who wish to come to the floor Murray (for Peters) amendment No. 2095 The consensus we have developed, the to speak today. I encourage any Sen- (to amendment No. 2089), to allow local edu- bipartisan consensus—again, with the ator who hasn’t presented their amend- cational agencies to use parent and family bill Senator MURRAY and I put together ment to go ahead and do that. I am

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.005 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4905 hopeful that soon we will have an and whether students can use public funds to No Child Left Behind reauthorization, which agreement to have a number of votes go to the school they want—even private would be effective for as long as five years. before lunch. school—via things like vouchers. That, says With the possibility of a Republican sweep- I yield the floor. Kusler, defeats the whole purpose of the law, ing into the White House, some argue it’s which is aimed at improving low-performing There being no objection, the mate- best to stick to the status quo for now, and schools and ‘‘serving historically under- tackle a more ambitious overhaul once a rial was ordered to be printed in the served populations.’’ more conservative president is in office (they RECORD, as follows: The House bill, sponsored by Minnesota hope). [From Newsweek, July 3, 2015] Republican John Kline, includes the port- But Kusler, for one, is hopeful that the THE EDUCATION LAW EVERYONE WANTS TO FIX ability provision Republicans favor. That pressure from all sides to fix an unworkable prompted a veto threat from the White (By Emily Cadei) law will ultimately force a political com- House in February. But even with that provi- promise—opposed to kicking the can down When it comes to setting standards for sion, Kline’s bill has had trouble winning the road further. ‘‘I am entirely optimistic America’s public schools, there’s a remark- conservative support. Republican leaders ini- that we will get this done. We have never able degree of consensus: The system the fed- tially planned to hold a vote on it in late been so close,’’ she says. ‘‘We have created a eral government has in place—known as No February but changed their minds at the last perfect storm here.’’ Child Left Behind—doesn’t work. Fixing it, minute when it became apparent they didn’t however, is about to set off a new round of have enough GOP support. Members aligned [From the Wall Street Journal, July 6, 2015] fierce political combat in Washington, D.C., with the Tea Party argue the overhaul still COLLEGE TOO EXPENSIVE? THAT’SAMYTH and draw in 2016 candidates as well. spends too much money and leaves too much (By Lamar Alexander) Both the House and Senate are set to de- power in the hands of the federal govern- bate the 2001 No Child Left Behind law next ment. They’re insisting on a vote on an Pell grants, state aid, modest loans and week. Passed with bipartisan support—in- amendment that would give states the op- scholarships put a four-year public institu- cluding the unlikely pairing of President tion of opting out of No Child Left Behind re- tion within the reach of most. George W. Bush and Massachusetts liberal quirements entirely, a proposal known in Paying for college never is easy, but it’s Sen. Ted Kennedy—it sought to set national shorthand as A-PLUS. easier than most people think. Yet some standards for school and student achieve- ‘‘There’s just no conceivable way they can politicians and pundits say students can’t af- ment, and mandated testing to make sure bring the Kline bill onto the floor without ford a college education. That’s wrong. Most they were keeping up as well as funding in- bringing up A-PLUS,’’ says Dan Holler, of them can. centives to keep schools on track. spokesman for Heritage Action for America, Public two-year colleges, for example, are But the goals that the 2001 law set turned the advocacy arm of the conservative Herit- free or nearly free for low-income students. out to be far too ambitious and, the chorus age Foundation. Holler’s group came out in Nationally, community college tuition and of critics say, too rigid. ‘‘Teaching to the strong opposition to the bill in February and fees average $3,300 per year, according to the test’’ is a refrain heard across the country. plans to continue to oppose it unless that College Board. The annual federal Pell grant Test results have become an end-all, be-all, provision is included in the House bill. He ar- for these students—which does not have to complain teachers and parents, Democrats gues that the House needs to pass the most be paid back—also averages $3,300. and Republicans, alike. conservative bill possible, given that they’ll At public four-year colleges, tuition and No Child Left Behind ‘‘simplified all of then have to negotiate a final text with the fees average about $9,000. At the University school accountability to be a performance on Senate. of Tennessee, Knoxville, tuition and fees are a math test or a reading test,’’ says Mary Given how toxic No Child Left Behind has $11,800. One third of its students have a Pell Kusler, director of government relations for become, 2016 candidates on the campaign grant (up to $5,775 depending on financial the National Education Association, which trail are going to be hard-pressed to avoid need), and 98% of instate freshmen have a lobbies on behalf of teachers and other edu- the debate. There could be 100 amendments state Hope Scholarship, providing up to cation professionals. That, Kusler says, ‘‘has or more filed in the Senate, which means the $3,500 annually for freshmen and sophomores corrupted the education our children are re- four Republican senators running for presi- and up to $4,500 for juniors or seniors. States ceiving because it has reduced our schools to dent will have to weigh in on plenty of run a variety of similar programs—$11.2 bil- this reduce and punish system.’’ thorny questions surrounding education pol- lion in financial aid in 2013, 85% in the form The two parties have very different visions icy as it relates to race, inequality and of scholarships, according to the National for overhauling the law, however. Those in states’ rights. Association of State Student Grant and Aid the middle, the House and Senate leaders Even those candidates who won’t be vot- Programs. that have drafted the legislation, are now ing, however, are bound to be questioned on The reality is that, for most students, a faced with walking a tightrope between a the topic. Education policy has become a lit- four-year public institution is also within fi- measure that will win sufficient Republican mus test on the Right, with conservatives nancial reach. support in the House but still get a signature rallying against any attempts to nationalize What about really expensive private col- from President Obama. That’s no easy task— what they believe should be state or local de- leges? Across the country 15% of students at- the law has technically been expired since cisions. They’ve mainly focused on plans for tend private universities where tuition and 2007, but Congress has not been able to mus- a national curriculum, known as Common fees average $31,000, according to the College ter the political consensus to reauthorize it Core, which is not part of the No Child Left Board. Georgetown University costs even since then. It’s still being implemented, Behind law. But Common Core is indirectly more: about $50,000 a year. Its president, though, because Congress continues to pro- linked, since states have adopted it to meet John DeGioia, told me how Georgetown—and vide funding for the vast majority of its pro- the testing and accountability standards many other so-called elite colleges—help grams. that No Child Left Behind created. make a degree affordable. In the Senate, Tennessee Republican Many Republican governors that initially First, Georgetown determines what a fam- Lamar Alexander, a former Secretary of embraced the Common Core standards, in- ily can afford to pay. It asks the student to Education, and Washington Democrat Patty cluding 2016 long shots Chris Christie of New borrow $17,000 over four years and work 10–15 Murray have crafted a proposal that passed Jersey and Bobby Jindal of Louisiana, have hours a week under its work-study program. their Health, Education, Labor and Pensions backed away from them amidst the conserv- Georgetown pays the remainder—at a total Committee unanimously in April. Their leg- ative backlash. Former Florida Gov. Jeb cost of about $100 million a year. islation would maintain the testing regimen Bush is one of the few (along with Gov. John Apart from grants, work and savings, there put in place by No Child Left Behind but give Kasich of Ohio) who has stood by Common are federal student loans. We hear a lot of states more flexibility in how they use test Core. He also once offered the Obama admin- questions about these loans. Are taxpayers results to measure performance. That’s istration support in its efforts to reauthorize generous enough? Is borrowing for college a earned the hearty endorsement of teachers No Child Left Behind, according to an email good investment? Are students borrowing and groups like NBA, as well as business as- the website Buzzfeed published last month. too much? sociations—which are usually on opposite Those education stands are a big reason for An undergraduate today can get a federal sides of the education policy debate. In order conservatives’ simmering distrust of this son loan of up to $5,500 his first year. The annual to get Democrats on board, Alexander and brother of past presidents. loan limit rises to $7,500 his junior and senior dropped one big Republican priority from the The teachers’ unions, meanwhile, continue years. The fixed interest rate for new loans bill—a provision that would link federal to hold tremendous sway in the Democratic this year is, by law, 4.29%. A recent graduate funding for students from low-income areas primary, and their endorsements remain up may pay back the loan using no more than to the individual child, rather than the for grabs in 2016. Dark horse candidate Mar- 10% of his disposable income. And if at that school district in which they reside, which is tin O’Malley, the former governor of Mary- rate he doesn’t pay it off in 20 years, tax- how the system works now. Republicans land, is clearly eyeing that vote, and is payers forgive the loan. argue this ‘‘portability’’ measure gives chil- scheduled to hold an education event fol- Are students borrowing too much? The dren and their families an opportunity to go lowed by a meeting with the NBA of New College Board reports that a student who to better schools but Democrats say it will Hampshire next week. graduates from a four-year institution car- just weaken already struggling schools. It’s The presidential race also offers a ration- ries, on average, a debt of about $27,000. This part of a broader fight over ‘‘school choice’’ ale to conservative holdouts opposed to the is about the same amount of the average new

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.006 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4906 CONGRESSIONAL RECORD — SENATE July 9, 2015 car loan, according to the information-serv- education bill. While that is another we can succeed. We govern a complex ices company Experian Automotive. The important step in the process to finally country such as ours by consensus, and total amount of outstanding student loans is fix the badly broken No Child Left Be- I think the way we are doing things is $1.2 trillion. The total amount of auto loans hind law, I am disappointed that House a pretty good example of the way we outstanding in the U.S. is $950 billion. But a student loan is a lot better invest- Republicans have chosen to take a par- can do that. ment. Cars depreciate. College degrees appre- tisan approach in their bill that is un- I am glad the House of Representa- ciate. The College Board estimates that a acceptable to Democrats and will never tives acted. We have a process for this four-year degree will increase an individual’s become law. called conference. We haven’t been lifetime earnings by $1 million, on average. I appreciate the work that ranking doing conferences much lately. But she What about the scary stories of students member BOBBY SCOTT put into the and I both talked with Chairman KLINE with $100,000 or more in debt? These rep- House Democratic substitute. I am resent only 4% of all student loans, and 90% and Representative SCOTT. If we should of the borrowers are doctors, lawyers, busi- looking forward to coming together succeed next week, as I believe we will, ness school graduates and others who have with him as well as Chairman KLINE in why then we will have a conference earned graduate degrees. a conference. I truly hope House Re- with the House of Representatives, and About seven million federal student loan publicans will be ready to join ranking we will develop a bill we hope the borrowers are in default, defined as failing to member BOBBY SCOTT and other House President will be comfortable signing. make a loan payment in at least nine and Senate Democrats, Senate Repub- We are not here just to make a speech. months. That’s about one in 10 of all out- licans, and the administration as we We want to resolve this. As I said in standing federal student loans in default—al- work to get this done in a way that though the Education Department says most the article I put in earlier, this is the of those loans eventually get paid back. works for all students and families. I education law everyone wants fixed. In Here are five steps the federal government am looking forward to continuing that our constitutional system of govern- can take to make it easier for students to fi- work here today in the Senate. ment, we don’t fix it unless the House nance their college education: Again, I truly want to thank my col- and Senate agree and the President Allow students to use Pell grants year- league, the senior Senator from Ten- signs it. round, not only for the traditional fall and nessee, for working with me on our bi- So that is our goal, and we are con- spring academic terms, to complete their de- partisan bill, and I appreciate Chair- grees more rapidly. tinuing to make steps, thanks to the Simplify the confusing 108-question federal man ALEXANDER’s cooperation in work- leadership of Senator MURRAY and oth- student-aid application form and consolidate ing in a bipartisan way through this ers. the nine loan repayment programs to two: a process. I join him this morning in en- I suggest the absence of a quorum. standard repayment program and one based couraging our colleagues to file their The PRESIDING OFFICER. The on their income. amendments so we can continue mak- clerk will call the roll. Change the laws and regulations that dis- ing progress on this important piece of courage colleges from counseling students The senior assistant legislative clerk legislation. proceeded to call the roll. against borrowing too much. Our bipartisan bill, the Every Child Require colleges to share in the risk of Mr. ALEXANDER. Mr. President, I Achieves Act, is a good step in the lending to students. This will ensure that ask unanimous consent that the order right direction to fix No Child Left Be- they have some interest in encouraging stu- for the quorum call be rescinded. hind. It gives our States more flexi- dents to borrow wisely, graduate on time, The PRESIDING OFFICER. Without and be able to pay back what they owe. bility, while also including Federal Clear out the federal red tape that soaks guardrails to make sure all students objection, it is so ordered. up state dollars that could otherwise go to have access to a quality public edu- Mr. ALEXANDER. Mr. President, I help reduce tuition. The Boston Consulting cation. We are not done yet. I want to ask unanimous consent that the time Group found that in one year Vanderbilt work to continue to improve and until 11:30 a.m. today be equally di- University spent a startling $150 million vided between the two managers or complying with federal rules and regulations strengthen the bill. One example, today we will talk their designees and that it be in order governing higher education, adding more to call up the following amendments: than $11,000 to the cost of each Vanderbilt about an amendment to help shine a student’s $43,000 in tuition. America’s more light on inequalities in education that Daines amendment No. 2110, Warren than 6,000 colleges receive on average one still exist in our country. I thank Sen- amendment No. 2120, Brown amend- new rule, regulation or guidance letter each ator WARREN for offering her amend- ment No. 2099, Portman amendment workday from the Education Department. ment. I look forward to that discus- No. 2147, Manchin amendment No. 2103, It is vital that more Americans earn their sion. That amendment will help States, Kaine amendment No. 2096, Heller college degrees, for their own benefit and amendment No. 2121, Feinstein amend- that of the country. A report by Georgetown districts, and schools better analyze student achievement data so they can ment No. 2087; that the Toomey amend- University’s Center on Education in the ment be modified with the changes at Workforce tells us that if we don’t, we’ll fall help their students achieve. So I hope short by five million workers with postsec- our colleagues will pass that amend- the desk; further, that at 11:30 a.m., the ondary education in five years. ment. Senate vote in relation to the amend- Mr. ALEXANDER. Mr. President, I I am looking forward to getting ments in the order listed, with a vote suggest the absence of a quorum. started again today to work through in relation to the Toomey amendment, The PRESIDING OFFICER. The this issue and a number of others we as modified, after disposition of the clerk will call the roll. have, and I hope to continue to work in Brown amendment, with a 60-affirma- The senior assistant legislative clerk a bipartisan way to make sure all stu- tive vote threshold for adoption of the proceeded to call the roll. dents have access to a quality edu- Daines amendment, and with no sec- Mrs. MURRAY. Mr. President, I ask cation, again, regardless of where they ond-degree amendments in order to any unanimous consent that the order for live or how they learn or how much of the amendments prior to the votes; the quorum call be rescinded. money they make. that there be 2 minutes equally divided The PRESIDING OFFICER. Without I look forward to today’s discussion. prior to each vote, and that upon the objection, it is so ordered. Again, I thank our colleagues on the disposition of the Feinstein amend- Mrs. MURRAY. Mr. President, mak- other side of the aisle for working with ment, the Senate vote in relation to ing sure our Nation’s students get a us to fix this badly broken bill. the Fischer amendment No. 2079. quality education is critical for our I yield the floor. The PRESIDING OFFICER. Is there ability—our country’s ability—to lead The PRESIDING OFFICER. The Sen- objection? the world in the years to come, and a ator from Tennessee. Without objection, it is so ordered. good education can be a ticket to the Mr. ALEXANDER. Mr. President, I The amendment (No. 2094), as modi- middle class. It is also important for wish to acknowledge the comments of fied, is as follows: building an economy from the middle the Senator from Washington. Before (Purpose: To ensure that States have policies out, not just from the top down. she was here, I commented on her lead- or procedures that prohibit aiding or abet- Of course, yesterday the House of ership and on how the Democratic lead- ting of sexual abuse, and for other pur- Representatives passed their partisan er as well as the Republican leader poses) bill to reauthorize the Nation’s K–12 have created an environment in which At the end of title IX, add the following:

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.013 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4907 SEC. ll. PROHIBITION ON AIDING AND ABET- The senior assistant legislative clerk dren in that school, finally culmi- TING SEXUAL ABUSE. proceeded to call the roll. nating in the rape and murder of a lit- Subpart 2 of part F of title IX (20 U.S.C. Mr. TOOMEY. Mr. President, I ask tle boy named Jeremy Bell. 7901 et seq.), as amended by sections 4001(3) The practice of sending a letter of and 9114, and redesignated by section 9106(1), unanimous consent that the order for is further amended by adding at the end the the quorum call be rescinded. recommendation on behalf of a known following: The PRESIDING OFFICER. Without predator is so appalling that most of us ‘‘SEC. 9539. PROHIBITION ON AIDING AND ABET- objection, it is so ordered. can’t imagine anyone would do it. But TING SEXUAL ABUSE. AMENDMENT NO. 2094, AS MODIFIED the sad truth is that it has happened so ‘‘(a) IN GENERAL.—A State, State edu- Mr. TOOMEY. Mr. President, I wish frequently that it even has a name. It cational agency, or local educational agency to speak about my amendment, which is called passing the trash. In prosecu- in the case of a local educational agency des- is part of the unanimous consent agree- tion circles and in the circles of people ignated under State law, that receives Fed- who are advocates for children who are eral funds under this Act shall have laws, ment that was just agreed to. I have a number of thank yous I need to go victims of these horrendous crimes, regulations, or policies that prohibit any they know this all too well. Passing person who is a school employee, contractor, through. or agent, or any State educational agency or I will start by thanking the cospon- the trash is all too common a practice local educational agency, from assisting a sors of this amendment, starting with as a way for schools to make these school employee, contractor, or agent in ob- Senator MANCHIN, who has been with predators someone else’s problems. taining a new job, apart from the routine me in this battle for a very long time Well, the initial amendment that I transmission of administrative and per- now. But I wish to thank the other co- filed this bill, mirroring the legislation sonnel files, if the person or agency knows, that Senator MANCHIN and I intro- sponsors, including Senators MCCON- or recklessly disregards credible information duced, attempted to deal with this NELL, ALEXANDER, COTTON, CAPITO, indicating, that such school employee, con- problem in two ways. One, in the first GARDNER, HELLER, INHOFE, JOHNSON, tractor, or agent engaged in sexual mis- place, was to establish a thorough Fed- MCCAIN, ROBERTS, and VITTER. conduct regarding a minor in violation of the eral standard for background checks law. I am on the floor of the Senate to ex- for school employees, and the second ‘‘(b) EXCEPTION.—The requirements of sub- plain to people what we have done and was to have a prohibition against pass- section (a) shall not apply if the credible in- are going to vote on later today. I be- ing the trash—to make it illegal for formation described in such subsection— lieve that this amendment is very con- someone to knowingly recommend for ‘‘(1)(A) has been properly reported to a law structive, and I am very optimistic and enforcement agency with jurisdiction over hire a sexual predator. the alleged misconduct; and hopeful this will pass. As for the first part, the background This amendment is based on a bill ‘‘(B) has been properly reported to any check part, we have had disagreements that I introduced with Senator other authorities as required by Federal, among ourselves as to how to do that MANCHIN over a year and a half ago, State, or local law, including title IX of the and whether to do that. There have Education Amendments of 1972 (20 U.S.C. which was called the Protecting Stu- been deep disagreements, and despite 1681 et seq.) and the regulations imple- dents from Sexual and Violent Preda- menting such title under part 106 of title 34, many conversations with my col- tors Act. I have spoken about this a leagues, we have not been able to reach Code of Federal Regulations, or any suc- number of times because I feel very ceeding regulations; and an agreement on how to proceed on ‘‘(2)(A) the case has been officially closed strongly about this. The fact is that that. I am disappointed that we have or the prosecutor with jurisdiction over the while the overwhelming majority of not reached an agreement, but I under- alleged misconduct has investigated the alle- our school employees across America stand that we don’t have the votes to gations and notified school officials that are wonderful people and some of the pass that portion. So I have agreed to there is insufficient information to establish great role models of our lives, it is also put that aside for now. I have not probable cause that the school employee, a fact that there are predators in our contractor, or agent engaged in sexual mis- agreed to abandon this cause of estab- schools. That is a sad fact, but it is lishing the most rigorous possible conduct regarding a minor; true. We know this for many reasons, ‘‘(B) the school employee, contractor, or background checks, but we will have agent has been charged with, and exonerated not the least of which is that last year that fight another day and hopefully at of, the alleged misconduct; or alone there were 459 school employees a time when we have the votes to pass ‘‘(C) the case remains open but there have arrested across America for sexual mis- it. been no charges filed against, or indictment conduct with the kids that they are What is really terrific news is that of, the school employee, contractor, or agent supposed to be protecting. we have reached an agreement on the within 4 years of the date on which the infor- So far this year we are on a path of other part of our legislation, the part mation was reported to a law enforcement arresting people at a rate that exceeds that prohibits this despicable, horren- agency. that of last year. We know this is a ‘‘(c) PROHIBITION.—The Secretary shall not dous practice of passing the trash—the have the authority to mandate, direct, or huge problem. very action that enabled the predator control the specific measures adopted by a It came to my attention because of to get the job that enabled him, in State, State educational agency, or local the absolutely horrific story of a young turn, to rape and kill young Jeremy educational agency under this section. boy named Jeremy Bell. Sadly, that Bell. Having reached this agreement, I ‘‘(d) Construction.—Nothing in this section story began in Pennsylvania, where a am confident that we will be able to shall be construed to prevent a State from teacher was molesting the students pass this amendment later today. If we adopting, or to override a State law, regula- under his charge. He was molesting lit- do, it will be the first time that the tion, or policy that provides, greater or addi- tle boys. The school figured out what tional protections to prohibit any person Senate has established that this des- who is a school employee, contractor, or was going on and reported it to the au- picable practice will no longer be toler- agent, or any State educational agency or thorities. But as much as they wanted ated anywhere in the country. local educational agency, from assisting a to, the authorities were never able to This is a huge victory for America’s school employee who engaged in sexual mis- assemble enough evidence to mount a children. It is as simple as that. When conduct regarding a minor in violation of the prosecution. So the school did some- we pass this in the Senate, and when it law in obtaining a new job.’’. thing despicable. What the school de- eventually becomes law, which I am Mr. ALEXANDER. Mr. President, for cided to do was to make this predator confident it will, the fact is our kids the information of Senators, we expect someone else’s problem. So they wrote are going to be safer. There are a lot of the first four amendments in this se- a letter of recommendation and said: States that already have some legisla- ries to require rollcall votes, with the You just leave, take this letter with tion that prohibits passing the trash rest of the amendments being adopted you, and find employment elsewhere. within their State, but no State can by a voice vote. Well, this is a pedophile. This is a force another State to forbid this prac- I thank the Senator from Washington predator they did this for, and of tice from coming across the line and for working with us to create this course he left and became someone into their State. That is why this al- agreement. else’s problem. He was hired in West ways needed a Federal response, and I I suggest the absence of a quorum. Virginia as a schoolteacher. Eventu- am really thrilled that today I think The PRESIDING OFFICER. The ally, he became principal, and of we are going to have that Federal re- clerk will call the roll. course, he serially molested the chil- sponse.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.015 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4908 CONGRESSIONAL RECORD — SENATE July 9, 2015 I need to thank a lot of folks. I see ment. I think it is bipartisan all the Fourth, every child should grow to my colleague from West Virginia has way. I think it will pass. It makes all earn a skill, learn a skill, be able to ob- joined us, and I will start with him. the sense in the world. It was Jeremy tain a skill that will carry them to be Senator MANCHIN has been a great Bell from my State of West Virginia a successful adult in life. partner in this effort since we started who was the victim of this tragic crime I will speak about the fifth promise over a year and a half ago. I am sure he that could have been prevented if we in just a moment. will have something to add about this had just known. That is what this is all Giving back to our communities, entire process. about. As Senator TOOMEY has said, we contributing our time and services to I also wish to thank the chairman of are not going to give up on making improve our world—this is something the committee, Senator ALEXANDER, sure we can find out who these per- everybody can do. We can’t use the ex- and Ranking Member MURRAY for all of petrators are, if they have a record we cuse of ‘‘I am sorry, my family is not the help they have provided in getting can follow and trace and keep them out wealthy enough for me to do some- us to this place. In particular, I have to of the school system before they ever thing’’—that is not an excuse—or ‘‘I thank Senator ALEXANDER and his begin their careers. That is a situation am sorry, I live in a rural area where I staff, together with my staff. I also on which we will continue to be very just don’t have that available to me.’’ have to mention Dimple Gupta, who vigilant. There is a need everywhere in the has worked tirelessly on this issue. Again, I thank Senator TOOMEY for world. In every part of this great coun- We had many long and often difficult his commitment and his hard work. His try, there is a need for people to give conversations. We started in what staff and our staff enjoyed working to- something back and do something to seemed like irreconcilable differences gether. We will continue to work on contribute, to reach out and help some- about this topic. But because we per- many endeavors that will benefit most body of lesser means, or maybe they sisted and everybody approached this importantly the children of this great don’t have any assistance whatsoever in a cooperative fashion, despite the country of ours in our respective in their life. There is an opportunity stiff opposition that there was at States. for every person to give. times, we were able to find common I thank Senator ALEXANDER and Sen- I learned from my grandparents. I ground. ator MURRAY for including my amend- watched them open up their home and I also need to acknowledge some out- ment—another amendment I will be make sure there was always a bed for a side groups that made it possible for us speaking about—to promote vol- stranger, make sure there was always to find this common ground: the Na- unteerism and community service. food, and make sure there were a few tional Children’s Alliance, the Associa- This is an issue about which I feel very rules we had to live by. You couldn’t tion of Prosecuting Attorneys, many strongly. I go all over the State of swear when there were too many young child advocate groups across Pennsyl- West Virginia and speak in different children around, you couldn’t drink, vania and across the country, law en- parts of the country, and I speak to and you had to work and provide some- forcement groups, and prosecutors. young people and ask them if they feel thing. If that was the case, then my Even the American Academy of Pedia- as if they own the country. grandparents took care of you and they I say: Do you have ownership? Do you tricians has been helpful in getting us wanted to share with you. They are believe this is your country? pretty simple rules to live by. here. They look at me very strangely. I will close with this: This is exactly Unfortunately, true public service is They really don’t feel as though they the way the Senate is supposed to not there. We for some reason have have ownership. work. This is the way it is supposed to I ask them: In the Constitution and thought it was somebody else’s respon- happen. As people who share a common in the preamble where it says a govern- sibility to take care of—just offer a vision, we all want to make sure our ment of the people, by the people, and government program, a Federal or kids are in the safest possible environ- for the people, whom are we speaking State program. What happened to ment when they go to school. We start- about? It is you. It is your government. reaching across the room, if you will, ed with wildly different views about You own it. What have you done to in- or reaching across your town or your how to get there. When the Senate is vest in it? Are you taking care of it? community or your State to help peo- working well, it works exactly as it is Are you doing preventive maintenance? ple? Our world is different, but our working now with regular order on the I am often reminded of the five prom- commitment to our neighbors Senate floor, going through the com- ises that were made, which were start- shouldn’t be. That is one value that mittee process, and having a ranking ed by Colin Powell and his five prom- doesn’t change. One person can still member and a chairman who are will- ises committee. It is an idea that my have a meaningful impact on another ing to work with individual Members wife and I, when I was Governor of person’s life. We know that. on their priorities. People came to- West Virginia, endorsed. We have a five My amendment with Senator SHA- gether to figure out where their com- promise program that we still support HEEN basically aims to counter this mon ground was, how to get this done, in West Virginia. trend by giving every school the flexi- and how to put the interest of their The five promises are simply these: bility to use their Federal funding on constituents, the American people— Every child when they are born into programs that promote volunteerism and in this case our kids and this world should have a loving, caring and community service. That is all. It grandkids—ahead of political consider- adult in their life, somebody who un- is optional. It is not mandatory. But if ations. conditionally loves them. Sometimes, one believes that is such an intricate I am really thrilled that I think we unfortunately, it is not always the bio- part of our responsibility as an educa- have reached that point on this really logical parents or the biological fam- tor, to make sure these young people important amendment. So I urge all of ily, but every child deserves to have have a chance to get into a food bank my colleagues to support this amend- unconditional love. or a food pantry or a homeless shelter ment. I hope it will have very broad Second, every child must have a safe or a senior citizen opportunity to help support. I want to say thanks to all of place where harm can’t enter their life, people in need, or a nursing home— the colleagues who helped to make this where they know they will be kept given that chance, they can use some happen. safe. Every child deserves that. of those resources they will have I yield the floor. Third, every child deserves a healthy through this updated bill we are about The PRESIDING OFFICER. The Sen- start. We know that nutrition is impor- to pass, which I think is historical and ator from West Virginia. tant and basically the ability to pro- much needed—this amendment will Mr. MANCHIN. Mr. President, first of vide good nutrition. Sometimes, be- allow them to do that. That is all we all, let me say to my colleague, Sen- cause of economic conditions, the op- have asked for. ator TOOMEY from Pennsylvania, that I portunity doesn’t always exist. That is I am very appreciative that both have enjoyed working with him on a responsibility we have as the greatest Chairman ALEXANDER and Ranking many ventures, if you will, but this is country on Earth, the superpower that Member MURRAY have accepted this. one that is particularly gratifying now we are. Every child should have a My amendment today is part of keep- that we have finally come to an agree- healthy start. ing General Powell’s fifth promise. I

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Sometimes people ference on this issue of heroin use and ALEXANDER for giving this very serious are able to get it from where they live, prescription drug use by our young consideration in the legislation. I hope the family they live with, the commu- people. It is growing. It is a huge prob- these amendments can be adopted on a nity around them. Sometimes people lem. The No. 1 cause of death now in bipartisan basis. see it and they know it is the right Ohio is overdose from these drugs. It is I yield the floor. thing to do. This is going to provide an no longer car accidents, as it has been The PRESIDING OFFICER. The Sen- opportunity in an educational setting in the past. We must focus on this ator from Montana. to find one’s lot in life, to be able to issue, and the most effective way, of AMENDMENT NO. 2110 TO AMENDMENT NO. 2089 give something back, to be able to course, is through prevention and edu- Mr. DAINES. Mr. President, I ask to grow into a loving, caring adult. That cation, which I strongly support, and it set aside the pending amendment in is what this is all about. is in the underlying bill. order to call up amendment No. 2110. So I believe very strongly in this What is not in the bill, though, is to The PRESIDING OFFICER. The amendment. I believe very strongly provide support services for our young amendment is set aside. that it is going to help the youth of people should they be struggling with The clerk will report. America to be able to be Americans addiction. This is incredibly important. The senior assistant legislative clerk and what is expected of us as Ameri- So the legislation I am offering along read as follows: cans—to help one another. with Senator WHITEHOUSE simply pro- The Senator from Montana [Mr. DAINES] I would say that an investment in vides recovery and support services for proposes an amendment numbered 2110 to community service pays off both for our young people who fall victim to the amendment No. 2089. our students and our communities. In dangers of drugs. We have a responsi- Mr. DAINES. Mr. President, I ask 2013, that 1 year, U.S. taxpayers in- bility to do this, in my view, again not unanimous consent that the reading of vested $1.7 billion in our national serv- just to focus, as the underlying legisla- the amendment be dispensed with. ice programs that we have to date. The tion does, on drug prevention and early The PRESIDING OFFICER. Without total social return on this investment intervention but also to focus on pro- objection, it is so ordered. is estimated to be $6.5 billion—almost a viding these important recovery serv- The amendment is as follows: 4-to-1 return in the value we receive ices to students in schools and commu- (Purpose: To allow a State to submit a dec- back as a society. I don’t think we can nities so they could overcome their ad- laration of intent to the Secretary of Edu- get a better return on an investment diction and achieve their God-given cation to combine certain funds to improve than having the youth of America abilities and again be productive mem- the academic achievement of students) being able to give something back and bers of society, which the Senator from After part B of title X, insert the fol- learn that fifth promise to be a caring, Pennsylvania and the Senator from lowing: loving adult and be able to carry this West Virginia were speaking about. I PART C—A PLUS ACT tradition on. encourage my colleagues to support SECTION 10301. SHORT TITLE; PURPOSE; DEFINI- With that, I appreciate very much this amendment. TIONS. (a) SHORT TITLE.—This part may be cited the chairman and the ranking member The second amendment I wish to speak about that I understand also as the ‘‘Academic Partnerships Lead Us to accepting this amendment. I think it Success Act’’ or the ‘‘A PLUS Act’’. will greatly help the school systems of may be offered later and included in a (b) PURPOSE.—The purposes of this part are America to be able to be involved in package—and I appreciate the chair- as follows: volunteerism, without social media but man and ranking member taking a (1) To give States and local communities truly hands on. So I think this is some- look at this—has to do with homeless added flexibility to determine how to im- thing we need. I am appreciative, and I youth. This is an amendment which ba- prove academic achievement and implement thank my colleagues. sically enables us to streamline the education reforms. (2) To reduce the administrative costs and With that, I yield the floor. current process, where it is very dif- ficult to establish that somebody is compliance burden of Federal education pro- The PRESIDING OFFICER. The Sen- grams in order to focus Federal resources on ator from Ohio. homeless. In fact, under our current improving academic achievement. Mr. PORTMAN. Mr. President, I law, one has to go through quite a (3) To ensure that States and communities thank my colleague from West Vir- process with HUD, the Department of are accountable to the public for advancing ginia. He was just speaking about a Housing and Urban Development. I am the academic achievement of all students, need for us to support our young peo- told there are sometimes up to maybe especially disadvantaged children. ple. In essence, what he was saying is 10 or 12 different documents one has to (c) DEFINITIONS.— they can use their God-given abilities go through. This streamlines the proc- (1) IN GENERAL.—Except as otherwise pro- vided, the terms used in this part have the to be able to give back, and that is ess and allows the counselors who are meanings given the terms in section 9101 of what the amendment I wish to speak to already in the schools to be able to the Elementary and Secondary Education is all about. make the determination to help get Act of 1965 (20 U.S.C. 7801 et seq.). I appreciate the fact that the chair- services to these kids. (2) OTHER TERMS.—In this part: man and ranking member have agreed Homeless youth in America is now at (A) ACCOUNTABILITY.—The term ‘‘account- to take a look at this amendment. In an alltime high. We are told that 1 in ability’’ means that public schools are an- fact, my understanding is that Senator 45 children is homeless each year. By swerable to parents and other taxpayers for the use of public funds and shall report stu- ALEXANDER is going to be offering this the way, that is 1.6 million children. So I hope this amendment, which is dent progress to parents and taxpayers regu- amendment later. This amendment has larly. to do with substance abuse. It has to do amendment No. 2087, to help homeless (B) DECLARATION OF INTENT.—The term with our young people. Unfortunately, youth will also be one we will be able ‘‘declaration of intent’’ means a decision by we are seeing a younger and younger to take up here on the floor. Senator a State, as determined by State Authorizing age of first use of drugs. We are seeing FEINSTEIN and I are offering it to- Officials or by referendum, to assume full also, unfortunately, more and more gether. It is one that is bipartisan, and management responsibility for the expendi- young people who struggle with addic- it is one that will help foster greater ture of Federal funds for certain eligible pro- tion. community collaboration between grams for the purpose of advancing, on a In the legislation and in the under- agencies and departments by stream- more comprehensive and effective basis, the educational policy of such State. lying law, there are provisions for pre- lining the process and allowing these (C) STATE.—The term ‘‘State’’ has the vention, and that is incredibly impor- counselors who are already in the meaning given such term in section 1122(e) of tant. If we can get our young people schools to get the training they need to the Elementary and Secondary Education not to go down this road, we can avoid be able to support these kids, to more Act of 1965 (20 U.S.C. 6332(e)).

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(D) STATE AUTHORIZING OFFICIALS.—The (1) IN GENERAL.—The Secretary shall re- SEC. 10304. ADMINISTRATIVE EXPENSES. term ‘‘State Authorizing Officials’’ means view the declaration of intent received from (a) IN GENERAL.—Except as provided in the State officials who shall authorize the the State Designated Officer not more than subsection (b), the amount that a State with submission of a declaration of intent, and 60 days after the date of receipt of such dec- a declaration of intent may expend for ad- any amendments thereto, on behalf of the laration, and shall recognize such declara- ministrative expenses shall be limited to 1 State. Such officials shall include not less tion of intent unless the declaration of in- percent of the aggregate amount of Federal than 2 of the following: tent fails to meet the requirements under funds made available to the State through (i) The governor of the State. subsection (c). the eligible programs included within the (ii) The highest elected education official (2) RECOGNITION BY OPERATION OF LAW.—If scope of such declaration of intent. of the State, if any. the Secretary fails to take action within the (b) STATES NOT CONSOLIDATING FUNDS (iii) The legislature of the State. time specified in paragraph (1), the declara- UNDER PARTAOFTITLE I.—If the declaration (E) STATE DESIGNATED OFFICER.—The term tion of intent, as submitted, shall be deemed of intent does not include within its scope ‘‘State Designated Officer’’ means the person to be approved. part A of title I of the Elementary and Sec- designated by the State Authorizing Officials (f) AMENDMENT TO DECLARATION OF IN- ondary Education Act of 1965 (20 U.S.C. 6311 to submit to the Secretary, on behalf of the TENT.— et seq.), the amount spent by the State on State, a declaration of intent, and any (1) IN GENERAL.—The State Authorizing Of- administrative expenses shall be limited to 3 amendments thereto, and to function as the ficials may direct the State Designated Offi- percent of the aggregate amount of Federal point-of-contact for the State for the Sec- cer to submit amendments to a declaration funds made available to the State pursuant retary and others relating to any respon- of intent that is in effect. Such amendments to such declaration of intent. sibilities arising under this part. shall be submitted to the Secretary and con- SEC. 10305. EQUITABLE PARTICIPATION OF PRI- SEC. 10302. DECLARATION OF INTENT. sidered by the Secretary in accordance with VATE SCHOOLS. (a) IN GENERAL.—Each State is authorized subsection (e). Each State consolidating and using funds to submit to the Secretary a declaration of (2) AMENDMENTS AUTHORIZED.—A declara- pursuant to a declaration of intent under intent permitting the State to receive Fed- tion of intent that is in effect may be amend- this part shall provide for the participation eral funds on a consolidated basis to manage ed to— of private school children and teachers in the the expenditure of such funds to advance the (A) expand the scope of such declaration of activities assisted under the declaration of educational policy of the State. intent to encompass additional eligible pro- intent in the same manner as participation (b) PROGRAMS ELIGIBLE FOR CONSOLIDATION grams; is provided to private school children and AND PERMISSIBLE USE OF FUNDS.— (B) reduce the scope of such declaration of teachers under section 9501 of the Elemen- (1) SCOPE.—A State may choose to include intent by excluding coverage of a Federal tary and Secondary Education Act of 1965 (20 within the scope of the State’s declaration of U.S.C. 7881). intent any program for which Congress program included in the original declaration makes funds available to the State if the of intent; Mr. DAINES. Mr. President, as a program is for a purpose described in the El- (C) modify the duration of such declaration fifth-generation Montanan, a product ementary and Education Secondary Act of of intent; or of Montana public schools, a husband 1965 (20 U.S.C. 6301). A State may not include (D) achieve such other modifications as the of an elementary school teacher, and any program funded pursuant to the Individ- State Authorizing Officials deem appro- priate. the father of four children, including uals with Disabilities Education Act (20 one of them who has a degree in ele- U.S.C. 1400 et seq.). (3) EFFECTIVE DATE.—The amendment shall specify an effective date. Such effective date mentary education, I understand how (2) USES OF FUNDS.—Funds made available important a first-rate education is to to a State pursuant to a declaration of in- shall provide adequate time to assure full tent under this part shall be used for any compliance with Federal program require- our kids’ future. educational purpose permitted by State law ments relating to an eligible program that As I meet with parents and educators of the State submitting a declaration of in- has been removed from the coverage of the across Montana, they frequently share tent. declaration of intent by the proposed amend- concerns about the one-size-fits-all stu- ment. (3) REMOVAL OF FISCAL AND ACCOUNTING dent performance and teacher quali- (4) TREATMENT OF PROGRAM FUNDS WITH- BARRIERS.—Each State educational agency fication metrics that currently dictate that operates under a declaration of intent DRAWN FROM DECLARATION OF INTENT.—Begin- ning on the effective date of an amendment Federal funding as part of No Child under this part shall modify or eliminate Left Behind. While well-intended, State fiscal and accounting barriers that executed under paragraph (2)(B), each pro- prevent local educational agencies and gram requirement of each program removed many of these metrics have proven dif- schools from easily consolidating funds from from the declaration of intent shall apply to ficult for schools in rural areas to other Federal, State, and local sources in the State’s use of funds made available under achieve. order to improve educational opportunities the program. As the Senate debates the Every and reduce unnecessary fiscal and account- SEC. 10303. TRANSPARENCY FOR RESULTS OF Child Achieves Act to reform our Na- ing requirements. PUBLIC EDUCATION. tion’s education policies, one of my pri- (c) CONTENTS OF DECLARATION.—Each dec- (a) IN GENERAL.—Each State operating orities will be fighting to increase local laration of intent shall contain— under a declaration of intent under this part control over academic standards and (1) a list of eligible programs that are sub- shall inform parents and the general public ject to the declaration of intent; education policies and working to push regarding the student achievement assess- back against burdensome Federal regu- (2) an assurance that the submission of the ment system, demonstrating student declaration of intent has been authorized by progress relative to the State’s determina- lations that often place our schools in the State Authorizing Officials, specifying tion of student proficiency, as described in a straitjacket. the identity of the State Designated Officer; paragraph (2), for the purpose of public ac- For example, the U.S. Department of (3) the duration of the declaration of in- countability to parents and taxpayers. Education has incentivized States to tent; (b) ACCOUNTABILITY SYSTEM.—The State adopt common core standards by offer- (4) an assurance that the State will use fis- shall determine and establish an account- ing exemptions from No Child Left Be- cal control and fund accounting procedures; ability system to ensure accountability (5) an assurance that the State will meet hind regulations and making extra under this part. the requirements of applicable Federal civil Federal education funds accessible rights laws in carrying out the declaration of (c) REPORT ON STUDENT PROGRESS.—Not through programs such as Race to the intent and in consolidating and using the later than 1 year after the effective date of Top to States that adopt common core. funds under the declaration of intent; the declaration of intent, and annually However, as are many Montanans, I am (6) an assurance that in implementing the thereafter, a State shall disseminate widely deeply concerned that the Federal Gov- declaration of intent the State will seek to to parents and the general public a report that describes student progress. The report ernment’s obvious efforts to back advance educational opportunities for the States into adopting such programs is disadvantaged; shall include— (7) a description of the plan for maintain- (1) student performance data disaggregated an inappropriate interference in edu- ing direct accountability to parents and in the same manner as data are cation policy decisions that should be other citizens of the State; and disaggregated under section 1111(b)(3)(A) of made by the States, should be made by (8) an assurance that in implementing the the Elementary and Secondary Education the parents, by the teachers, and local declaration of intent, the State will seek to Act of 1965 (20 U.S.C. 6311(b)(3)(A)); and school boards. use Federal funds to supplement, rather than (2) a description of how the State has used If we are serious about wanting to Federal funds to improve academic achieve- supplant, State education funding. make future generations as fortunate (d) DURATION.—The duration of the dec- ment, reduce achievement disparities be- laration of intent shall not exceed 5 years. tween various student groups, and improve as ours, it is critical that we prepare (e) REVIEW AND RECOGNITION BY THE SEC- educational opportunities for the disadvan- our children to excel in a globally com- RETARY.— taged. petitive economy. Our children should

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They did not give to the U.S. Department of Education a isn’t working. That is why I am intro- State and local policymakers the free- declaration of intent outlining their ducing the academic partnerships lead dom and flexibility to use education State-directed education reform initia- us to success amendment, or A-PLUS funding in a way that would best meet tives. In States that choose to opt out, for short. It is an amendment to the the needs of students and truly em- education officials will no longer have Every Child Achieves Act. I thank the power every child to succeed. No. In- to spend all of their time complying chairman and the ranking member, stead, they forced teachers, school with onerous one-size-fits-all Federal Senator ALEXANDER and Senator MUR- boards, and State officials to choose mandates. Instead, they will have the RAY, for allowing a vote on this amend- between the lesser of two evils—either, freedom and flexibility to listen and re- ment today. on one hand, abide by the Federal man- spond to the needs and recommenda- This measure will help expand local dates of No Child Left Behind or, on tions of parents, teachers, principals, control of our schools and return Fed- the other hand, accept the Federal and school boards. They will be able to eral education dollars where they be- mandates prescribed by common core make their education funds go further long—closer to classrooms. With A- and Race to the Top. by consolidating programs and funding PLUS, the States should be freed and The underlying bill we will vote on sources, and they will be able to im- will be freed from Washington unwork- next week makes the same mistake, prove the educational opportunities to able teacher standards. States would be and unless it is amended, we can expect disadvantaged children by designing free from Washington-knows-best per- it in turn to have the same dis- their State’s policies to be more re- formance metrics. States would be free appointing results. More kids will be sponsive and more targeted. from Washington’s failed test require- trapped in failing schools, their oppor- This amendment isn’t about States’ ments. States would be held account- tunities in life predetermined by their rights so much as it is about children’s able by parents and teachers because a parents’ ZIP Code rather than their rights, such as the right to a good edu- bright light would shine directly on the God-given talents and their own indi- cation. It would secure those rights by decisions made by State capitals and vidual desire to learn and succeed. empowering America’s teachers and local school districts. More teachers can be rewarded on the parents to pursue innovative policies, With freedom from Federal mandates basis of the number of years they have such as charter schools and school comes more responsibility, trans- been on the job rather than on the vouchers and pay-for-success initia- parency, and accountability from the basis of the number of kids they have tives that have proven to be successful States. It would empower our States, helped to graduate. And more parents in classrooms all around the country. our local schools, our teachers, and our will regrettably but understandably The bill the Senate will vote on next parents to work together to develop so- lose faith in the public education sys- week may be well-intentioned in its re- lutions that best fit the unique needs tem, knowing it is designed to serve authorization of the Elementary and of each child. The A-PLUS amendment the ideological whims of Federal politi- Secondary Education Act, but it goes a long way toward returning re- cians and Federal bureaucrats instead misdiagnoses the problem of the status sponsibility for our kids’ education of the educational needs of their chil- quo. Our education system needs to be closer to home and reduces the influ- dren. reformed, not in spite of excessive Fed- ence of the Federal Government over That is why I am here this morning eral control but because of it. The A- our classrooms. to offer my support and to encourage PLUS Act recognizes this fact, and it I thank Senators GRASSLEY, CRUZ, my colleagues to offer their support for takes critical steps to rebuild our edu- VITTER, JOHNSON, LEE, LANKFORD, an amendment to the proposed reau- cation policy around it. BLUNT, CRAPO, RUBIO, and GARDNER for thorization of the Elementary and Sec- I urge my colleagues to support the sponsoring my A-PLUS amendment, ondary Education Act, an amendment A-PLUS amendment. The success of and I ask my other Senate colleagues that would help us avoid the serious America’s children depends upon it. to join us in empowering our schools to mistakes of the past. I thank my friend and distinguished serve our students, not DC bureaucrats, The basic premise, the basic ani- colleague from Montana and yield my and support this important amend- mating principle behind the bill before time back to him. ment. the Senate, as it now stands, and the The PRESIDING OFFICER. The Sen- I see my colleague Senator LEE of basic premise, basic principle behind ator from Montana. Utah is here, and I yield my time for No Child Left Behind and common core Mr. DAINES. I thank the Senator his comments on this amendment. is that when it comes to running the from Utah for his remarks and his in- The PRESIDING OFFICER. The Sen- classroom, Washington bureaucrats sights to empower schools, parents, ator from Utah. and politicians know better than and States to have more control over Mr. LEE. I thank the Senator. America’s teachers, parents, and local their children’s future through edu- Mr. President, the work the Senate is school boards. The principle behind the cation. This measure will help expand engaged in this week is long overdue. A-PLUS amendment is essentially the local control of our schools. It will re- The last time the Elementary and Sec- opposite; that no one is in a better po- turn Federal education dollars to ondary Education Act was updated was sition to make decisions about a child’s where they belong; that is, close to the 14 years ago. Congress gave the coun- education than his or her parents, classrooms. try No Child Left Behind, a policy that guardians, teachers, counselors, and Just before I came down to the floor by all accounts has been a failure. That principals. If you believe in this prin- to speak, I was in my office with some is why in 2012 the Obama administra- ciple as I do—and as experience in- high school students from Montana tion began offering waivers to States, structs all of us to do—then you must from communities like St. Regis, Hob- allowing them to opt out of the coer- support the A-PLUS Act because it em- son, Missoula, Clyde Park, Stevens- cive and ineffective requirements that powers every child’s parents, guard- ville. They are the bright future of our No Child Left Behind imposed on ians, teachers, counselors, and prin- State. As I chatted with them about America’s school districts and class- cipals to make the greatest impact on this amendment, they, too, agreed that rooms. But State and local school their education and on their lives, and by shifting control back to the States, boards quickly learned, just as parents it would do so without eliminating any to the local school boards, to the par- and teachers did, these so-called waiv- Federal mandates—coercive and inef- ents, that individual and effective solu- ers didn’t solve the fundamental prob- fective though they may be—and would tions can be created to address the lems created by No Child Left Behind; simply give States the choice to opt multitude of unique challenges facing they further entrenched that problem. out of them, no strings attached. our schools and our students across the

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.014 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4912 CONGRESSIONAL RECORD — SENATE July 9, 2015 country. Through these laboratories of The PRESIDING OFFICER. The Sen- ‘‘(aa) information on the performance on democracy, Americans can watch and ator from Washington. the other academic indicator under sub- section (b)(3)(B)(ii)(II)(aa) used by the State learn how students can benefit when AMENDMENTS NOS. 2120, 2099, 2103, 2096, AND 2087 in the State accountability system; and innovative reforms are implemented at TO AMENDMENT NO. 2089 Mrs. MURRAY. Madam President, I ‘‘(bb) high school graduation rates, includ- the local level. ing 4-year adjusted cohort graduation rates I thank my colleagues, and I urge my ask to set aside the pending amend- and, at the State’s discretion, extended-year Senate colleagues to join us in empow- ment in order to call up the following adjusted cohort graduation rates. ering our schools to serve their stu- amendments en bloc as provided for ‘‘(II) The information described in sub- dents, not DC bureaucrats, and support under the previous order and ask that clause (I) shall be disaggregated by each of this important amendment. they be reported by number: Warren the categories of students, as defined in sub- I yield back. No. 2120, Brown No. 2099, Manchin No. section (b)(3)(A), and, within each such The PRESIDING OFFICER (Mrs. 2103, Kaine No. 2096, and Feinstein No. disaggregation category, cross-tabulated by— FISCHER). The Senator from Tennessee. 2087. The PRESIDING OFFICER. The ‘‘(aa) each major racial and ethnic group, AMENDMENTS NOS. 2147 AND 2121 TO AMENDMENT gender, English proficiency, and children NO. 2089 clerk will report the amendments by number. with or without disabilities; and Mr. ALEXANDER. Madam President, ‘‘(bb) any other category of students that I ask to set aside the pending amend- The legislative clerk read as follows: the State chooses to include. ment to call up the following amend- The Senator from Washington [Mrs. MUR- ‘‘(III) The disaggregation or cross-tabula- ments en bloc: Portman amendment RAY] proposes amendments en bloc numbered tion for a category described in subclause (II) 2120, 2099, 2103, 2096, and 2087 to amendment No. 2147 and Heller amendment No. shall not be required in a case in which the No. 2089. number of students in the category is insuffi- 2121. The amendments are as follows: The PRESIDING OFFICER. The cient to yield statistically reliable informa- AMENDMENT NO. 2120 tion or the results of such disaggregation or clerk will report. cross-tabulation would reveal personally (Purpose: To amend section 1111(d) of the El- The legislative clerk read as follows: identifiable information about an individual ementary and Secondary Education Act of The Senator from Tennessee [Mr. ALEX- 1965 regarding the cross-tabulation of stu- student. ANDER] proposes amendments en bloc num- dent data) On page 89, between lines 5 and 6, insert bered 2147 and 2121 to amendment No. 2089. On page 75, strike line 1 and all that fol- the following: Mr. ALEXANDER. Madam President, lows through line 4 on page 76 and insert the ‘‘(5) CROSS-TABULATION PROVISIONS.— I ask unanimous consent that the read- following: ‘‘(A) CROSS-TABULATION DATA NOT USED FOR ing of the amendments be dispensed ‘‘(iii) TECHNICAL ASSISTANCE.—Upon re- ACCOUNTABILITY.—Nothing in this subsection with. quest by a State or local educational agency, shall be construed to require groups of stu- The PRESIDING OFFICER. Without the Secretary shall provide technical assist- dents obtained by cross-tabulating data objection, it is so ordered. ance to States and local educational agen- under this subsection to be considered cat- The amendments are as follows: cies in collecting, cross-tabulating, or egories of students under subsection (b)(3)(A) disaggregating data in order to meet the re- for purposes of the State accountability sys- AMENDMENT NO. 2147 quirements of this paragraph. tem under subsection (b)(3) or section 1114. (Purpose: To promote recovery support ‘‘(C) MINIMUM REQUIREMENTS.—Each State ‘‘(B) CROSS-TABULATED DATA IMPLEMENTA- services for students) report card required under this subsection TION.—Information obtained by cross-tab- On page 422, line 22, insert ‘‘recovery sup- shall include the following information: ulating data under this subsection shall be port services,’’ after ‘‘referral,’’. ‘‘(i) A clear and concise description of the widely accessible to the public in accordance On page 439, line 16, insert ‘‘recovery sup- State’s accountability system under sub- with paragraph (1)(B)(i)(III) and, upon re- port services,’’ after ‘‘mentoring,’’. section (b)(3), including the goals for all stu- quest, by any additional public means that dents and for each of the categories of stu- the State determines. AMENDMENT NO. 2121 dents, as defined in subsection (b)(3)(A), the AMENDMENT NO. 2099 (Purpose: To ensure timely and meaningful indicators used in the accountability system consultation between State educational to evaluate school performance described in (Purpose: To amend part A of title IV of the agencies and Governors in the development subsection (b)(3)(B), and the weights of the Elementary and Secondary Education Act of State plans under titles I and II and sec- indicators used in the accountability system of 1965 to allow funds provided under such tion 9302) to evaluate school performance. part to be used for a site resource coordi- On page 800, between lines 17 and 18, insert ‘‘(ii) Information on student achievement nator) the following: on the academic assessments described in On page 447, between lines 16 and 17, insert SEC. 9115A. CONSULTATION WITH THE GOV- subsection (b)(2) at each level of achieve- the following: ERNOR. ment, as determined by the State under sub- ‘‘(X) designating a site resource coordi- Subpart 2 of part F of title IX (20 U.S.C. section (b)(1), for all students and nator at a school or local educational agency 7901 et seq.), as amended by sections 4001(3), disaggregated and cross-tabulated in accord- to provide a variety of services, such as— 9114, and 9115, and redesignated by section ance with the following: ‘‘(i) establishing partnerships within the 9106(1), is further amended by adding at the ‘‘(I) Such information shall be community to provide resources and support end the following: disaggregated by each category of students for schools; ‘‘SEC. 9540. CONSULTATION WITH THE GOV- described in subsection (b)(2)(B)(xi), home- ‘‘(ii) ensuring all service and community ERNOR. less status, and status as a child in foster partners are aligned with the academic ex- ‘‘(a) IN GENERAL.—A State educational care and, within each category of students pectations of a community school in order to agency shall consult in a timely and mean- described in subsection (b)(2)(B)(xi), cross- improve student success; and ingful manner with the Governor, or appro- tabulated by— ‘‘(iii) strengthening relationships between priate officials from the Governor’s office, in ‘‘(aa) each major racial and ethnic group, schools and communities; and the development of State plans under titles I gender, English proficiency, and children and II and section 9302. with or without disabilities; and AMENDMENT NO. 2103 ‘‘(b) TIMING.—The consultation described ‘‘(bb) any other category of students that (Purpose: To enable local educational agen- in subsection (a) shall include meetings of the State chooses to include. cies to use funds under part A of title IV of officials from the State educational agency ‘‘(II) The disaggregation or cross-tabula- the Elementary and Secondary Education and the Governor’s office and shall occur— tion for a category described in subclause (I) Act of 1965 for programs and activities that ‘‘(1) during the development of such plan; shall not be required in a case in which the promote volunteerism and community and number of students in the category is insuffi- service) ‘‘(2) prior to submission of the plan to the cient to yield statistically reliable informa- On page 444, strike line 2 and insert the fol- Secretary. tion or the results of such disaggregation or lowing: ‘‘(c) JOINT SIGNATURE AUTHORITY.—A Gov- cross-tabulation would reveal personally ernor shall have 30 days prior to the State identifiable information about an individual school; or educational agency submitting the State student. ‘‘(iii) promote volunteerism and commu- plan under title I or II or section 9302 to the ‘‘(iii) For all students and disaggregated by nity service;’’. Secretary to sign such plan. If the Governor each category of students described in sub- AMENDMENT NO. 2096 has not signed the plan within 30 days of de- section (b)(2)(B)(xi), the percentage of stu- livery by the State educational agency to dents assessed and not assessed. (Purpose: To add career and technical the Governor, the State educational agency ‘‘(iv)(I) For all students, and disaggregated education as a core academic subject) shall submit the plan to the Secretary with- and cross-tabulated in accordance with sub- On page 759, line 3, insert ‘‘career and tech- out such signature.’’. clauses (II) and (III)— nical education,’’ after ‘‘music,’’.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.017 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4913 AMENDMENT NO. 2087 ensuring academic achievement. Here Crapo Inhofe Rounds (Purpose: To provide for additional means of is what it does. States would be al- Cruz Isakson Sasse Daines Johnson Scott certifying children, youth, parents, and lowed to obtain Federal education Enzi Lankford Sessions families as homeless) funding in the form of block grants. Ernst Lee Shelby On page 813, line 8, insert before the semi- States would submit a declaration of Fischer McCain Sullivan Flake McConnell colon the following: ‘‘, and provide training intent to the Department of Education Thune on the definitions of terms related to home- Gardner Moran Tillis Graham Paul to consolidate Federal education pro- Toomey lessness specified in sections 103, 401, and 725 Grassley Perdue grams and funding and redirect sources Vitter to the personnel (including personnel of pre- Heller Risch Wicker school and early childhood education pro- toward State-directed education re- Hoeven Roberts grams provided through the local edu- form initiatives. What this does is NAYS—54 cational agency) and the liaison’’. allow State and local leaders to exer- On page 827, strike line 22 and insert the cise greater control over the use of Alexander Feinstein Murphy following: Baldwin Franken Murray Federal education funds to address the Bennet Gillibrand Nelson nator. needs of local students and target Blumenthal Hatch Peters ‘‘(E) CERTIFYING HOMELESS STATUS.—A scarce resources to areas of highest Booker Heinrich Portman local educational agency liaison or member need. Boxer Heitkamp Reed of the personnel of a local educational agen- Brown Hirono Reid cy who receives training described in sub- I ask my Senate colleagues to join Cantwell Kaine Sanders section (f)(6) may certify a child or youth me in empowering our schools to serve Capito Kirk Schatz who is participating in a program provided their students, not DC Democrats, and Cardin Klobuchar Schumer Carper Leahy Shaheen by the local educational agency, or a parent support this important amendment. Casey Manchin Stabenow or family of such a child or youth, who The PRESIDING OFFICER. The Sen- Cochran Markey Tester meets the eligibility requirements of this ator from Tennessee. Collins McCaskill Udall Act for a program or service authorized Coons Menendez Warner under title IV, as eligible for the program or Mr. ALEXANDER. Madam President, Corker Merkley Warren service.’’; and this amendment is well-intentioned, Donnelly Mikulski Whitehouse Durbin Murkowski Wyden Mrs. MURRAY. Madam President, I unnecessary, won’t pass, and under- suggest the absence of a quorum. mines the bipartisan agreement we NOT VOTING—2 The PRESIDING OFFICER. The reached to try to move in exactly the King Rubio clerk will call the roll. direction the Senator from Montana The PRESIDING OFFICER. Under The legislative clerk proceeded to suggested. In addition, the House of the previous order requiring 60 votes call the roll. Representatives rejected it last night. for the adoption of this amendment, Mr. WYDEN. Madam President, I ask I recommend instead that my friends the amendment is rejected. unanimous consent that the order for who want more local control of the The Senator from Tennessee. the quorum call be rescinded. schools vote for our bipartisan agree- AMENDMENT NO. 2120 The PRESIDING OFFICER. Without ment, which ends the common core Mr. ALEXANDER. Madam President, objection, it is so ordered. mandate, ends waivers in 42 States, re- if I could have the attention of Sen- The Senator from Oregon. verses the trend of national school ators, I ask unanimous consent that (The remarks of Mr. WYDEN per- boards, and which, in my opinion, the order relating to the Warren taining to the introduction of S. 1740 would be the biggest step toward re- amendment be vitiated and the amend- are printed in today’s RECORD under storing local control to public schools ment remain pending while Senator ‘‘Statements on Introduced Bills and in the last 25 years. MURRAY and I work with Senator WAR- Joint Resolutions.’’) I urge a ‘‘no’’ vote on a well-inten- REN on the language in the bill. Mr. WYDEN. Madam President, I tioned, unnecessary idea which won’t So we won’t be voting on the Warren suggest the absence of a quorum. become law and which might help un- amendment today, but it will remain The PRESIDING OFFICER. The dermine the bipartisan proposal that pending. That leaves votes on two clerk will call the roll. has a very good chance of becoming amendments: Senator BROWN’s amend- The legislative clerk proceeded to law. ment and Senator TOOMEY’s amend- call the roll. Madam President, I ask unanimous ment. Mr. ALEXANDER. Madam President, consent that the votes following the The PRESIDING OFFICER. Is there I ask unanimous consent that the order first vote in this series be 10 minutes in objection? for the quorum call be rescinded. length. Without objection, it is so ordered. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without AMENDMENT NO. 2099 objection, it is so ordered. objection, it is so ordered. The PRESIDING OFFICER. Under Mr. ALEXANDER. I suggest the ab- The question is on agreeing to the the previous order, there will be 2 min- sence of a quorum. amendment. utes of debate equally divided prior to The PRESIDING OFFICER. The Mr. ALEXANDER. I ask for the yeas a vote in relation to amendment No. clerk will call the roll. and nays. 2099, offered by the Senator from Wash- The legislative clerk proceeded to The PRESIDING OFFICER. Is there a ington, Mrs. MURRAY, for Mr. BROWN. The Senator from Washington. sufficient second? call the roll. Mrs. MURRAY. Madam President, I Mr. ALEXANDER. Madam President, There is a sufficient second. know Senator BROWN is on his way. I ask unanimous consent that the order The clerk will call the roll. But I just want to let Senators know for the quorum call be rescinded. The legislative clerk called the roll. that too often our Nation’s students The PRESIDING OFFICER. Without Mr. CORNYN. The following Senator show up to school hungry or lacking objection, it is so ordered. is necessarily absent: the Senator from adequate school supplies. Many of our AMENDMENT NO. 2110 Florida (Mr. RUBIO). teachers, as we know, are really strug- The PRESIDING OFFICER. Under Mr. DURBIN. I announce that the gling to provide students with an edu- the previous order, there will be 2 min- Senator from Maine (Mr. KING) is nec- cation, while they are also dealing with utes of debate prior to a vote in rela- essarily absent. the compounding problems brought on tion to amendment No. 2110, offered by The PRESIDING OFFICER. Are there by poverty. the Senator from Montana, Mr. any other Senators in the Chamber de- Site resource coordinators, which DAINES, which is subject to a 60-affirm- siring to vote? this amendment addresses, operate ative-vote threshold for adoption. The result was announced—yeas 44, through a community school model, The Senator from Montana. nays 54, as follows: are able to bolster the number of re- Mr. DAINES. Madam President, the [Rollcall Vote No. 226 Leg.] sources in schools, and increase the academic partnerships lead us to suc- YEAS—44 number of services offered to students cess amendment—also called A-PLUS— Ayotte Boozman Coats and their families. gives States greater flexibility in allo- Barrasso Burr Cornyn So what this amendment does is that cating Federal education funding and Blunt Cassidy Cotton it would further that goal by allowing

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.008 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4914 CONGRESSIONAL RECORD — SENATE July 9, 2015 title IV funds to be used for site coordi- 2094, as modified, offered by the Sen- Mr. MANCHIN. I ask for the yeas and nators. ator from Pennsylvania, Mr. TOOMEY. nays. I thank Senator BROWN for offering The Senator from Pennsylvania. The PRESIDING OFFICER. Is there a this amendment. Mr. TOOMEY. Madam President, this sufficient second? The PRESIDING OFFICER. The Sen- amendment is really very simple. It is There appears to be a sufficient sec- ator from Tennessee. designed to protect children from sex- ond. Mr. ALEXANDER. Madam President, ual predators. We know we have a prob- The clerk will call the roll. I remind Senators that this and the lem because every year we arrest hun- The bill clerk called the roll. next vote are 10-minute votes. dreds of school employees across the Mr. CORNYN. The following Senator The PRESIDING OFFICER. Who country for the sexual abuse of chil- is necessarily absent: the Senator from yields time? dren who are supposed to be in their Florida (Mr. RUBIO). Mr. ALEXANDER. I yield back the care. Mr. DURBIN. I announce that the time. This measure will help that problem Senator from Maine (Mr. KING) is nec- Mrs. MURRAY. I yield back the time. by a very simple requirement that essarily absent. The PRESIDING OFFICER. Is there States pass legislation to prohibit The PRESIDING OFFICER. Are there objection? knowingly recommending for hire a any other Senators in the Chamber de- Without objection, all time is yielded teacher who has abused children. This siring to vote? The result was announced—yeas 98, back. is common sense. The question occurs on agreeing to I am very grateful to my colleagues nays 0, as follows: the amendment. for helping us get here, especially Sen- [Rollcall Vote No. 228 Leg.] Mr. ALEXANDER. I ask for the yeas ator MANCHIN. He has been a great YEAS—98 and nays. partner in this effort for a long time Alexander Fischer Murray The PRESIDING OFFICER. Is there a now. I want to thank Senator ALEX- Ayotte Flake Nelson Baldwin Franken ANDER and Senator MURRAY for their Paul sufficient second? Barrasso Gardner Perdue There appears to be a sufficient sec- work in helping us find the common Bennet Gillibrand Peters ond. ground that could get to a great bipar- Blumenthal Graham Portman The clerk will call the roll. tisan solution for a real problem. Blunt Grassley Reed Booker Hatch Reid The senior assistant legislative clerk I yield to the Senator from West Vir- Boozman Heinrich ginia. Risch called the roll. Boxer Heitkamp Roberts Mr. CORNYN. The following Senator The PRESIDING OFFICER. The Sen- Brown Heller Rounds Burr Hirono ator from West Virginia. Sanders is necessarily absent: the Senator from Cantwell Hoeven Mr. MANCHIN. Madam President, I Sasse Florida (Mr. RUBIO). Capito Inhofe Schatz appreciate the hard work Senator Cardin Isakson Mr. DURBIN. I announce that the Schumer OOMEY Carper Johnson Senator from Maine (Mr. KING) is nec- T has put in. Our staffs have Scott worked together. I wish to thank Casey Kaine essarily absent. Cassidy Kirk Sessions The PRESIDING OFFICER. Are there Chairman ALEXANDER and Ranking Coats Klobuchar Shaheen Shelby any other Senators in the Chamber de- Member MURRAY for their hard work Cochran Lankford Collins Leahy Stabenow siring to vote? on this. This young man from West Sullivan Virginia, Jeremy Bell, was the victim Coons Lee The result was announced—yeas 98, Corker Manchin Tester nays 0, as follows: of a crime that was preventable if we Cornyn Markey Thune Cotton McCain Tillis [Rollcall Vote No. 227 Leg.] had known. We did not know. This per- son who basically was a predator was Crapo McCaskill Toomey YEAS—98 Cruz McConnell Udall passed down to West Virginia without Vitter Alexander Fischer Murray Daines Menendez West Virginia having any knowledge at Donnelly Merkley Warner Ayotte Flake Nelson Durbin Mikulski Warren Baldwin Franken Paul all. This will prevent this from hap- Enzi Moran Whitehouse Barrasso Gardner Perdue pening anywhere in the country. Ernst Murkowski Wicker Bennet Gillibrand Peters I urge all of my colleagues to please Feinstein Murphy Wyden Blumenthal Graham Portman support this piece of legislation. This Blunt Grassley Reed NOT VOTING—2 Booker Hatch amendment is most reasonable. It will Reid King Rubio Boozman Heinrich Risch protect your children. Boxer Heitkamp Roberts Mr. ALEXANDER. Madam President, The amendment (No. 2094), as modi- Brown Heller Rounds fied, was agreed to. Burr Hirono I ask for 30 seconds for Senator MUR- Sanders Cantwell Hoeven RAY and me to make a brief comment. AMENDMENT NO. 2147 Sasse Capito Inhofe Schatz The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under Cardin Isakson Schumer objection, it is so ordered. the previous order, there will be 2 min- Carper Johnson Scott Mr. ALEXANDER. I want to thank Casey Kaine utes of debate, equally divided, prior to Cassidy Kirk Sessions the Senator from Pennsylvania and the a vote in relation to amendment No. Coats Klobuchar Shaheen Senator from West Virginia for work- Shelby 2147, offered by the Senator from Ten- Cochran Lankford ing with Senator MURRAY and me and Collins Leahy Stabenow nessee, Mr. ALEXANDER, for Mr. Coons Lee Sullivan others to come to a conclusion on this. PORTMAN. Corker Manchin Tester They feel passionately about it. They The Senator from Washington. Cornyn Markey Thune have worked hard on it. They deserve Mrs. MURRAY. Madam President, I Tillis Cotton McCain credit for that. I am glad to be a co- ask unanimous consent that the Sen- Crapo McCaskill Toomey Cruz McConnell Udall sponsor of it, and I plan to vote for it. ator from Virginia be given 1 minute Daines Menendez Vitter The PRESIDING OFFICER. The Sen- and the Senator from California be Donnelly Merkley Warner ator from Washington. given 1 minute to speak prior to the Durbin Mikulski Warren Mrs. MURRAY. Madam President, I Enzi Moran Whitehouse five voice votes. Ernst Murkowski Wicker join with the chairman in thanking the The PRESIDING OFFICER. Is there Feinstein Murphy Wyden Senators from Pennsylvania and West objection? NOT VOTING—2 Virginia and for working with our Without objection, it is so ordered. staffs to create this new version. I The Senator from Virginia. King Rubio think this amendment gets at a real AMENDMENT NO. 2096 The amendment (No. 2099) was agreed problem by ensuring that suspected Mr. KAINE. Madam President, I rise to. abusers do not transfer to other States to speak on amendment No. 2096. AMENDMENT NO. 2094, AS MODIFIED and districts. It is a positive step. I CTE is a core academic subject. I The PRESIDING OFFICER. Under urge its adoption. grew up working in my dad’s iron- the previous order, there will be 2 min- The PRESIDING OFFICER. The working and welding shop. I ran a utes of debate equally divided prior to question is on agreeing to the amend- school that taught kids to be car- a vote in relation to amendment No. ment, as modified. penters and welders in Honduras many

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.022 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4915 years ago, and what I learned is that The amendment (No. 2096) was agreed ORDER OF PROCEDURE high-quality technical education is an to. Mr. MCCONNELL. I ask unanimous important part of the educational spec- VOTE ON AMENDMENT NO. 2121 consent that notwithstanding rule trum. We downgraded it for a number The PRESIDING OFFICER. The XXVIII, that the time until 1:45 p.m. of years, but there is a renaissance question is on agreeing to amendment today be divided between the managers now. No. 2121. or their designees and that at 1:45 p.m., What my amendment would do is it The amendment (No. 2121) was agreed all postcloture time be expired and would go into the current Federal law to. that the Senate vote on the motion to and specify that career and technical invoke cloture on the motion to insist VOTE ON AMENDMENT NO. 2087 education programs are core curricula. upon the Senate amendment, agree to The PRESIDING OFFICER. The Originally, English, math, and science the request by the House for a con- question is on agreeing to amendment were. This bill broadens what is a core ference, and authorize the Chair to ap- No. 2087. curriculum to include computer point conferees with respect to H.R. The amendment (No. 2087) was agreed science and foreign languages. This 1735; further, if the compound motion to. amendment would make plain that is agreed to, Senator REED of Rhode Is- high-quality career and technical edu- VOTE ON AMENDMENT NO. 2079 land or his designee be immediately cation is a core academic subject. The PRESIDING OFFICER. The recognized to offer a motion to instruct I wish to thank Senators AYOTTE, question is on agreeing to amendment the conferees; and that there be 2 min- MERKLEY, SCOTT, BALDWIN, and WAR- No. 2079. utes of debate equally divided on that NER as cosponsor. I also thank the The amendment (No. 2079) was agreed motion, and following the disposition chairman and ranking member for to. of that motion, the Senate resume con- bringing this bipartisan bill to the The PRESIDING OFFICER. The ma- sideration of S. 1177. floor. jority leader. The PRESIDING OFFICER. Is there This is commonsense and bipartisan. f objection? I hope it will pass. Without objection, it is so ordered. NATIONAL DEFENSE AUTHORIZA- The Senator from Louisiana. The PRESIDING OFFICER. The Sen- TION ACT FOR FISCAL YEAR 2016 ator from California. SANCTUARY CITIES C Mr. VITTER. Madam President, I rise AMENDMENT NO. 2087 Mr. M CONNELL. Madam President, I ask that the Chair lay before the Sen- to discuss the very significant issue of Mrs. FEINSTEIN. Madam President, sanctuary cities. I rise to speak on amendment No. 2087. ate the House message accompanying H.R. 1735. Obviously, we have all been startled It is pretty simple what this amend- and saddened by the horrific murder in ment would do, and I present it on be- The Presiding Officer laid before the Senate the following message from the San Francisco that is a direct result of half of Senator PORTMAN and myself. It House of Representatives: San Francisco’s sanctuary city policy. assures that homeless children have ac- As a result, I will be filing an amend- Resolved, That the House disagree to the cess to HUD housing. ment today on this bill to address sanc- Today, we have 1.3 million children amendment of the Senate to the bill (H.R. 1735) entitled ‘‘An Act to authorize appro- tuary city policy. homeless in this country. In my State, priations for fiscal year 2016 for military ac- This is not a new idea for me. It is we have 310,000. The problem is getting tivities of the Department of Defense, for not a new issue. I have had legislation a clear definition of an individual who military construction, and for defense activi- on this topic since 2009. I have tried to is homeless. This bill would allow the ties of the Department of Energy, to pre- get the attention of the U.S. Senate appropriate authorities in a school to scribe military personnel strengths for such and the attention of others on this certify that a youngster is homeless, so fiscal year, and for other purposes,’’ and ask topic numerous times since then. I we don’t have a conflict between the a conference with the Senate on the dis- have only been able to get one vote on HUD certification and the school cer- agreeing votes of the two Houses thereon. an appropriations bill. Unfortunately, tification. It is long overdue. I believe COMPOUND MOTION my amendment to try to end sanctuary it will be helpful. I am very hopeful Mr. MCCONNELL. I move to insist city policy around the country was ta- this amendment will pass with a very upon the Senate amendment, agree to bled, with every Democrat, sadly, vot- big vote. the request by the House for a con- ing to table the amendment, except my I thank the Chair, and I thank Sen- ference, and authorize the Presiding then-Democratic colleague Senator ator PORTMAN. Officer to appoint conferees. Mary Landrieu. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The mo- I hope the very tragic murder of ator from Washington. tion is pending. Kathryn Steinle in San Francisco—a Mrs. MURRAY. I yield back our re- CLOTURE MOTION wonderful 32-year-old woman—gets all maining debate time on the final Mr. MCCONNELL. I send a cloture of our attention and causes all of us to amendments. motion to the desk. focus on this very serious issue. As we The PRESIDING OFFICER. All The PRESIDING OFFICER. The clo- all know, her murderer was an illegal Democratic debate time is yielded ture motion having been presented alien who was deported five times pre- back. under rule XXII, the Chair directs the viously. As we all know, he was an ille- Mr. ALEXANDER. Madam President, clerk to read the motion. gal alien who was convicted of felonies I yield back all Republican time. The senior assistant legislative clerk seven times previously. As we all The PRESIDING OFFICER. All time read as follows: know, it is because of San Francisco’s sanctuary city law, defying Federal is yielded back. CLOTURE MOTION VOTE ON AMENDMENT NO. 2147 law, that caused local police officials We, the undersigned Senators, in accord- there not to cooperate with U.S. Immi- The question is on agreeing to ance with the provisions of rule XXII of the amendment No. 2147. Standing Rules of the Senate, do hereby gration and Customs Enforcement offi- The amendment (No. 2147) was agreed move to bring to a close debate on the mo- cials to hold this dangerous criminal to. tion to insist upon the Senate amendment, for further deportation proceedings. agree to the request by the House for a con- Obviously, there are a lot of things VOTE ON AMENDMENT NO. 2103 ference, and authorize the Presiding Officer wrong with our immigration system The PRESIDING OFFICER. The to appoint conferees with respect to H.R. that this case illustrates. The fact that question is on agreeing to amendment 1735. he could come back into the country so No. 2103. Mitch McConnell, John McCain, Richard many times, having been deported, is a The amendment (No. 2103) was agreed C. Shelby, Jeff Flake, John Barrasso, real red flag. But certainly this also to. John Cornyn, Mike Rounds, Jeff Ses- sions, Shelley Moore Capito, Lamar underscores the truly dangerous nature VOTE ON AMENDMENT NO. 2096 Alexander, Lindsey Graham, Joni of sanctuary cities policy. The PRESIDING OFFICER. The Ernst, John Hoeven, Roger F. Wicker, Unfortunately, San Francisco is not question is on agreeing to amendment Kelly Ayotte, Richard Burr, Thom alone in promoting this ridiculous pol- No. 2096. Tillis. icy. There are over 200 cities now that

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.025 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4916 CONGRESSIONAL RECORD — SENATE July 9, 2015 defy Federal law and provide this safe teeth in Federal law, which does not that. So we will have this enduring im- haven to illegal immigrants, including exist now. My amendment on this bill, balance between security spending in very dangerous illegal immigrants such which I will be filing today, would do the Department of Defense and non- as the murderer of Kathryn Steinle. that by putting real teeth into Federal security spending in non-Defense De- For years, leaders in this city have ar- law, which does not exist now. We need partment agencies and a full range of gued that providing such a sanctuary to take this up and we need to do some- governmental spending. Abusing OCO assists local law enforcement in doing thing to shut down over 200 sanctuary is completely contrary to the intent of their job. Really? Really? We are going cities around the country that are BCA. The BCA was designed to impose to look at this case in San Francisco clearly endangering the lives and well- proportionately equal cuts on defense and keep up those ridiculous argu- being of American citizens. and nondefense discretionary spending ments? Let’s get real. Let’s call these I urge all of my colleagues to come to force a bipartisan compromise. This policies to a halt. They are contrary to together to support this commonsense approach unilaterally reneges on that existing Federal law, but the problem policy. We need to act. The tragic bipartisan agreement. is we have never put teeth in that ex- events in San Francisco prove that we OCO and emergency funding are out- isting Federal law. It is absolutely need to act. side the budget caps for a reason. They time we did so. Six years and waiting on this com- are for the costs of ongoing military This horrible murder in San Fran- monsense proposal from me and others operations and to respond to other un- cisco isn’t the only one of its kind. is 6 years and waiting way too long. We foreseen events like natural disasters. Just last week, an 18-year-old girl and need to act now. I urge all of our col- To suddenly ignore the true purpose of her 4-year-old son were found shot and leagues to join me and others in doing OCO and treat it as a budgetary device burned in their car. Right now, the top so. or slush fund to skirt the BCA is an un- suspect is the woman’s boyfriend, an il- Thank you, Madam President. I yield acceptable use for this important tool legal immigrant who was deported in the floor. for our warfighters. 2014, who illegally reentered the coun- The PRESIDING OFFICER (Mrs. Just to highlight how this OCO gim- try. In my home State of Louisiana, we ERNST). The Senator from Rhode Is- mick skews defense spending, consider have identified serious felons who have land. the amount of OCO in relation to the Mr. REED. Madam President, as the been released from jail and are now number of deployed troops. Most Amer- Republican leader indicated pursuant free to roam in Louisiana. We know of icans have a very commonsense ap- to unanimous consent, I will shortly be these cases. proach. If we have lots of troops en- offering a motion to instruct conferees Now, I hope this recent incident in gaged in operations overseas in Af- on the fiscal year 2016 National Defense San Francisco does get some folks’ at- ghanistan, Iraq, and elsewhere, then we Authorization Act regarding the inap- tention. There is hopeful evidence need lots of OCO funding as well. In propriate use of overseas contingency about this. In a statement following 2008—the height of our nation’s troops operations funding in this bill. the shooting, Hillary Clinton said that in Iraq and Afghanistan, over 187,000 The motion to instruct I am offering any city should listen to the Depart- troops deployed—we spent approxi- today directs the NDAA conferees to ment of Homeland Security and fully mately $1 million in OCO per troop. ‘‘insist that the final conference report cooperate with their law enforcement Under this bill, we would spend ap- fully fund the President’s budget re- and deportation work. Even before the proximately $9 million in OCO for each quest for the Department of Defense, incident in a hearing before the House of our deployed troops in Iraq and Af- including $534.3 billion in base budget Oversight and Government Reform ghanistan. funding and $50.9 billion in Overseas Committee, the Director of Immigra- Simply put, this approach, which cir- tion and Customs Enforcement Sarah Contingency Operations or OCO budget funding, thereby supporting the bipar- cumvents the spirit of the law, is not Saldana described the adverse effects fiscally responsible or an honest ac- of sanctuary city policy. She said that tisan view that the funding caps im- posed by the Budget Control Act of 2011 counting nor is it consistent with the a significant factor affecting efforts to notion of why we created OCO in the deport illegal immigrants ‘‘has been should be eliminated or increased in proportionally equal amounts for the first place, to support troops overseas the increase in state and local jurisdic- engaged in overseas operations. tions that are limiting their partner- revised security and nonsecurity spend- There is another point. True national ship, or wholly refusing to cooperate ing categories.’’ security requires that non-DOD depart- with ICE immigration enforcement ef- This motion to instruct is consistent ments and agencies also receive relief forts. . . . [I]n certain circumstances with the President’s fiscal year 2016 from BCA caps. The Pentagon simply we believe such a lack of cooperation budget request for defense, which as- cannot meet the complex set of na- may increase the risk that dangerous sumed a resolution to the Budget Con- tional security challenges without the criminals are returned to the streets, trol Act, or BCA, dilemma that we help of other governmental depart- putting the public and our officers at have been trying to address. If this ments and agencies, including State, greater risk.’’ BCA situation is resolved, we can re- Well, yes, we saw the direct result of move the threat of sequestration on Justice, and Homeland Security. In the that dangerous, reckless sanctuary both the defense and domestic spend- Armed Services Committee, we heard city policy in San Francisco recently. ing. Unfortunately, the bill had to rely testimony on the essential role of Right now there are nearly 170,000 upon a budgetary—and it has been de- other government agencies in ensuring convicted criminal aliens who have scribed by many people—gimmick by our national defense remains strong. been ordered deported who remain at transferring $39 billion from the base The Department of Defense’s share of large in our country. The question for budget request for enduring military the burden would surely grow if these sanctuary cities is, Are they going to requirements to the OCO budget, leav- agencies are not funded adequately. continue to protect those people or are ing a base budget that is just below The BCA caps are based on a mis- they going to finally cooperate with BCA levels in order to avoid triggering nomer that discretionary spending is immigration enforcement officials to sequestration. neatly divided into security and non- do something about rounding up those In the absence of a resolution to the security spending. Let’s be clear, essen- people, not allowing them to roam on spending caps in the BCA, the adminis- tial national security functions are our streets? tration has stated that any legislation performed by governmental agencies We need to change our stance that al- that contributes to locking in massive other than the Department of Defense. lows sanctuary cities to get away with cuts to nondefense departments and As retired Marine Corps General Mattis being accessories to murder. Let me re- agencies—such as this one—will be sub- said, ‘‘If you don’t fund the State De- peat that. They are getting away with ject to a veto. partment fully, then I need to buy being accessories to murder, and we Now one of my concerns is, when we more ammunition.’’ need to put an end to that. use this device or gimmick this year, it With regard to the threat from the My legislation, first introduced in will pave the way to use it next year so-called Islamic State of Iraq and the 2009, would do that by putting real and the following year and year after Levant, or ISIL, Secretary of Defense

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.027 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4917 Carter told the Armed Services Com- Humanitarian support is critical. It ported by the National Institutes of mittee on Tuesday that ‘‘the State De- is even more critical as you look at the Health, health care for retirees and dis- partment, the Department of Home- papers and see there is a huge number abled individuals under Medicare, Med- land Security, other agencies that are of people coming out of Syria. Military icaid services for parents, including critical to protecting us against ISIL commanders will routinely tell you military parents and children with spe- and other threats, they need resources that the efforts of the State Depart- cial needs. All of these programs that too. And so that’s another reason why ment, USAID, the Office of Foreign benefit directly men and women in uni- I appeal for an overall budget perspec- Disaster Assistance is critical to our form and their families would be re- tive. . . . I really appeal for that, not campaign, none of which are considered stricted, and I don’t think that is why just for my own department, but for security activities under the Budget they are risking their lives, to see the rest of the national security estab- Control Act. these programs that are helpful to lishment, I think it’s critical.’’ Taken together, this proposal, which them unnecessarily cut back. According to a poll earlier this year, is embedded in the underlying legisla- Our national security is also inher- 83 percent of Americans think ISIL is tion, could compromise our broader ently tied to our economic security. the No. 1 threat to the United States. campaign against ISIL and deprive sig- The President underscored this point It is notable that of the administra- nificant elements of our government of on Monday when he said: tion’s nine lines of effort to counter the resources we need to do the job of The reason we have the best military in ISIL, only two, the security and intel- protecting the American people. the world is, first and foremost, because we ligence efforts, reside within the re- In another respect, adding funds to have got the best troops in history, but it’s sponsibilities of the Department of De- OCO does not solve and sometimes also because we’ve got a strong economy and fense and intelligence community. The complicates the DOD’s budgetary prob- we’ve got a well-educated population and lems. Defense budgeting needs to be we’ve got an incredible research operation remaining seven elements for our and universities that allow us to create new counter-ISIL strategy rely heavily on based on our long-term military strat- products that then can be translated into our our civilian departments and agencies. egy, which requires the DOD to focus military superiority around the world. We For example, supporting effective at least 5 years into the future. A 1- shortchange those, we’re going to be less governance in Iraq. We need our diplo- year plus-up to OCO does not provide secure. matic as well as political experts at the DOD with the certainty and stability it The NDAA has been accused of not State Department to engage with needs when building its 5-year budget. being a funding bill. So we don’t have Sunni, Shia, Kurd, and minority com- As General Dempsey, Chairman of the to worry about the budgetary com- munities in Iraq to promote reconcili- Joint Chiefs, testified, ‘‘We need to fix plications. But indeed we do. The stat- ation in Iraq and build political unity the base budget . . . we won’t have the ed purpose of the bill is to authorize among the Iraqi people. certainty we need’’ if there is a year- appropriations for fiscal year 2016 for Building partner capacity. The coali- by-year OCO fix. military activities for the Department tion is building the capabilities and ca- On Tuesday, Secretary of Defense of Defense. It is one of the few bills we pacity of our foreign partners in the re- Carter told the Armed Services Com- do every year to directly authorize ap- gion to wage a long-term campaign mittee, ‘‘It’s embarrassing that we can- propriations. So it is intimately tied to against ISIL, much of what is being not, in successive years now, pull our- the appropriations, to BCA, and to all carried out by the State Department selves together before an overall budg- of the issues I have talked about. and USAID. et approach that allows us to do what Indeed, we have said—and the com- Disrupting ISIL’s finances requires we need to do, which is . . . program in mittee has said repeatedly—that we the State Department and Treasury a multiyear manner, not in a one-year- are authorizing money. It is not just Department to work with their foreign at-a-time manner.’’ suggesting things to do but actually partners and the banking sector to en- Abuse of OCO in this massive way providing real money to the Depart- sure that our counter-ISIL sanctions risks undermining support for a crit- ment of Defense. If we do that, I think regime is implemented and enforced. ical mechanism used to fund the in- we have to do it in a way that does not Exposing ISIL’s true nature. Our creased costs of overseas conflicts. We use this OCO exception this year—and, strategic communications campaign have to have a disciplined system for unfortunately, in the years to come, if requires a truly whole-of-government estimating the cost and funding the we let it happen this year—but that we effort, including the State Department, employment of a trained and ready are transparent, clear, and we put the Voice of America, USAID, and others. force. money in the base budget and we move The Republican approach to funding The men and women of our military forward. our strategic communications strategy volunteer to protect and are overseas I think it is clearly within the scope is a part-of-government plan, not a fighting for American ideals, including of the conference. That is why I will be whole-of-government plan, unless we good education, economic opportunity, offering this motion to instruct. Every- recognize that we have to make adjust- and safe communities. Efforts to sup- one I talk to, on both sides of the aisle, ments in the BCA caps for every agen- port all of these goals will be hampered with very rare exception, will make an cy in the government. unless civilian departments and agen- individual strident pitch that we have Another aspect is disrupting the flow cies also receive relief from BCA caps. to fix BCA, that this is not the best ap- of foreign fighters. These foreign fight- Our young men and women who are proach. I heard that this morning when ers are the lifeblood of ISIL. Yet the sacrificing their lives overseas, not just we had General Dunford before the State Department and key components to defeat the enemy in the field but to committee—on both sides of the aisle: of the Department of Homeland Secu- give opportunity for hope and a chance These BCA caps are not the right way rity are facing severe cuts, under- here at home for their brothers and sis- to fund our national defense and not mining ongoing work with partner na- ters, for their aunts and uncles. Our the right way to fund other elements of tions to disrupt the flow of foreign servicemembers and their families rely government. fighters to Syria and Iraq and to pro- on many of the services provided by We can disagree on funding levels, tect our borders here at home. non-DOD departments, including vet- but there seems to be a strong con- The sixth line, protecting the home- erans employment services, transition sensus that the BCA is not working for land. The vast majority of the Depart- assistance, housing and homeless sup- the benefit of the American people and ment of Homeland Security falls under port provided by various civilian de- we have to fix it. Yet we are not fixing nonsecurity BCA caps. This further partments and agencies, impact aid to it in the legislation that is before us demonstrates that the Republican plan local school districts administered by nor are we doing things to help lever- is a misnomer, a gimmick, and an ef- the Department of Education, the age such a discussion and to help us to fort to play a game of smoke and mir- school lunch program provided by the come together to do what we all claim rors with the American people. They Department of Agriculture, lifesaving we want to do, which is to remove are very critical to our security here at medical research on issues such as those arbitrary caps, avoid sequestra- home. Yet they are in that ‘‘non- traumatic brain injury, post-traumatic tion, and contribute to a whole-govern- defense’’ part of the budget. stress, and suicide prevention, sup- ment approach—not just to national

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.029 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4918 CONGRESSIONAL RECORD — SENATE July 9, 2015 security but to economic prosperity, to the information technology, working cedures that are done by every business educational opportunity. All of that right you have to have the right equip- in America. But the Federal Govern- has to be done not by using these budg- ment. In fact, the government spent $80 ment has not complied with the nec- etary loopholes not designed for the billion last year on information tech- essary steps to achieve the right kind purpose they are being used for but by nology, including these software li- of management and oversight, and that sitting down and coming up with sen- censes. is costing the taxpayer up to $10 bil- sible legislation. Now, the Office of Management and lion. So today we add more to our ever- We did it before with the great work Budget and the 24 Federal agencies increasing amount of waste, fraud, and of Senator MURRAY and Congressman that are covered by the Chief Financial abuse that has been found within the PAUL RYAN, and we have to do it again. Officers Act of 1990 have very key roles Federal system, and we are moving to- So I will urge my colleagues to vote in and responsibilities for overseeing IT ward our goal of $100 billion. favor, obviously, when this comes up— investment management. Federal law There will be more ‘‘Wastes of the this motion to instruct—so we send the places responsibility for managing in- Week’’ in the future. We hope to reach right message to our conference. vestment with the heads of these agen- that $100 billion before we leave here I yield the floor. cies and establishes chief information for the August recess, with 3 more The PRESIDING OFFICER. The Sen- officers to advise and assist agency weeks before that happens. We are way ator from Indiana. heads in carrying out this responsi- ahead of schedule. We had hoped to Mr. COATS. May I ask, is the Senate bility. reach the $100 billion by the end of this in morning business? Now, there are two Executive orders Congress. But we have determined and The PRESIDING OFFICER. The Sen- that have been issued that provide in- found so many examples of waste, ate is on the message to accompany formation for these Federal agencies fraud, and abuse, that our gauge is H.R. 1735. regarding the management of how they climbing much faster than we thought Mr. COATS. Madam President, I ask go about procuring and managing these it would. Look, we have major fiscal problems unanimous consent to speak as in software licenses. Executive Order No. in this country. It is going to take morning business. 13103 specifies that agencies must major decisions relative to how we The PRESIDING OFFICER. Without adopt procedures to ensure that they objection, it is so ordered. structure how we spend taxpayers’ are not using this computer software in money. We have had numerous efforts WASTEFUL SPENDING violation of copyright laws. to deal with this in a macro way. All of Mr. COATS. Madam President, I Additionally, Executive Order No. those have come up short. While I was come down here every week, as the 13589 states that agencies must ensure engaged in all of that before, I have Presiding Officer knows. She is usually that they are not paying for unused or turned my attention to this: Let’s see in the chair when I am here, listening underutilized IT equipment, software, at least if we cannot find savings for to my ‘‘Waste of the Week’’. I am a lit- and services. the taxpayer in the areas of waste, tle bit later this week than I normally Now, the Government Accountability fraud, and abuse, and document it. am. But the issue of waste, fraud, and Office has conducted a study, an eval- I am pleased, as I said at the begin- abuse in the Federal Government con- uation of how well this is being man- ning of my remarks, that one of those tinues. We have covered a lot of ground aged and implemented. What they has just been implemented, saving the on serious issues such as tax fraud and found is that in many, many cases it is taxpayers $576 million and saving our misplaced death records, to the more not happening. Specifically, the Gov- colleges and universities and institu- absurd, such as the federally funded ernment Accountability Office found tions of higher education from a night- rabbit massages and marketing support that the Office of Management and mare of paperwork and compliance re- for pumpkin doughnuts. Each of those Budget and the vast majority of Fed- quirements that they will no longer has a pricetag. That pricetag is paid for eral agencies lacked adequate policies have to engage in. So we will continue. by the American taxpayer. for managing their software licenses. We will do serious issues. We will look I am happy today to be able to an- Of the 24 major Federal agencies that I at some absurd things that cause peo- nounce that one of the items which I mentioned before, only 2—only 2 out of ple to say: Why in the world would we highlighted in a previous ‘‘Waste of the 24—had comprehensive policies that in- ever spend that money in the first Week’’ speech has been addressed. In cluded the establishment of clear roles place? It is just not responsible leader- May, my 11th ‘‘Waste of the Week’’ and central oversight authority by ship and governing. speech examined ways to improve com- managing enterprise software license I suggest the absence of a quorum. pliance measures for higher education agreements. The PRESIDING OFFICER. The tax benefits. I outlined how Congress Only 2 out of 24 have lived up to their clerk will call the roll. can fix this problem to achieve $576 requirement to manage in the way that The legislative clerk proceeded to million in taxpayer savings. these executive orders have ordered. call the roll. So that is a former ‘‘Waste of the An additional 18 agencies had some Mr. COATS. Madam President, I ask Week’’. It is a great benefit to univer- type of policy in place, but the Govern- unanimous consent that the order for sities, colleges, and educational insti- ment Accountability Office determined the quorum call be rescinded. tutions across the country because pre- that this simply was not comprehen- The PRESIDING OFFICER. Without vious laws required them to provide in- sive enough and effective enough. Four objection, it is so ordered. formation even when those applying agencies were found to have no policy Mr. COATS. Madam President, I ask for the particular aid refused to pro- at all. They totally ignored the man- unanimous consent that the remaining vide certain information. It created a dates of the executive orders. time under the current order be divided nightmare of paperwork and a night- So these weaknesses in the system equally between both sides. The PRESIDING OFFICER. Without mare of compliance for those colleges result from principally a lack of pri- ority in establishing software license objection, it is so ordered. and universities. Mr. COATS. Madam President, I sug- So that provision that we brought management. Now, this is kind of a gest the absence of a quorum. forward was incorporated into law that technical thing. I certainly admit that The PRESIDING OFFICER. The has now been passed, signed by the I am not fully comprehensive in terms clerk will call the roll. President, and is operative. We not of how all of this IT stuff needs to The legislative clerk proceeded to only have saved the taxpayer $576 mil- work. But we hire people who are tal- call the roll. lion, but we have provided universities ented and have the skills necessary to Mr. MCCAIN. Madam President, I ask relief from an unnecessary procedure oversee this kind of management. Now, unanimous consent that the order for that consumed an extraordinary the key here is that the result of not the quorum call be rescinded. amount of time. effectively managing this has racked The PRESIDING OFFICER. Without Today I want to talk about software up a cost estimated at $10 billion over objection, it is so ordered. licenses. The Federal Government a 10-year period of time. Mr. MCCAIN. Madam President, I ask needs to purchase literally millions of So this is just complying with the ex- unanimous consent that the manda- these licenses. In order to get the IT, ecutive orders, complying with the pro- tory quorum call with respect to the

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.031 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4919 compound motion to go to conference CLOTURE MOTION Manchin Merkley Sanders Markey Paul Warren on H.R. 1735 be waived. We, the undersigned Senators, in accord- Menendez Reid Wyden The PRESIDING OFFICER. Without ance with the provisions of rule XXII of the objection, it is so ordered. Standing Rules of the Senate, do hereby NOT VOTING—4 Mr. MCCAIN. Madam President, in move to bring to a close debate on the mo- King Rubio just a few minutes, we are going to tion to insist upon the Senate amendment, Moran Sasse take a vote on a motion to instruct the agree to the request by the House for a con- The PRESIDING OFFICER. On this ference, and authorize the Presiding Officer conferees on the National Defense Au- vote, the yeas are 81, the nays are 15. to appoint conferees with respect to H.R. Three-fifths of the Senators duly cho- thorization Act that would then basi- 1735. cally—if these instructions were agreed Mitch McConnell, John McCain, Richard sen and sworn having voted in the af- to, would actually repeal the Budget C. Shelby, Jeff Flake, John Barrasso, firmative, the motion is agreed to. Control Act passed by the Senate. It John Cornyn, Mike Rounds, Jeff Ses- COMPOUND MOTION would be a direct repudiation of what— sions, Shelley Moore Capito, Lamar The question now occurs on agreeing after many hours of debate, some Alexander, Lindsey Graham, Joni to the motion to insist upon the Senate amendments that were passed by the Ernst, John Hoeven, Roger F. Wicker, amendment, agree to the request by Kelly Ayotte, Richard Burr, Thom the House for a conference, and author- Senate and would, on an authorization Tillis. bill, require budgetary and fiscal meas- ize the Chair to appoint conferees with ures which are totally inappropriate. The PRESIDING OFFICER. By unan- respect to H.R. 1735. Basically, the problem that my imous consent, the mandatory quorum The motion is not debatable. friends on the other side of the aisle call has been waived. The motion was agreed to. have is that they want equal reduc- The question is, Is it the sense of the The PRESIDING OFFICER. The Sen- tions. They want restoration of funding Senate that debate on the motion to ator from Rhode Island. for both nondefense and defense that is insist upon the Senate amendment, MOTION TO INSTRUCT CONFEREES forced by the Budget Control Act. agree to the request by the House for a Mr. REED. Mr. President, I have a This legislation that is before the conference, and authorize the Presiding motion to instruct conferees which is body, which is authorized according to Officer to appoint conferees with re- at the desk, and I ask for its consider- the Budget Control Act—and if the in- spect to H.R. 1735 shall be brought to a ation. structions to the conferees were en- close? The PRESIDING OFFICER. The acted, which is before the body now, The yeas and nays are mandatory clerk will report the motion. that somehow we would then be able to under the rule. The senior assistant legislative clerk repudiate the Budget Control Act The clerk will call the roll. read as follows: which was passed and we would also be The legislative clerk called the roll. The Senator from Rhode Island [Mr. REED] dealing with funding which has nothing Mr. CORNYN. The following Senators moves that the managers on the part of the are necessarily absent: the Senator Senate at the conference on the disagreeing to do with the authorization bill. votes of the two Houses on H.R. 1735 (the Na- So my friends on the other side of the from Kansas (Mr. MORAN), the Senator tional Defense Authorization Act for Fiscal aisle have a problem with OCO—the from Florida (Mr. RUBIO), and the Sen- Year 2016) be instructed to insist that the overseas contingency operations—but ator from Nebraska (Mr. SASSE). final conference report fully fund the Presi- they are trying to change it on an au- Further, if present and voting, the dent’s budget request for the Department of thorization bill. I wish my dear friends Senator from Nebraska (Mr. SASSE) Defense, including $534.3 billion in base budg- would look at the rules of the Senate. would have voted ‘‘yea.’’ et funding and $50.9 billion in Overseas Con- If they have a problem with funding, Mr. DURBIN. I announce that the tingency Operations budget funding, thereby supporting the bipartisan view that the fund- Senator from Maine (Mr. KING) is nec- that is what the appropriations bills ing caps imposed by the Budget Control Act are all about. essarily absent. of 2011 should be eliminated or increased in I urge my colleagues to reject what is I further announce that, if present proportionally equal amounts for the revised obviously an unworkable and unreal- and voting, the Senator from Maine security and non-security spending cat- istic approach to a problem that I (Mr. KING) would vote ‘‘yea.’’ egories. agree is a problem. Sequestration is The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. There is harming our ability to defend this Na- HOEVEN). Are there any other Senators 2 minutes of debate equally divided on tion. But in order to defend the Budget in the Chamber desiring to vote? the motion. Act—to change the budget that was The yeas and nays resulted—yeas 81, The Senator from Rhode Island. passed by a majority and now is part of nays 15, as follows: Mr. REED. Mr. President, this mo- what guided our appropriations bills— [Rollcall Vote No. 229 Leg.] tion represents what we have heard that is where their problems should lie. YEAS—81 from the Secretary of Defense and all I urge my colleagues to reject these of our uniformed leaders in the mili- Alexander Enzi Murphy instructions to the conferees which Ayotte Ernst Murray tary who are saying that we should would basically—I do not see a way Baldwin Feinstein Nelson budget appropriately, put long-term that we could possibly confer with the Barrasso Fischer Perdue defense needs in the base budget—$534 House after passing these kinds of in- Bennet Flake Peters Blumenthal Gardner Portman billion—and reserve OCO for what it structions. So I urge a ‘‘no’’ vote on Blunt Graham Reed was intended to be—overseas oper- Mr. REED’s motion to instruct the con- Boozman Grassley Risch ations. But because of the Budget Con- ferees concerning H.R. 1735. Basically, Boxer Hatch Roberts trol Act, we are using OCO as the de- Burr Heinrich Rounds we would have to take approximately Cantwell Heitkamp Schatz vice to avoid real budgeting and giving $38 billion worth of authorization out Capito Heller Schumer the Department of Defense the real of the authorization bill. So I urge a Cardin Hirono Scott long-term resources it needs. ‘‘no’’ vote. Carper Hoeven Sessions Casey Inhofe Shaheen Not only does this represent what the And I say to my friend and colleague, Cassidy Isakson Shelby Department of Defense desires, but it the Senator from Rhode Island, whom I Coats Johnson Stabenow also represents what we need to defend respect and admire and whose friend- Cochran Kaine Sullivan the American people. We need more Collins Kirk Tester ship I value, on this issue we simply Coons Klobuchar Thune than just the Department of Defense. disagree. Corker Lankford Tillis We need Homeland Security. We need Madam President, I yield the floor. Cornyn Lee Toomey the State Department. We need Treas- The PRESIDING OFFICER. All time Cotton McCain Udall Crapo McCaskill Vitter ury. We need everyone to defend this has expired. Daines McConnell Warner country. CLOTURE MOTION Donnelly Mikulski Whitehouse This approach would begin the dis- Pursuant to rule XXII, the Chair lays Durbin Murkowski Wicker cussion and debate, I hope, to get relief before the Senate the pending cloture NAYS—15 from the BCA to move forward and to motion, which the clerk will state. Booker Cruz Gillibrand deal with the threats facing this coun- The legislative clerk read as follows: Brown Franken Leahy try in a rational, logical way.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.033 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4920 CONGRESSIONAL RECORD — SENATE July 9, 2015 The PRESIDING OFFICER. The Sen- Isakson Perdue Shelby we can provide. That is why Senator Johnson Portman Sullivan ator from Wyoming. HOEVEN and I are working to increase Kirk Risch Thune Mr. ENZI. Mr. President, I would ask Lankford Roberts Tillis the emphasis on STEM education. my colleagues to oppose this motion. Lee Rounds Toomey The Klobuchar-Hoeven amendment, We have had this discussion a number McCain Sanders Vitter modeled after our Innovate America McConnell Sasse Wicker of times. This defeats the budget, and Murkowski Scott Act, will expand STEM opportunities this isn’t the appropriate place to re- Paul Sessions for more students by allowing school districts to use existing Federal STEM hash this or to try to do something dif- NOT VOTING—4 ferent. Everything we have been work- funding to create STEM specialty Crapo Moran ing on has been based on this principle. King Rubio schools or to enhance existing STEM Incidentally, those budget caps were programs within the schools. Our pro- The motion was rejected. signed by the President of the United vision will also ensure that the Depart- The Presiding Officer appointed Mr. States and said this was an allowable ment of Education is aligning STEM MCCAIN, Mr. INHOFE, Mr. SESSIONS, Mr. use without breaking the caps and programs and resources with the needs WICKER, Ms. AYOTTE, Mrs. FISCHER, Mr. causing sequester. of school districts and teachers. I un- COTTON, Mr. ROUNDS, Mr. GRAHAM, Mr. So we can fund defense, and defense derstand that it is in the managers’ REED, Mr. NELSON, Mr. MANCHIN, Mrs. needs to be defended and funded, and it package, and I thank the two leaders GILLIBRAND, Mr. DONNELLY, Ms. will be under the principles that we for that. HIRONO, and Mr. KAINE conferees on the have right now, and we can work on The second amendment is the im- part of the Senate. other methods as we work on this and proving teacher and principal reten- other budgets. So I ask that we vote f tion. The Every Child Achieves Act in- against this and not put this extra bur- EVERY CHILD ACHIEVES ACT OF cludes important reforms to improve den on the committee that doesn’t 2015—Continued the quality of education for students in really have the jurisdiction to do all Indian Country. One challenge that The PRESIDING OFFICER. The Sen- that is being requested in this motion. schools serving Native Americans con- ator from Minnesota. We voted it down before. Let’s vote it tinue to confront is the high rate of Ms. KLOBUCHAR. Mr. President, I down again. teacher and principal turnover and the rise today to talk about the important The PRESIDING OFFICER. The instability it causes. Turnover hurts bill before us today, the Every Child school districts with the added cost of question is on agreeing to the motion Achieves Act, which reauthorizes the to instruct conferees. rehiring and retraining, and it hurts Elementary and Secondary Education kids as teachers come and go. Mr. CARDIN. I ask for the yeas and Act and fixes No Child Left Behind. nays. One way to decrease teacher and I also rise today to talk about the re- principal turnover is to boost the pro- The PRESIDING OFFICER. Is there a authorization of the Export-Import fessional development these teachers sufficient second? Bank, which is also a very important receive. Inadequate professional devel- There is a sufficient second. matter for our country. opment and the lack of ongoing sup- The clerk will call the roll. I thank Senators ALEXANDER and port are some of the key reasons why The senior assistant legislative clerk MURRAY for their great leadership in some of our best teachers are leaving. called the roll. crafting a bipartisan bill that makes That is why Senator MURKOWSKI of Mr. CORNYN. The following Senators critical updates to No Child Left Be- Alaska and I have been pushing a pro- are necessarily absent: the Senator hind that will help ensure that all stu- vision to improve teacher and principal from Idaho (Mr. CRAPO), the Senator dents receive a quality education. They retention in schools serving American from Kansas (Mr. MORAN), and the Sen- worked together from the very begin- Indian and Alaska Native students. ator from Florida (Mr. RUBIO). ning on this important bill, and I think Specifically, our amendment adds men- Mr. DURBIN. I announce that the the results show how important it is. toring and teacher support programs, Senator from Maine (Mr. KING) is nec- I come to the floor to talk about including instructional support from essarily absent. three amendments in this bill. The Pre- tribal elders and cultural experts, to I further announce that, if present siding Officer is a cosponsor on one of improve the professional development and voting, the Senator from Maine the amendments, which is about STEM that teachers and principals in Indian (Mr. KING) would vote ‘‘yea.’’ education. I think we all know that in schools receive. This is also in the The PRESIDING OFFICER. Are there today’s global economy, education is managers’ package, and we appreciate any other Senators in the Chamber de- key to our economic prosperity. The that. siring to vote? Senator from North Dakota under- The next amendment deals with The result was announced—yeas 44, stands that because our two States, chronic absenteeism. We know stu- nays 52, as follows: North Dakota and Minnesota, have dents can’t learn if they are not in [Rollcall Vote No. 230 Leg.] some of the lowest unemployment school. When I was a prosecutor in YEAS—44 rates in the country. We have exciting Hennepin County, I developed a major economies with technological jobs to Baldwin Gillibrand Nelson truancy initiative to keep kids in Bennet Heinrich Peters fill. We are two States that make and school and out of the courtroom. My Blumenthal Heitkamp Reed invent products which we then export office worked closely with local schools Booker Hirono Reid to the world. To keep doing that, on a faster, more effective response to Boxer Kaine Schatz America’s next generation of truancy problems. That is why my pro- Brown Klobuchar Schumer Cantwell Leahy Shaheen innovators will have to be highly vision in the Every Child Achieves Acts Cardin Manchin Stabenow trained and highly skilled. We cer- will provide professional development Carper Markey Tester tainly see this in my State. According Casey McCaskill and training to schools to help ensure Udall Coons Menendez to the Minnesota High Tech Associa- that teachers, principals, and other Warner Donnelly Merkley tion, Minnesota will be home to nearly Warren school leaders have the knowledge and Durbin Mikulski 200,000 technology jobs in the next dec- skills necessary to address issues re- Feinstein Murphy Whitehouse Franken Murray Wyden ade. Part of this is getting young peo- lated to chronic absenteeism. ple engaged at an early age. Truancy is sometimes called the kin- NAYS—52 Today’s high school students aren’t dergarten of crime because it is truly Alexander Cochran Fischer just competing against students in Mil- an early risk factor. I still remember Ayotte Collins Flake Barrasso Corker Gardner waukee and Miami, they are competing looking at the files of serious juvenile Blunt Cornyn Graham against students in Munich and offenders—ones who committed homi- Boozman Cotton Grassley Mumbai. If America is going to keep cide and the like—and I realized the Burr Cruz Hatch its spot atop the world’s high-tech hi- first indication that there was a real Capito Daines Heller Cassidy Enzi Hoeven erarchy, students in our country must problem was truancy. It doesn’t just Coats Ernst Inhofe receive the best training and education hit in high school; it actually usually

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.038 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4921 hits in sixth and seventh grade. The lapse and not reauthorizing it are the this global market. We do it with edu- more we can do to put a focus on this, small businesses. cation, thanks to the good work of the better off we will be not only for In my State, 170 businesses used the Senator ALEXANDER and Senator MUR- public safety but, of course, for the services of Ex-Im in the last five years. RAY, but we also do it by making sure kids’ lives. They don’t have an expert on that our businesses have the financing I again thank Senator MURRAY and Kazakhstan. They don’t have a bank tools they need to succeed. Senator ALEXANDER for their tremen- down the street in a small town of 3,000 I urge my colleagues to support the dous work on this bill. people that is able to explain to them Ex-Im Bank and reauthorize this crit- EXPORT-IMPORT BANK how to get that kind of financing. They ical agency as soon as possible. Mr. President, the other issue, which rely on the expertise of Ex-Im and, Thank you, Mr. President. I yield the is somewhat related, as we look at pre- most importantly, they rely on the floor. paring kids for the current economy credit of Ex-Im. The PRESIDING OFFICER. The Sen- and the century we are in, is about Look at this: Balzar, in Mountain ator from Tennessee. jobs. It is about moving our economy Lake, MN, population of 2,000. As the Mr. ALEXANDER. Mr. President, I along. Part of that is making sure we Presiding Officer knows, we don’t have thank the Senator from Minnesota for can compete globally not only with many mountains in Minnesota, but we her contributions to the legislation we education efforts, which is what we are have a lot of lakes. So we call it Moun- are working on. She has been very fo- doing this week, but also with financ- tain Lake. This is a small business—74 cused on STEM education and has ing. people in a town of 2,000—that has re- found creative ways to encourage that, There are over eighty export-import- lied on Ex-Im in the past decade to and I thank her for it. type banks in developed nations. Chi- help export its products. Their exports We are hoping within a few minutes na’s bank currently funds things at have grown to about 15 percent of their to be able to agree by consent to a few nearly four times the amount that the total sales. They export from Canada bills and call up a few others. So what Unites States does. Yet we are seri- to Kazakhstan, from Japan to Aus- I would say to the Senator from Arkan- ously now allowing the Export-Import tralia. They are exporting to South Af- sas, through the Chair, is if he wouldn’t Bank to lapse, and I strongly support rica. mind going ahead with his remarks reauthorizing the Bank. Ralco, a small animal feed manufac- and, perhaps, if we are able to, I may I want to thank all of those involved, turer in Marshall, is a third-generation ask him to yield for 60 seconds and including Senators CANTWELL, KIRK, family business with distribution to allow us to do that and proceed with a HEITKAMP, and GRAHAM, for their over 20 countries around the world. unanimous consent request. But I don’t strong and impassioned leadership on Superior Industries in Morris, MN, is want to delay the Senator any further this issue. I also wish to thank all of a manufacturer of bulk material proc- with moving ahead with his remarks. my colleagues who have spoken about essing and handling systems. There are The PRESIDING OFFICER. The Sen- the importance of this Bank. 5,000 people in the town, and 500 people ator from Arkansas. Yesterday, a few of us met with the in Morris are employed at this com- SANCTUARY CITIES President and senior White House offi- pany. That would be 10 percent of the Mr. COTTON. Mr. President, there cials to discuss the importance of reau- town. Thanks to the Ex-Im Bank, they are certain policies that should not be thorizing the Export-Import Bank. are able to export to Canada, Aus- controversial. It should not be con- America needs to be, as I said, a coun- tralia, Russia, Argentina, Chile, Uru- troversial to expect that the laws of try that thinks, that invents, that guay, and Brazil. this Nation be enforced—equally, fair- builds things, and that exports to na- We know this is necessary for small ly, and fully. It should not be con- tions. That means the bill we are work- businesses. We know this is important troversial to expect local city govern- ing on this week, but it also means the for our country to be on an even play- ments to refrain from actively frus- financing so those businesses can keep ing field. We don’t want China to eat trating the enforcement of Federal law. going. our lunch, but if we continue along this It should not be controversial to say We had a vote here, as we all know, way and become the only developed Na- that an illegal immigrant and repeat and 65 Senators supported reauthor- tion that doesn’t have financing au- felon who has been deported multiple izing the Ex-Im Bank, and in the thority such as this, we will let them times should not be set free to again House, 60 Republicans are cosponsoring eat our lunch. threaten law-abiding Americans, much a bill to do the same. We should get it At the end of last month when the less be in possession of a weapon. done. We know that when 95 percent of Ex-Im Bank expired, there were nearly But in our current debate about im- the world’s customers live outside of 200 transactions totaling nearly $9 bil- migration, these ideas are indeed con- our borders, there is literally a world lion in financing pending, and many troversial when, in fact, they should be of opportunity out there for U.S. busi- businesses—90 percent of which are matters of simple common sense. nesses. We all know that isn’t just small businesses—are no longer able to I acknowledge that reasonable people about Mexico and Canada. It is about use their export credit and insurance can and do differ on issues such as bor- the rest of the world, including Asia to its full extent. I have already talked der security and enforcement and the and the emerging economies in Africa. to businesses that literally have been status of illegal immigrants present in We can just go all over the world to see told: When we were trying to make a our Nation. But we should not disagree opportunities. deal, our competitors on the other side about the importance of the rule of law In my own State of Minnesota, the that were trying to make the next deal and the need to protect the safety of Ex-Im Bank has supported $2 billion in said: They are not going to get financ- the American people. That is why I exports and helped over 170 companies ing. That country let their Ex-Im Bank have introduced an amendment that in the last 5 years alone. Every single expire. Go to a business from this coun- will withhold Federal immigration and year, as the Presiding Officer knows, I try. Take our business because you law enforcement funds from any State have been to all 87 counties in Min- know we have steady financing. or city that declares itself a sanctuary nesota so I am able to see firsthand This cannot continue. for illegal immigrants. If a city directs these businesses. I may not be going This is why this is a major priority of its law enforcement officers to frus- there to talk about Ex-Im. I have rare- the U.S. Chamber of Commerce, a trate Federal immigration law, it ly done that, although we have had a major priority for small business orga- should not expect U.S. taxpayers to un- few Ex-Im events. I am so surprised nizations around the country, and a derwrite that effort. when I go to businesses and they say: major priority, most importantly, for Last week, a young woman, Kate We have actually grown our exports to the workers that work at these compa- Steinle, was murdered on a San Fran- 15 percent or it is now 20 percent of our nies. cisco pier popular with tourists while business, and we went to Ex-Im and got It is critical to move forward. We walking with her father. It was appar- financing, and we went to the Foreign must reauthorize the Export-Import ently a random crime, one committed Commercial Service and got help. What Bank and make sure our exporters are by an illegal immigrant—Juan Fran- we are really hurting by letting this competing on a level playing field in cisco Lopez-Sanchez—with a long rap

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.044 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4922 CONGRESSIONAL RECORD — SENATE July 9, 2015 sheet. Lopez-Sanchez was in the United 300,000 students. It’s the Nation’s fifth dents—including those with disabil- States despite having been deported largest district—where two-thirds of ities, or those not proficient in five times previously, and he should the students are minorities, and one- English—are making progress. We also have been deported a sixth time. Ear- in-five students is an English-language have seen real gains in student lier this year, Lopez-Sanchez was in learner. achievement. Our Nation’s high school custody of Federal immigration au- For the past decade, Clark County graduation rate is the highest it has thorities after he finished a Federal School District has been one of the ever been and the achievement gap be- prison sentence, and was awaiting de- fastest growing districts in the Nation. tween minority students and white stu- portation after being designated an In some years, Clark County was open- dents is narrowing. ‘‘enforcement priority.’’ Federal au- ing a new school every month to keep This bipartisan bill does build off thorities handed him over to San Fran- up with the growth. some of these successes and addresses cisco first so he could face outstanding But northwest of Las Vegas and many of the flaws in current law. It drug charges and requested that they Clark County is another one of our 17 maintains annual testing require- be notified if San Francisco planned to districts—vast, rural Esmeralda Coun- ments, but includes provisions to con- release him. ty. Esmeralda County School District solidate tests—helping reduce the num- San Francisco did in fact release him is huge, in terms of land. It covers al- ber of tests and amount of time stu- in April after dropping charges, but it most 3,600 square miles, but has just dents spend taking tests. It continues never notified anyone. The city’s gov- four schools and about 80 students. And to require student achievement to be ernment simply allowed Lopez-Sanchez Esmeralda County is not unique in Ne- reported by groups of children, includ- to walk free. This is because San Fran- vada. There are other rural school dis- ing by income, race, English-language cisco has proudly deemed itself a sanc- tricts in the State with schools that proficiency, and for students with dis- tuary city. It has passed city ordi- still have one teacher instructing mul- abilities. It makes early childhood edu- nances barring its officers from assist- tiple grades—much like the school I at- cation a priority, with a new grant to ing the enforcement of immigration tended as a boy. improve early childhood education ac- law, freeing itself of the most basic re- This diversity of Nevada’s school dis- cess and quality for low- and moderate- sponsibility to cooperate with Federal tricts makes the State a microcosm of income families. It makes important immigration authorities to keep dan- our Nation. So I understand the issues changes to a grant program to help our gerous criminals off the streets and out that overcrowded, urban schools face; lowest-performing schools. Most nota- of the country. Indeed, Lopez-Sanchez and I understand the challenges that bly, this bipartisan agreement also has admitted that he goes to San Fran- rural schools must confront. More im- does not include many of the proposals cisco because it is a sanctuary city. portantly, I understand that in order to included in earlier draft bills that This is an outrage to anyone who re- improve education at every school in would dilute the effectiveness of title I spects law and order. One might think America, we need a comprehensive ap- dollars or allow States to reduce their that it would draw a strong reaction proach. support for education. from the Obama administration. The The reauthorization of the Elemen- This bill is an important first step in administration, after all, has unequivo- tary and Secondary Education Act that strengthening our Nation’s schools and cally declared that the Constitution is before the Senate is a step in the ensuring that our children have a and our laws do ‘‘not permit the States right direction. This reauthorization world class education. And it is a true to adopt their own immigration pro- has been a long time coming. compromise—with both sides making grams and policies, or to set them- Congress last reauthorized ESEA concessions to move forward. selves up as rival decisionmakers based with passage of the No Child Left Be- We all agreed that improvements on disagreement with the focus and hind Act in 2001. That expired in 2007. needed to be made to our country’s scope of Federal enforcement.’’ That is Despite serious efforts to pass a reau- education laws. Although Democrats a direct quote from the administra- thorization in 2011 and 2013 under and Republicans have vastly different tion’s legal brief to the Supreme Court former Senator Tom Harkin’s leader- approaches, through compromise, Sen- arguing against an Arizona law de- ship, we were not able to overcome real ators MURRAY and ALEXANDER were signed to help Federal officers enforce policy disagreements on the best way able to craft a balanced bill. immigration laws. One would think the forward. But thanks to the hard and That is not to say that this bill is administration would be at least as determined work of the chairman and perfect. We still have work to do. I tough on sanctuary city laws that ranking member of the Senate HELP know that many Senators will have openly flout Federal immigration poli- Committee, we are able to begin work ideas for improving this legislation. I, cies and endanger law-abiding citizens. on the bipartisan Every Child Achieves for one, think we can do more to en- Yet the administration has enabled— Act. sure that our lowest-performing even encouraged—these sanctuary cit- I know it was not easy for the senior schools make progress, or that we can ies for years. Senator from Washington or the senior do more to address schools with per- Americans have a right to expect Senator from Tennessee. I appreciate sistently low graduation rates. I be- that governments at the local, State, their efforts. Because of their work, al- lieve we can do more to expand early and national level will carry out their most 14 years after the last reauthor- learning opportunities and to do more most basic duty to enforce the law and ization, and 8 years after it expired, we to protect students from bullying. I protect public safety. We should all be finally have a bipartisan bill to will also strongly oppose efforts to able to agree that a family enjoying a strengthen our Nation’s schools. weaken public schools through voucher public space such as San Francisco’s I have many concerns with current programs. piers should not have to fear being shot Federal education law. It has caused I look forward to a substantive de- dead. We should all be able to agree schools to spend too much time testing bate on this important bill. After all, that criminals who should be deported and preparing for tests. It has led many helping to ensure that every American under our laws should not be set free schools and districts to reduce or child gets a quality education could be with impunity. eliminate many subjects—such as so- among the most important things that There should be no sanctuary for cial studies, music, the arts, and phys- the Senate will do during this Con- hardened criminals in this country. ical education—that are important gress. Mr. President, I yield the floor. parts of a well-rounded education. It The PRESIDING OFFICER (Mr. CAS- Mr. REID. Mr. President, Nevada is has led to too many schools—many SIDY). The Senator from Tennessee. one of the largest States in the coun- making real gains in student achieve- AMENDMENTS NOS. 2083, 2092, 2108, 2119, 2131, AND try—the 7th largest, to be exact—but ment—to be labeled as failing. 2138 TO AMENDMENT NO. 2089 we have just 17 school districts. By Despite these real flaws that need to Mr. ALEXANDER. Mr. President, contrast, California, has over 1,000 be corrected, there are some aspects of Senator MURRAY and this Senator have school districts. current law we need to keep and im- a small package of amendments that Among our 17 Nevada districts is the prove upon. Schools, districts, and have been cleared by both sides. I ask Clark County School District with over States must now make sure all stu- unanimous consent that the following

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.053 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4923 amendments be called up, reported by direction, supervision, or control over State AMENDMENT NO. 2138 number, and agreed to en bloc: Gardner teacher licensing or certification require- (Purpose: To amend the Elementary and Sec- No. 2083, McCaskill No. 2092, Gillibrand ments. ondary Education Act of 1965 relating to No. 2108, Gardner No. 2119, Casey No. AMENDMENT NO. 2108 improving student academic achievement 2131, and Klobuchar No. 2138. (Purpose: To amend the program under part in science, technology, engineering, and mathematics) The PRESIDING OFFICER. Without E of title II to ensure increased access to science, technology, engineering, and On page 370, between lines 18 and 19, insert objection, it is so ordered. the following: The clerk will report the amend- mathematics subject fields for underrep- resented students, and for other purposes) ‘‘(3) STEM-FOCUSED SPECIALTY SCHOOL.— ments en bloc. The term ‘STEM-focused specialty school’ The senior assistant legislative clerk On page 369, strike lines 1 and 2 and insert means a school, or a dedicated program with- read as follows: the following: in a school, that engages students in rig- ‘‘(2) improving student engagement in, and orous, relevant, and integrated learning ex- The Senator from Tennessee [Mr. ALEX- increasing student access to, such subjects, ANDER], for others, proposes amendments periences focused on science, technology, en- including for students from groups underrep- gineering, and mathematics, which include numbered 2083, 2092, 2108, 2119, 2131, and 2138 resented in such subjects, such as female stu- to amendment No. 2089. authentic school-wide research. dents, minority students, English learners, On page 382, line 12, strike the period and The amendments (Nos. 2083, 2092, children with disabilities, and economically insert the following: ‘‘; and 2108, 2119, 2131, and 2138) were agreed to, disadvantaged students; ‘‘(viii) support the creation and enhance- as follows: Beginning on page 374, strike lines 17 ment of STEM-focused specialty schools that through 22 and insert the following: AMENDMENT NO. 2083 improve student academic achievement in ‘‘(C) how the State’s proposed project will science, technology, engineering, and mathe- (Purpose: To enable local educational agen- ensure increased access for students who are matics, including computer science, and pre- cies to use funds under part A of title I for members of groups underrepresented in pare more students to be ready for postsec- dual or concurrent enrollment programs at science, technology, engineering, and mathe- ondary education and careers in such sub- eligible schools) matics subject fields (which may include fe- jects. On page 145, between lines 17 and 18, insert male students, minority students, English Beginning on page 384, strike line 3 and all the following: learners, children with disabilities, and eco- that follows through line 23 on page 384 and ‘‘(e) USE FOR DUAL OR CONCURRENT ENROLL- nomically disadvantaged students) to high- insert the following: MENT PROGRAMS.— quality courses in 1 or more of the identified ‘‘(c) EVALUATION AND MANAGEMENT.—The ‘‘(1) IN GENERAL.—A local educational subjects; and Secretary shall— agency carrying out a schoolwide program or On page 375, strike lines 8 through 12 and ‘‘(1) acting through the Director of the In- a targeted assistance school program under insert the following: stitute of Education Sciences, and in con- subsection (c) or (d) in a high school may use ‘‘(1) Increasing access for students through sultation with the Director of the National funds received under this part— grade 12 who are members of groups under- Science Foundation— ‘‘(A) to carry out— represented in science, technology, engineer- ‘‘(A) evaluate the implementation and im- ‘‘(i) dual or concurrent enrollment pro- ing, and mathematics subject fields, such as pact of the activities supported under this grams for high school students, through female students, minority students, English part, including progress measured by the which the students are enrolled in the high learners, children with disabilities, and eco- metrics established under subsection (a); and school and in postsecondary courses at an in- nomically disadvantaged students, to high- ‘‘(B) identify best practices to improve in- stitution of higher education; or quality courses in the identified subjects. struction in science, technology, engineer- ‘‘(ii) programs that allow a student to con- On page 377, between lines 22 and 23, insert ing, and mathematics subjects; tinue in a dual or concurrent enrollment pro- the following: ‘‘(2) disseminate, in consultation with the gram at a high school for the school year fol- ‘‘(iii) A description of how the eligible sub- National Science Foundation, research on lowing the student’s completion of grade 12; grantee will use funds provided under this best practices to improve instruction in or subsection for services and activities to in- science, technology, engineering, and mathe- ‘‘(B) to provide training for teachers, and crease access for students who are members matics subjects; joint professional development for teachers of groups underrepresented in science, tech- ‘‘(3) ensure that the Department is taking in collaboration with career and technical nology, engineering, and mathematics sub- appropriate action to— educators and educators from institutions of ject fields, which may include female stu- ‘‘(A) identify all activities being supported higher education where appropriate, for the dents, minority students, English learners, under this part; and purpose of integrating rigorous academics in children with disabilities, and economically ‘‘(B) avoid unnecessary duplication of ef- dual or concurrent enrollment programs. disadvantaged students, to high-quality forts between the activities being supported ‘‘(2) FLEXIBILITY OF FUNDS.—A local edu- courses in 1 or more of the State’s identified under this part and other programmatic ac- cational agency using funds received under subjects. Such activities and services may tivities supported by the Department or by this part for a dual or concurrent program include after-school activities or other infor- other Federal agencies; and described in clause (i) or (ii) of paragraph mal learning opportunities designed to en- ‘‘(4) develop a rigorous system to— (1)(A) may use such funds for any of the costs courage interest and develop skills in 1 or ‘‘(A) identify the science, technology, engi- associated with such program, including the more of such subjects. neering, and mathematics education-specific costs of— On page 381, between lines 4 and 5, insert needs of States and stakeholders receiving ‘‘(A) tuition and fees, books, and required the following: funds through subgrants under this part; instructional materials for such program; ‘‘(iv) broaden student access to ‘‘(B) make public and widely disseminate and mentorship, tutoring, and after-school ac- programmatic activities relating to science, ‘‘(B) transportation to and from such pro- tivities or other informal learning opportu- technology, engineering, and mathematics gram. nities designed to encourage interest and de- that are supported by the Department or by ‘‘(3) RULE OF CONSTRUCTION.—Nothing in velop skills in 1 or more of the State’s iden- other Federal agencies; and this subsection shall be construed to impose tified subjects; ‘‘(C) develop plans for aligning the pro- on any State any requirement or rule regard- grammatic activities supported by the De- AMENDMENT NO. 2119 ing dual or concurrent enrollment programs partment and other Federal agencies with that is inconsistent with State law. (Purpose: To include charter school rep- the State and stakeholder needs. resentatives in the list of entities with AMENDMENT NO. 2092 whom a State and local educational agency AMENDMENTS NOS. 2161, 2132, AND 2080 TO (Purpose: Enabling States, as a consortium, shall consult in the development of plans AMENDMENT NO. 2089 to use certain grant funds to voluntarily under title I) Mr. ALEXANDER. Mr. President, I develop a process that allows teachers who On page 19, line 22, insert ‘‘public charter ask unanimous consent to set aside the are licensed or certified in a participating school representatives (if applicable),’’ be- pending amendment and call up the State to teach in other participating fore ‘‘specialized’’. following amendments en bloc: Kirk States) On page 95, line 12, insert ‘‘public charter No. 2161, Scott No. 2132, and Hatch No. On page 284, between lines 11 and 12, insert school representatives (if applicable),’’ after 2080. And I further ask that Senator the following: ‘‘leaders,’’. MURRAY be recognized to call up two ‘‘(xxi) Enabling States, as a consortium, to AMENDMENT NO. 2131 voluntarily develop a process that allows other amendments. teachers who are licensed or certified in a (Purpose: To improve the bill relating to ap- The PRESIDING OFFICER. Without participating State to teach in other partici- propriate accommodations for children objection, it is so ordered. pating States without completing additional with disabilities) The clerk shall report the amend- licensure or certification requirements, ex- On page 39 line 15, insert ‘‘, such as inter- ments en bloc. cept that nothing in this clause shall be con- operability with and ability to use assistive The senior assistant legislative clerk strued to allow the Secretary to exercise any technology,’’ after ‘‘accommodations’’. read as follows:

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The Senator from Tennessee [Mr. ALEX- ‘‘SEC. 1123. FUNDS TO FOLLOW THE LOW-INCOME the public schools served by the local edu- ANDER], for others, proposes amendments CHILD STATE OPTION. cational agency, which amount shall— numbered 2161, 2132, and 2080 to amendment ‘‘(a) FUNDS FOLLOW THE LOW-INCOME ‘‘(A) be based on the number of eligible No. 2089. CHILD.—Notwithstanding any other provi- children enrolled in such schools and in- The amendments are as follows: sions in this title requiring a State to re- cluded in the count submitted under para- serve or distribute funds, a State may, in ac- graph (1); and AMENDMENT NO. 2161 cordance with and as permitted by State ‘‘(B) be distributed in a manner that (Purpose: To ensure that States measure and law, distribute funds under this subpart would, in the absence of such Federal funds, report on indicators of student access to among the local educational agencies in the supplement the funds made available from critical educational resources and identify State based on the number of eligible chil- non-Federal resources for the education of disparities in such resources, and for other dren enrolled in the public schools operated pupils participating in programs under this purposes) by each local educational agency and the part, and not to supplant such funds (in ac- On page 69, between lines 16 and 17, insert number of eligible children within each local cordance with the method of determination the following: educational agency’s geographical area described in section 1117). ‘‘(N) how the State will measure and report whose parents elect to send their child to a ‘‘(5) DISTRIBUTION TO PARENTS.— on indicators of student access to critical private school, for the purposes of ensuring ‘‘(A) IN GENERAL.—From the amounts allo- educational resources and identify dispari- that funding under this subpart follows low- cated under paragraph (3) and notwith- ties in such resources (referred to for pur- income children to the public school they at- standing any provisions in this title requir- poses of this Act as an ‘Opportunity Dash- tend and that payments will be made to the ing a local educational agency to reserve board of Core Resources’) for each local edu- parents of eligible children who choose to en- funds, each local educational agency that re- cational agency and each public school in roll their eligible children in private schools. ceives funds under such paragraph shall dis- the State in a manner that— ‘‘(b) ELIGIBLE CHILD.— tribute a portion of such funds, in an amount ‘‘(i) provides data on each indicator, for all ‘‘(1) DEFINITION.—In this section, the term equal to the amount described in paragraph students and disaggregated by each of the ‘eligible child’ means a child aged 5 to 17, in- (2), to the parents of each eligible child with- categories of students, as defined in sub- clusive from a family with an income below in the local educational agency’s geo- section (b)(3)(A); and the poverty level on the basis of the most re- graphical area who elect to send their child ‘‘(ii) is based on the indicators described in cent satisfactory data published by the De- to a private school and whose child is in- clauses (v), (vii), (x), (xiii), and (xiv) of sub- partment of Commerce. cluded in the count of such eligible children section (d)(1)(C) and not less than 3 of the ‘‘(2) CRITERIA OF POVERTY.—In determining under paragraph (1), which amount shall be following: the families with incomes below the poverty distributed in a manner so as to ensure that ‘‘(I) access to qualified paraprofessionals, level for the purposes of this section, a State such payments will be used for the payment and specialized instructional support per- educational agency shall use the criteria of of tuition, fees, and transportation expenses sonnel, who are certified or licensed by the poverty used by the Census Bureau in com- (if any). State; piling the most recent decennial census, as ‘‘(B) RESERVATION.—A local educational ‘‘(II) availability of health and wellness the criteria have been updated by increases agency described in this paragraph may re- programs; in the Consumer Price Index for All Urban serve not more than 1 percent of the funds ‘‘(III) availability of dedicated school li- Consumers, published by the Bureau of available for distribution under subpara- brary programs and modern instructional Labor Statistics. graph (A) to pay administrative costs associ- materials and school facilities; ‘‘(c) IDENTIFICATION OF ELIGIBLE CHILDREN; ated with carrying out the activities de- ‘‘(IV) enrollment in early childhood edu- ALLOCATION AND DISTRIBUTION OF FUNDS.— scribed in such subparagraph. cation programs and full-day, 5-day-a-week ‘‘(1) IDENTIFICATION OF ELIGIBLE CHIL- ‘‘(d) TECHNICAL ASSISTANCE.—The Sec- kindergarten; and DREN.—On an annual basis, on a date to be retary, in consultation with the Secretary of ‘‘(V) availability of core academic subject determined by the State educational agency, Commerce, shall provide technical assist- courses; each local educational agency shall inform ance to the State educational agencies that ‘‘(O) how the State will develop plans with the State educational agency of the number choose to allocate grant funds in accordance local educational agencies, including a of eligible children enrolled in public schools with subsection (a), for the purpose of assist- timeline with annual benchmarks, to address served by the local educational agency and ing local educational agencies and schools in disparities identified under subparagraph (N) the number of eligible children within each such States to determine an accurate meth- and, if a local educational agency does not local educational agency’s geographical area odology to identify the number of eligible achieve the applicable annual benchmarks whose parents elect to send their child to a children under subsection (c)(1). for two consecutive years, how the State will private school. ‘‘(e) RULE OF CONSTRUCTION.—Payments to allocate resources and supports to such local ‘‘(2) AMOUNT OF PAYMENT.— parents under this subsection (c)(5) shall be educational agency based on the identified ‘‘(A) IN GENERAL.—Subject to subparagraph considered assistance to the eligible child needs; (B), the amount of payment for each eligible and shall not be considered assistance to the On page 82, between lines 23 and 24, insert child described in this section shall be equal school that enrolls the eligible child. The the following: to— amount of any payment under this section ‘‘(xviii) Information on the indicators of ‘‘(i) the total amount allotted to the State shall not be treated as income of the child or student access to critical educational re- under this subpart; divided by his or her parents for purposes of Federal tax sources selected by the State, as described in ‘‘(ii) the total number of eligible children laws or for determining eligibility for any subsection (c)(1)(N), for all students and in the State identified under paragraph (1). other Federal program. disaggregated by each of the categories of ‘‘(B) LIMITATION.—In the case of a payment ‘‘(f) REQUIREMENTS FOR PARTICIPATING PRI- students, as defined in subsection (b)(3)(A), made to the parents of an eligible child who VATE SCHOOLS.—A private school that enrolls for each local educational agency and each elects to attend a private school, the amount eligible children whose parents receive funds school in the State and by the categories de- of the payment described in subparagraph under this section— scribed in clause (vii). (A) for each eligible child shall not exceed ‘‘(1) shall be accredited, licensed, or other- On page 115, after line 25, add the fol- the cost for tuition, fees, and transportation wise operating in accordance with State law; lowing: for the eligible child to attend the private ‘‘(2) shall ensure that the amount of any ‘‘(3) RESOURCE, SUPPORT, AND PROGRAM school. tuition or fees charged by the school to an AVAILABILITY.—A local educational agency LLOCATION TO LOCAL EDUCATIONAL that receives funds under this part shall no- ‘‘(3) A eligible child whose parents receive funds AGENCIES.—Based on the identification of eli- tify the parents of each student attending from a local educational agency through a gible children in paragraph (1), the State any school receiving funds under this part distribution under this section does not ex- educational agency shall provide to a local that the parents may request, and the agen- ceed the amount of tuition or fees that the educational agency an amount equal to the cy will provide the parents on request (and school charges to students whose parents do product of— in a timely manner), information regarding not receive such funds; ‘‘(A) the amount available for each eligible the availability of critical educational re- ‘‘(3) shall be academically accountable to child in the State, as determined in para- sources, supports, and programs, as described the parent for meeting the educational needs graph (2); multiplied by in the State plan in accordance with section of the student; and ‘‘(B) the number of eligible children identi- 1111(c)(1)(N). ‘‘(4) shall not discriminate against eligible fied by the local educational agency under children on the basis of race, color, national AMENDMENT NO. 2132 paragraph (1). origin, or sex, except that— (Purpose: To expand opportunity by allowing ‘‘(4) DISTRIBUTION TO SCHOOLS.—From ‘‘(A) the prohibition of sex discrimination Title I funds to follow low-income children) amounts allocated under paragraph (3) and shall not apply to a participating school that After section 1010, insert the following: notwithstanding any provisions in this title is operated by, supervised by, controlled by, SEC. 1011. FUNDS TO FOLLOW THE LOW-INCOME requiring a local educational agency to re- or connected to a religious organization to CHILD STATE OPTION. serve funds, each local educational agency the extent that the application of such pro- Subpart 2 of part A of title I is amended by that receives funds under such paragraph hibition is inconsistent with the religious te- inserting after section 1122 the following: shall distribute a portion of such funds to nets or beliefs of the school; and

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.056 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4925 ‘‘(B) notwithstanding this paragraph or there is established a committee to be (i) which Federal laws should be updated; any other provision of law, a parent may known as the ‘‘Student Privacy Policy Com- and choose, and a school may offer, a single-sex mittee’’ (referred to in this section as the (ii) the appropriate Federal enforcement school, class, or activity. ‘‘Committee’’). authority to execute the laws identified in ‘‘(g) PROHIBITIONS ON CONTROL OF PARTICI- (b) MEMBERSHIP.— clause (i); PATING PRIVATE SCHOOLS.—Notwithstanding (1) COMPOSITION.—The Committee shall be (C) address the sharing of data in an in- any other provision of law, a private school composed of— creasingly technological world, including— that enrolls eligible children whose parents (A) 3 individuals appointed by the Sec- (i) evaluations of protections in place for receive funds under this section— retary of Education; student data when it is used for research pur- ‘‘(1) may be a school that is operated by, (B) not less than 8 and not more than 13 in- poses; supervised by, controlled by, or connected dividuals appointed by the Comptroller Gen- (ii) establishing best practices for any enti- to, a religious organization to exercise its eral of the United States, representing— ty that is charged with handling, or that right in matters of employment consistent (i) experts in education data and student comes into contact with, student education with title VII of the Civil Rights Act of 1964 privacy; records; (42 U.S.C. 2000e et seq.), including the exemp- (ii) educators and parents; (iii) ensuring that identifiable data cannot tions in that title; and (iii) State and local government officials be used to target students for advertising or ‘‘(2) consistent with the First Amendment responsible for managing student informa- marketing purposes; and of the Constitution of the United States, tion; (iv) establishing best practices for data de- shall not— (iv) education technology leaders in the letion and minimization; ‘‘(A) be required to make any change in the State or a local educational agency; (D) discuss transparency and parental ac- school’s teaching mission; (v) experts with practical experience deal- cess to personal student information by es- ‘‘(B) be required to remove religious art, ing with data privacy management at the tablishing best practices for— icons, scriptures, or other symbols; or State or local level; (i) ensuring parental knowledge of any en- ‘‘(C) be precluded from retaining religious (vi) experts with a background in academia tity that stores or accesses their student’s terms in its name, selecting its board mem- or research in data privacy and education information; bers on a religious basis, or including reli- data; and (ii) parents to amend, delete, or modify gious references in its mission statements (vii) education technology providers and their student’s information; and and other chartering or governing docu- education data storage providers; and (iii) a central designee in a State or a po- ments. (C) 4 members appointed by— litical subdivision of a State who can oversee ‘‘(h) EVALUATION.—Every 2 years, the Sec- (i) the majority leader of the Senate; transparency and serve as a point of contact retary shall conduct an evaluation of eligible (ii) the minority leader of the Senate; for interested parties; children whose parents receive funds under (iii) the Speaker of the House of Represent- (E) establish best practices for the local this section, which shall include an evalua- atives; and entities who handle student privacy, which tion of— (iv) the minority leader of the House of may include professional development for ‘‘(1) 4-year adjusted cohort graduation Representatives. those who come into contact with identifi- able data; and rates; and (D) CHAIRPERSON.—The Committee shall ‘‘(2) parental satisfaction regarding the rel- select a Chairperson from among its mem- (F) discuss how to improve coordination evant activities carried out under this sec- bers. between Federal and State laws. (f) REPORT.—Not later than 270 days after tion. (E) VACANCIES.—Any vacancy in the Com- ‘‘(i) REQUESTS FOR DATA AND INFORMA- the date of enactment of this Act, the Com- mittee shall not affect the powers of the mittee shall prepare and submit a report to TION.—Each school that enrolls eligible chil- Committee and shall be filled in the same dren whose parents receive funds under this the Secretary of Education and to Congress manner as an initial appointment described containing the findings of the study under section shall comply with all requests for in subparagraphs (A) through (C). data and information regarding evaluations subsection (e)(1) and the recommendations (c) MEETINGS.—The Committee shall hold, developed under subsection (e)(2). conducted under subsection (h). at the call of the Chairperson, not less than ‘‘(j) RULES OF CONDUCT AND OTHER SCHOOL 5 meetings before completing the study re- The PRESIDING OFFICER. The Sen- POLICIES.—A school that enrolls eligible chil- quired under subsection (e) and the report re- ator from Washington. dren whose parents receive funds under this quired under subsection (f). AMENDMENTS NOS. 2093 AND 2118 TO AMENDMENT section may require such children to abide (d) PERSONNEL MATTERS.— NO. 2089 by any rules of conduct and other require- (1) COMPENSATION OF MEMBERS.—Each Mrs. MURRAY. Mr. President, I ask ments applicable to all other students at the member of the Committee shall serve with- unanimous consent to set aside the school. out compensation in addition to any such pending amendment to call up the ‘‘(k) REPORT TO PARENTS.— compensation received for the member’s ‘‘(1) IN GENERAL.—Each school that enrolls Franken amendment No. 2093 and the service as an officer or employee of the eligible children whose parents receive funds Kaine amendment No. 2118 en bloc. United States, if applicable. under this section shall report, at least once The PRESIDING OFFICER. Without (2) TRAVEL EXPENSES.—The members of the during the school year, to such parents on— objection, the clerk shall report. Committee shall be allowed travel expenses, ‘‘(A) their child’s academic achievement, The senior assistant legislative clerk including per diem in lieu of subsistence, at as measured by a comparison with— read as follows: rates authorized for employees of agencies ‘‘(i) the aggregate academic achievement under subchapter 1 of chapter 57 of title 5, The Senator from Washington [Mrs. MUR- of other students at the school who are eligi- United States Code, while away from their RAY], for others, proposes amendments num- ble children whose parents receive funds homes or regular places of business in the bered 2093 and 2118 to amendment No. 2089. under this section and who are in the same performance of services for the Committee. The amendments are as follows: grade or level, as appropriate; and (e) DUTIES OF THE COMMITTEE.— AMENDMENT NO. 2093 ‘‘(ii) the aggregate academic achievement (1) STUDY.—The Committee shall conduct a of the student’s peers at the school who are (Purpose: To end discrimination based on study on the effectiveness of Federal laws in the same grade or level, as appropriate; actual or perceived sexual orientation or and enforcement mechanisms of— and gender identity in public schools.) (A) student privacy; and ‘‘(B) the safety of the school, including the (The amendment is printed in the (B) parental rights to student information. incidence of school violence, student suspen- RECORD of July 7, 2015, under ‘‘Text of (2) RECOMMENDATIONS.—Based on the find- sions, and student expulsions. ings of the study under paragraph (1), the Amendments.’’) ‘‘(2) PROHIBITION ON DISCLOSURE OF PER- Committee shall develop recommendations AMENDMENT NO. 2118 SONAL INFORMATION.—No report under this (Purpose: To amend the State accountability subsection may contain any personally iden- addressing issues of student privacy and pa- system under section 1113(b)(3) regarding tifiable information, except that a student’s rental rights and how to improve and enforce the measures used to ensure that students parent may receive a report containing per- Federal laws regarding student privacy and are ready to enter postsecondary education sonally identifiable information relating to parental rights, including recommendations or the workforce without the need for post- their own child.’’. that— (A) provide or update standard definitions, secondary remediation) AMENDMENT NO. 2080 if needed, for relevant terms related to stu- On page 56, strike lines 9 through 12 and in- (Purpose: To establish a committee on dent privacy, including— sert the following: student privacy policy) (i) education record; ‘‘(aa) student readiness to enter postsec- At the end of title I, add the following: (ii) personally identifiable information; ondary education or the workforce without SEC. 1018. STUDENT PRIVACY POLICY COM- (iii) aggregated, de-identified, or the need for postsecondary remediation, MITTEE. anonymized data; which may include— (a) ESTABLISHMENT OF A COMMITTEE ON (iv) third-party; and ‘‘(AA) measures that integrate preparation STUDENT PRIVACY POLICY.—Not later than 60 (v) educational purpose; for postsecondary education and the work- days after the date of enactment of this Act, (B) identify— force, including performance in coursework

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.028 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4926 CONGRESSIONAL RECORD — SENATE July 9, 2015 sequences that integrate rigorous academics, charges the States to work with teach- to award subgrants to projects of their work-based learning, and career and tech- ers, school districts, Governors, par- choice to serve high-need school dis- nical education; ents, and other stakeholders to develop tricts or form partnerships with higher ‘‘(BB) measures of a high-quality and ac- a State-led education plan for all stu- education institutions. States can also celerated academic program as determined appropriate by the State, which may include dents without interference from Wash- use these funds to recruit qualified the percentage of students who participate ington. teachers and instructional leaders in in a State-approved career and technical pro- The bill affirms that the Federal STEM subjects or to develop a STEM gram of study as described in section Government cannot dictate a State’s master teacher corps. 122(c)(1)(A) of the Carl D. Perkins Career and specific academic standards, cur- In recent years, North Dakota has Technical Education Act of 2006 and meas- riculum or assessment. I repeat. The chosen to award funds to projects that ures of technical skill attainment and place- bill affirms that the Federal Govern- partner with our State’s higher edu- ment described in section 113(b) of such Act ment cannot dictate State-specific aca- cation institutions to provide profes- and reported by the State in a manner con- demic standards, curriculum or assess- sistent with section 113(c) of such Act, or sional development opportunities for other substantially similar measures; ments. It affirms local control and ac- K–12 math and science teachers. ‘‘(CC) student performance on assessments countability while maintaining impor- I have worked with Senator KLO- aligned with the expectations for first-year tant achievement information to pro- BUCHAR to craft amendment No. 2138. postsecondary education success; vide parents with information on how Our proposal will give States the op- ‘‘(DD) student performance on admissions their children are performing as well as tion to award those funds to create or tests for postsecondary education; to help teachers target support to enhance a STEM-focused specialty ‘‘(EE) student performance on assessments those who are struggling to meet State school or a STEM program within a of career readiness and acquisition of indus- standards. school. try-recognized credentials that meet the quality criteria established by the State We also recognize that science, tech- STEM-focused specialty schools or under section 123(a) of the Workforce Innova- nology, engineering, and mathe- STEM programs within a school are tion and Opportunity Act (29 U.S.C. 3102); matics—or STEM—education continues those that engage students in rigorous, ‘‘(FF) student enrollment rates in postsec- to play an increasingly important role relevant, and integrated-learning ondary education; in preparing our students for the ca- STEM experiences. Allowing funds to ‘‘(GG) measures of student remediation in reers of tomorrow. go toward a STEM program within a postsecondary education; and In North Dakota, STEM education school will allow successful programs ‘‘(HH) measures of student credit accumu- prepares students to fulfill the work- such as those occurring in our State to lation in postsecondary education; force needs of our dynamic economy, On page 57, line 14, strike ‘‘; and’’ and in- benefit. It will also encourage other sert ‘‘, which may include participation and from the high-tech industries in the school districts to begin their own pro- performance in Advanced Placement, Inter- east to the energy fields in the west. grams. national Baccalaureate, dual enrollment, For example, we have one school dis- So if a school district would like to and early college high school programs; trict, the West Fargo school district, better integrate STEM concepts into and’’. which has created a STEM center for their teaching practices, this amend- Mr. ALEXANDER. Mr. President, I students in grades 6, 7, and 8, and is ment allows those districts to submit a ask unanimous consent that at 5:30 doing an exceptional job of integrating proposal to the State for resources to p.m. on Monday, July 13, the Senate STEM teaching into the classroom. carry out that plan. vote on the following amendments, This school district program started in The Klobuchar-Hoeven amendment with no second-degree amendments in 2009 with 150 students in the sixth and also requires the Education Secretary order to any of the amendments prior seventh grades. Since then, it has been to identify STEM-specific needs of to the votes: Hatch amendment No. expanded to serve eighth grade stu- States and districts receiving funds 2080 and Kaine amendment No. 2118. dents as well. They have also created a and publicize information about those The PRESIDING OFFICER. Without STEM pathway program at the high activities. The Secretary is then di- objection, it is so ordered. school level. The approach focuses on rected to align Federal STEM activi- f project-based learning that connects ties with State and district needs. their school work to solving real world Finally, this amendment directs the MORNING BUSINESS problems through the engineering and U.S. Department of Education to avoid Mr. ALEXANDER. Mr. President, I design process. unnecessary duplication of STEM pro- ask unanimous consent that the Sen- When Senator KLOBUCHAR and I vis- grammatic activities supported by the ate proceed to a period of morning ited the school this spring, we wit- Department and other Federal agen- business, with Senators permitted to nessed students working hands-on with cies. This is important because there speak therein for up to 10 minutes a wide range of technologies at cooper- are so many disjointed STEM activi- each. ative lab stations, including drones and ties and programs throughout our gov- The PRESIDING OFFICER. Without flight simulators. West Fargo students ernment. objection, it is so ordered. have received numerous awards and In a May 2015 report, the nonpartisan The Senator from North Dakota. honors, placing first in the Nation in a Congressional Research Service states f lunar water recycling design competi- that despite recent reductions in the tion sponsored by NASA to excelling in number of Federal STEM programs, re- EVERY CHILD ACHIEVES ACT a number of Web page design and ro- cent estimates suggest there are still Mr. HOEVEN. Mr. President, I thank botics competitions around the coun- between 105 and 254 STEM programs Senators ALEXANDER and MURRAY for try. scattered throughout as many as 15 crafting this bipartisan proposal to re- This education is not just about Federal agencies. These programs ac- form and reauthorize the Elementary teaching students more science, math count for $2.8 billion to $3.4 billion in and Secondary Education Act, the or engineering. This approach reaches spending. These programs have their main source of Federal aid for K- across subjects to promote problem own distinct requirements and obliga- through-12 education. solving, collaboration, communication, tions that allow very little collabora- The Every Child Achieves Act takes and critical thinking skills. tion or coordination. We simply want many important steps to return the au- The Every Child Achieves Act in- to ensure that States and schools are thority of K–12 education back to the cludes a formula grant aimed at pro- aware of the existing efforts underway States and to the local school districts viding State resources to improve to best utilize public resources. and directly to those who are best STEM education. The Improving STEM In conclusion, we believe that this bi- equipped to understand and respond to Instruction and Student Achievement partisan amendment should be agree- what it takes to educate our students. Program provides grants to States to able to both sides and will strengthen Importantly, this bill empowers States improve STEM instruction, student en- the Every Child Achieves Act. In fact, to develop their own education ac- gagement, and increased student I have just been informed that both the countability plans. Instead of a one- achievement in STEM subjects. Under chairman and the ranking member size-fits-all Federal mandate, this bill this program, States have the ability from the HELP Committee and the

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.026 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4927 leaders on this Every Child Achieves mean they are great everywhere in Vir- istering certain tests wrong to stu- Act have included our legislation in ginia. So we had to dig in and look at dents who don’t speak English as their the manager’s package with support whether minority students were per- first language at home. Indeed, some of from both sides of the aisle. forming well or whether rural students my cities and counties had a strategy I want to thank both Senator LAMAR were performing well or urban stu- of phasing students in. If they were ALEXANDER from Tennessee, who is the dents. No Child Left Behind helped us coming from a background where they chairman of the committee and the to do that and not hide behind averages did not speak English at home, they sponsor of the bill, as well as Senator but really make sure that groups of would be tested in special ways for the PATTY MURRAY from Washington, who students were not falling behind either first couple of years they were in the is the co-lead on this legislation, for statewide or in the individual cities school system and then mainstreamed their support of this STEM legislation. and counties. even in the way they were tested. With that, I yield the floor. The second thing No Child Left Be- The Department of Education said: The PRESIDING OFFICER. The Sen- hind did—which is pretty amazing— You cannot do that. You cannot do ator from Virginia. was that before No Child Left Behind these tests differently. Mr. KAINE. Mr. President, I also rise there was not a standardized definition What I would say to the Department in support of the Every Child Achieves of graduation or dropout rates in this of Education: Hey, let me show you the Act and the good work that is being country. So if you wanted to know how SAT scores of my Latino students. Let done in a bipartisan way to move ele- your own city was doing or your own me show you how they are doing when mentary and secondary education for- county was doing or your own State they graduate, that they are some of ward in this country. I applaud Sen- was doing, and if you wanted to com- the highest performing students in the ators ALEXANDER and MURRAY and all pare that against anywhere else, you country. Clearly, if you measure it by HELP Committee members and their couldn’t because everybody was using the outcomes, we are doing it the right staff for the good work that has been their own measure. Usually folks would way. done on this bill, which is hugely im- try to fuzz up the data because they But the Department of Education portant to our Nation’s children but were afraid of being held accountable said: Outcomes do not matter to us. We even more importantly to our economy around graduation rates and dropout worry about the processes and the in- and our global competitiveness. The rates. No Child Left Behind, together puts and the way you provide the tests. fact that we are approaching this in a with some pioneering work from the Well, outcomes should be important. bipartisan manner creates a lot of hope National Governors Association, ended Results should be important. Too and optimism. up standardizing the definition of grad- often, No Child Left Behind was admin- I speak from a number of roles. I was uation and dropout rates, which en- istered in a way where results did not well educated in public, private, and abled us to compare and compete with matter. That is not what should hap- parochial schools myself. My three each other. pen. children have gone through the Rich- Not surprisingly, as President Obama I applaud Senators ALEXANDER and mond public school system, an urban discussed in the State of the Union in MURRAY for this bill because I believe public school system in Virginia, dur- the early part of 2015, our graduation the Every Child Achieves Act gives ing the era of No Child Left Behind. So rates are better than they have ever school districts and States the incen- Federal education policy was coming been because now we can focus on tive to work for the success of all stu- home in their backpack, crumpled up them, we know who is doing well and dents but also the flexibility they need at the end of every day. My wife and I who is not, and that sense of focus and to close achievement gaps. The bill have kind of lived through that with competition is enabling us to move maintains critical annual testing re- them. My wife is the current secretary ahead. quirements to allow us to track of education in Virginia, with the re- But No Child Left Behind also had progress of students, while letting sponsibility of carrying out State and some unintended negative con- States set their own goals for improve- Federal education policy. In my own sequences. The intense focus on high- ment. The bill invests in early child- role, as an elected official—as mayor— stakes testing, which is supposed to hood education, which is critical to education was our biggest expenditure, help you diagnose and then lead to edu- give States the authority to determine and I visited a school in our city every cational strategies down the road— teacher qualifications in those areas. I Tuesday morning. As Lieutenant Gov- sometimes testing has become an end am very glad this bill recognizes there ernor, in the State budget education in itself rather than a means to an end: are factors other than test scores that was our biggest priority, and I visited better student performance. That cre- determine whether our students will be schools in all 134 cities and counties in ates all kinds of stresses on students successful. I applaud this act. I cannot Virginia. Then, as Governor, I had the and teachers and parents. wait to vote for it. opportunity—the great opportunity— Similarly, the focus on I would like to comment on two to work with our State, our teachers, disaggregating student data which amendments I have worked with my our PTOs, and other educational stake- demonstrates that there are achieve- team and my staff member Karishma holders in the Virginia education sys- ment gaps in certain communities, Merchant, who is superb, to put into tem, which 50 years ago was one of the whether it be minority communities or this bill—some that are already in and weakest in the United States, and I am rural or urban areas, has often had the some that I think are forthcoming or proud to say is now one of the best in perverse consequence, when coupled are in the process on the floor. the United States. with high-stakes testing, of encour- The first is the very important chal- I learned a lot as Governor when No aging some of our best and brightest lenge of young people, age 16 to 24, who Child Left Behind was being imple- teachers not to want to go into the are in the most vulnerable time in mented in the schools of my State. I schools where they are most needed. If their lives to being the victims of sex- saw the good and the bad of No Child they feel as if they will be punished be- ual assaults. A kid age 16 to 24—that is Left Behind, and I certainly saw the cause the test scores are not as high the most likely period in their life reason that we need to improve it. with poor kids, for example, then they where they would be vulnerable to any That is what the Every Child Achieves will often choose not to go to those kind of sexual assault or sexual mis- Act does. schools. That is clearly not what we conduct. That is whether they are in First, I will speak about the good meant to do with No Child Left Behind, school, college, the military, the work- things of No Child Left Behind. There but that has been one of its perverse force, or whether they are somewhere are two notable good things that, consequences. else. frankly, are critically important we When I was Governor, I had a very We are spending a lot of time work- maintain. No Child Left Behind made funny—now it is funny; it was not ing on this issue, but this bill contains us disaggregate student data so that we funny at the time—argument with the an amendment I proposed called the couldn’t hide behind averages. Aver- Federal Department of Education. Teach Safe Relationships Act to help ages can be deceiving. Virginia average They absolutely insisted that jurisdic- tackle this issue. Basically, under the test scores are great, but that doesn’t tions in northern Virginia were admin- amendment Senator MCCASKILL and I

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.059 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4928 CONGRESSIONAL RECORD — SENATE July 9, 2015 introduced in February, schools that riculum, because it is core, important that is before our body, the Every are receiving title IV funds must report education. Nations around the world Child Achieves Act. It is so important on how they are teaching safe relation- recognize it. We need to as well. that we focus on this area of education. ship behaviors to students—commu- I have two additional amendments. Two important provisions I asked to nication, understanding what coercion We will consider one Monday night— be included have been included in the is, understanding what consent is, un- the Career Ready Act, which clarifies bill. I want to specifically talk about derstanding how to avoid pressure, un- and encourages but does not require those and again thank both Senators derstanding where to go for help. These the use of accountability indicators in for including those important initia- are matters which we will teach to our State accountability plans to promote tives in this important bill. students at a younger age so they can readiness for postsecondary education One of them is the reauthorization of keep themselves safe. and career readiness. Forty-one States afterschool programs—something I I need to give praise on this one—the already do this. We will encourage have worked on my entire life in Con- idea for this came from students at the more to do it if we pass the career- gress. It goes back a very long time. University of Virginia. I went and vis- ready amendment. Another one is on e-cigarettes, which I ited with them about sexual assaults Second, I have an amendment that I believe are endangering our Nation’s on campus in December. They told me: am still working on and hope to get in youth. We wish we came to campus better pre- on the floor. It is bipartisan by intro- Senator MURKOWSKI was very instru- pared to deal with these issues. duction. Senator AYOTTE and I have mental in the committee, working with I asked them: Well, don’t you take this. It is to create a middle school ca- Senator MURRAY to make sure my bi- sex education classes in high school? reer and technical exploration program partisan After School for America’s They said: Yes, but the classes are called Middle STEP. Kids in the middle Children Act was incorporated in the about reproductive biology. There school years, if they get a broader ex- bill. I thank her. needs to be a little more about safe be- posure to the careers that are available In the Senate, I first introduced my havior and relationship strategies. to them, they will be better equipped afterschool bill in 1997. I worked with I thought, what a great idea. That led to start picking curricular paths when Senator Ensign at that time. The Fed- to the amendment. The amendment they go to high school. eral Government at that time only has now been incorporated. I praise the I am so passionate about the need for funded small afterschool pilot pro- students at UVA who put this on my career and technical education because grams. When we got to 2001, I saw an radar screen. I thank Senators ALEX- I lived it growing up in my dad’s busi- opportunity to take that pilot program ANDER and MURRAY, who worked with ness and teaching kids in Honduras the and turn it into a real, funded author- me to incorporate this in the base bill. value of career and technical fields. ization for afterschool programs. The If we teach young kids the right strate- Everywhere I go in this country, I bill we have on the floor today and gies, whether they are in the military have employers who tell me they need next week will modernize that after- or on college campuses or in the work- workers who are skilled, whether it is school program. It is the 21st Century force or anywhere else, our young stu- allied health professionals, such as Community Learning Centers Pro- dents, 16 to 24, will be safer. EMTs, or culinary training or welding gram, which incorporates afterschool. The second series of amendments— and iron-working training or computer It will help States support quality some have been included and others coding. These career and technical afterschool programs. It encourages pa- have been voted on—one today and one fields that require some postsecondary rental engagement and involvement will be voted on on Monday night—are education but not necessarily a 4-year and ensures that afterschool activities amendments dealing with career and college degree are paths to great liveli- complement the academic curriculum. technical education. hoods. We do not often emphasize them Our kids don’t stop learning just be- I was a principal of a school that enough. This bill will help us do that. cause the clock strikes 2 or 3 or 4; they taught kids to be welders and car- I will close and say this: It has been keep learning. So the afterschool ac- penters. I grew up the son of a guy who 13 years since Congress reauthorized tivities are very important. ran an iron-working shop. I am a huge the Elementary and Secondary Edu- Most important to me is that this believer in career and technical edu- cation Act. It is time to update No bill preserves the stream of funding cation. Every job in this country does Child Left Behind, and this is good that is necessary to protect the after- not need the traditional 4-year bach- work to do it. school programs because, to be quite elor’s degree. In fact, there are many President Kennedy said in a message honest, we have had a lot of issues with jobs in this country—and the unem- to Congress in 1961—and these words people trying to grab those funds and ployment rate is still too high—there still ring true: use them for something else. Let me are many jobs in this country that are tell you why we cannot do that. We Our progress as a nation can be no swifter going unfilled. We have to bring weld- than our progresses in education. Our re- now serve more than 1.6 million chil- ers in on foreign visas and other impor- quirements for world leadership, our hopes dren of working families every year tant career and technical fields be- for economic growth, and the demands of through this afterschool program. That cause we don’t adequately promote and citizenship itself in an era such as this all re- is progress. Think about 1.6 million celebrate career and technical edu- quire the maximum development of every children. Think about all of their par- cation. This is similar to the previous young American’s capacity. ents and the relief it brings to them to speech about STEM. That is almost a great 20th-century know they have their children in a I have formed a Career and Technical paraphrase of what a Virginian, Thom- quality afterschool program. Education Caucus, together with Sen- as Jefferson, said in the 1780s: But there are still 11.3 million chil- ators PORTMAN and BALDWIN. We intro- Progress in government and all else de- dren left unsupervised when the day duced the Career Ready Act. Some por- pends upon the broadest possible diffusion of ends. In other words, one in five chil- tions have already been included in the knowledge among the general population. dren is unsupervised from 3 to 6 p.m. bill, and another portion will be voted Those words were true then. Senator Those are the hours where juvenile on on Monday night. But the idea is ba- Kennedy’s words are true. Education is crime peaks and risky behaviors are sically to make career and technical still the path to success for an indi- most likely to occur. Law enforcement education every bit as front-and-center vidual or for a community and nation. and mayors have been telling us for as college prep courses because we We will advance the cause of education years that afterschool programs reduce want our kids to graduate from high and the cause of success if we pass the crime. It truly is a no-brainer. Our kids school both college- and career-ready. Every Child Achieves Act. need a safe place to go after school. Career and technical education is an I yield the floor. Our parents need to make sure their important part of that. The PRESIDING OFFICER. The Sen- kids are safe after school because most Earlier today, we passed an amend- ator from California. parents work in today’s world. ment to make clear that for Federal Mrs. BOXER. Mr. President, I want No matter what leading candidates purposes, career and technical edu- to take this time to thank Senators for the Republican nomination say, cation is not elective, it is core cur- ALEXANDER and MURRAY on the bill today my understanding is Jeb Bush

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.060 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4929 said our workers don’t work hard mously accepted because these e-ciga- 6-YEAR HIGHWAY BILL enough. He said that our workers don’t rettes also contain benzene, cadmium, Mrs. BOXER. Mr. President, next work hard enough. Just talk to the formaldehyde, propylene glycol, and week I hear Senator MCCONNELL may parents of these kids. They are work- nanoparticles that are present in tradi- be coming forward with a highway bill. ing hard, sometimes multiple jobs. tional cigarettes, according to the I pray it is a 6-year bill. Republicans They need to know their kids are safe. California Department of Health. and Democrats voted one out of the I want to talk about one student, So we need the FDA to finalize their EPW Committee—I am proud to say Gerardo Rodriguez, who grew up in rule on e-cigarettes. But in the mean- not one dissenting vote—a 6-year ro- poverty in Los Angeles. He dealt with time, youth use is soaring. We finally bust bill. the threat of violence and the allure of are making progress on reducing smok- I hope we will fund it in a way that gang life. While he was at Carson Mid- ing among teens, and yet this e-ciga- doesn’t cut other jobs, while we are dle School, he chose to join an after- rette situation is out of control. That trying to create jobs in the transpor- school program that was run by the is why I am pleased that in this bill tation industry, but in fact looks at Boys and Girls Club instead of a gang. schools will be able to teach kids about international tax reform, where we can Gerardo went to an afterschool pro- the dangers of e-cigarettes. actually help our businesses and have a gram instead of joining a gang. In sta- In conclusion, again I thank the bill’s tax system that is reformed. The funds tistics, he would be told he was likely managers for helping me get the after- that come in to us go to the highway to be a dropout. Instead, he graduated school language in, protecting our kids trust fund so we can take care of those from Carson High. In 2012, he obtained after school, getting some language in bridges that are falling done and insuf- $3,000 in college scholarships. He is in to make sure we can educate our kids ficient—60,000 of them—the highways his second year at California State against the dangers of a new nicotine that need help, and the roads, 50 per- University, Long Beach, and he is ma- delivery system called e-cigarettes, but cent of which are in disrepair. We need joring in engineering. I also have three more amendments help. We need to save kids like this. Yes, that are pending and I hope will pass. Our businesses need that help. They the parents are working hard, many The first one I talked about was call for that help. They are the con- hours, and they need afterschool help. clarifying that a ban on smoking in crete people, the granite people. They This bill helps those kids. I would like schools includes all tobacco products are the general contractors, they are to do more for more children, but I am such as e-cigarettes. The second the engineers, our workers, and the thankful we are preserving this pro- amendment would prohibit advertising construction workers. We still have gram. e-cigarettes to children. When you see 200,000 of them out of work since the Our working families need to know this—I am sorry I didn’t bring the great recession. their kids are safe because there are charts to the floor—they are using car- We need a 6-year highway bill. We more than 28 million parents of school- toon characters, the same kind of thing need it now. We need it funded in a age children who are employed, includ- that was done by the big tobacco com- smart way that helps our economy ing 23 million who work full time. panies. Big Tobacco is behind this, let’s keep on growing. So there is a lot of These parents miss an average of 5 be clear. We don’t need another epi- work ahead. days of work a year because they don’t demic that starts killing our people be- I wish to take this opportunity to say have afterschool care and their child fore we finally turn the corner on reg- thank you to Senator ALEXANDER and gets sick. We all know that. We have ular smoking. Senator MURRAY—and a hopeful re- all gone through that. Our children quest to Senator MCCONNELL that the have gone through that. So it was 30 bill that comes to the floor on the years ago when I started to work on f highways is one which we can all em- this issue. brace, and we can take care of this I again thank Senators ALEXANDER COLLEGE CAMPUS SEXUAL great Nation because, I will tell you, and MURRAY for preserving afterschool ASSAULT there isn’t a great nation on Earth that care for our children. Mrs. BOXER. Mr. President, the last doesn’t have an infrastructure to f amendment I have is a different sub- match. E-CIGARETTES ject, and it deals with college campus You have to move goods, you have to sexual assault. It would simply say Mrs. BOXER. Mr. President, I also move people, and if you can’t do that, that every college campus should have thank Senators ALEXANDER and MUR- we simply can’t keep up in this global a confidential, independent advocate to RAY for including my provisions on a economy. help sexual assault survivors every dangerous product that is gaining pop- I yield the floor. step of the way. ularity among our children, e-ciga- I suggest the absence of a quorum. rettes. The language in the bill allows I am proud to say that my legislation The PRESIDING OFFICER. The schools to use their same Federal fund- has been voluntarily adopted by uni- clerk will call the roll. ing that goes toward alcohol, drug, and versities in my home State of Cali- The legislative clerk proceeded to tobacco education to teach children fornia, including the University of call the roll. about more novel tobacco products California, the State college system, Mr. UDALL. Mr. President, I ask such as e-cigarettes. and the community college system, to unanimous consent that the order for According to the CDC, youth use of e- the extent they can deal with it, be- the quorum call be rescinded. cigarettes has tripled in 1 year from cause there is a lot of discretion in The PRESIDING OFFICER. Without 2013 to 2014. Let me tell you, our kids that particular group of colleges. But I objection, it is so ordered. are not getting accurate information. haven’t heard from the private colleges f There is advertising that is aimed at in California. them that makes it sound like this is So all we are saying in this amend- EVERY CHILD ACHIEVES ACT just a wonderful opportunity for them. ment is let’s make sure every college Mr. UDALL. Mr. President, Nelson What are our children being exposed campus that gets Federal funds sets up Mandela once said there can be no to? It is not just nicotine—clearly, e- a confidential advocate for women—for keener revelation of a society’s soul cigarettes are a nicotine delivery sys- men as well who are also victims of than the way it treats its children. tem—but even more. sexual assault—so that from the begin- Every child deserves a fair chance. If Now the Surgeon General has said ning of their complaint they have a we fail at taking care of our children, nicotine has a negative impact on ado- friend, they have a confidant, and they we fail at everything else. So the lescent brain development. So for God’s have someone who knows their rights stakes are high as we work to reform sake, let us stop our kids from being with them every step of the way. I the No Child Left Behind Act. Too able to smoke e-cigarettes on campus. would be so proud to see this included. many children are left behind. The I have an amendment that would do I thank the Presiding Officer for his Every Child Achieves Act is a step for- just that, and I hope it will be unani- endurance on this little talk. ward.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.062 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4930 CONGRESSIONAL RECORD — SENATE July 9, 2015 I thank Senator ALEXANDER and Sen- literacy, rural school districts, and 21st The legislative clerk proceeded to ator MURRAY for working so hard on century community learning centers. call the roll. this bill. It is bipartisan, and it is an It ensures that tribal leaders can teach Mr. ROUNDS. Mr. President, I ask opportunity for real progress in edu- native languages in their schools— unanimous consent that the order for cating our children. something I have long pushed for. It the quorum call be rescinded. My dad used to say get it done, but also supports vital school and commu- The PRESIDING OFFICER. Without get it done right. When we say ‘‘every nity public-private partnerships. These objection, it is so ordered. child succeeds,’’ we have to mean it— are much needed reforms and will f every child, including those in the make a difference to children and fami- S. 1722 poorest and most vulnerable commu- lies in my State. nities. That is what we must do. This is Our goal is clear: to reach all stu- Mr. ROUNDS. Mr. President, I rise to the bill we must pass. dents, especially those who need the speak concerning the Dodd-Frank Act, I am cautiously optimistic, but I most support to succeed in school. which mandates the creation of 398 new would remind my colleagues, we can- In New Mexico, three out of four of rules. These rules are still in the proc- not keep playing catchup. I have met our schools are title I schools. They ess of being implemented, but already with child well-being experts in New face great challenges. Many students we have seen capital moving from pro- Mexico and across the Nation. They are are low income. Many have special ductive uses to inefficient and unpro- very clear. Early intervention is key. needs. We have to make sure they have ductive uses as a result of this law. The For too many children, there are too the resources they need. This has to be end result is that every dollar going to many hurdles and too little hope. Our a priority, and it starts with good comply with these rules is a dollar that commitment has to begin early and has teachers. can’t be productively invested in our to stay the course. We aren’t going to recruit great economy by providing loans or mort- In New Mexico, almost one in three teachers—especially in schools with gages to customers or purchasing ma- children lives in poverty. One in five the greatest need—if we unfairly pun- chines or, for that matter, hiring new goes to bed hungry. We are ranked next ish those teachers for poor student per- employees. For example, at a recent to last in education, last in overall formance. There has to be flexibility, Senate banking committee hearing, child well-being. That is absolutely un- especially early on. the comptroller for Regions Bank testi- acceptable. The future of my State, for Our first obligation is to students— fied to us that the bank now employs our children and for our economy, de- all students. We are accountable to more compliance employees than ac- pends on changing it. them and their parents, and we need to tual loan officers. This is not only bad Earlier this year, I introduced the keep applying pressure, while pro- for Regions Bank, it is harmful for our Saving Our Next Generation Act for viding support, to States and school entire economy. full funding for programs that work, districts to ensure that truly no child Unfortunately, we see examples of that work on a daily basis, work in our is left behind. But we can’t just test for overregulation stemming from Wash- communities for critical prenatal care, failure; we need to plan for success. We ington way too often. Another example and for Healthy Start and Head Start. should build on what works and leave of an unnecessary and redundant rule Too little too late doesn’t work. The behind what doesn’t. But don’t leave that costs businesses capital is the so- result is wasted opportunity and con- behind good students or those teachers called pay ratio rule buried in section tinued failure. Children need to arrive who dedicate their lives to helping 953 of Dodd-Frank, and today I come to at school ready to learn and able to re- them. the Senate floor introducing legisla- alize their full potential. tion to repeal it, S. 1722. Pay ratio re- That is why I also emphatically sup- Now is the time for reform—to en- sure that standards are strong and, if quires the Securities and Exchange port Senator CASEY’s strong start Commission to promulgate a rule re- amendment for pre-K education for not met, efforts are in place to help quiring companies to calculate the me- every child. Early learning is critical. those students, to make sure parents and teachers know how students are dian salary of all their employees and Senator CASEY’s amendment would ex- then divide their CEO’s pay by that pand and improve those opportunities performing every year, and to give number. for children from birth to age 5. States and school districts the support We need to ensure all students get to succeed. According to one prominent organi- the same opportunities. I have intro- Let’s be clear. We face troubling and zation in support of this rule, the pur- duced an amendment that provides chronic achievement and opportunity pose of it is to ‘‘shame companies into support for Native American schools. gaps. Every school must address this lowering CEO pay.’’ Forcing companies The Bureau of Indian Education func- and be held accountable. Now is the to move money from productive uses tions as a State education agency and time to address resource inequities. toward re-creating information that is has 50,000 students in it, but it is not Now is the time to invest in what already available so they can be funded as one. It often loses out on works. Now is the time to make sure shamed is a poor use of financial re- grants and other Federal funding. We we are not taking resources away from sources. In addition, it is also redun- have to change that. students, schools, and districts with dant. CEO pay is already public. If any- Both sides have worked to improve the greatest need. Parents deserve to one is interested in finding the salary this bill. I am pleased it has several know that when children fall behind, of a CEO of a public company, that in- measures that I have long fought for. their schools will take action and that formation is easily available thanks to For example, healthy children are an we have the resources to do so. already existing disclosures. Also, both investment in our future. Their health But it isn’t just schools that must the Bureau of Labor Statistics and pri- education should be a priority, not an act. So must we act—the Congress, par- vate economists already track the av- afterthought. The bill includes my ents, and communities. We all have a erage salary for a wide variety of jobs. amendment to make health a core sub- stake in this, and we share the same If we know the salary of a company’s ject. goal—to protect at-risk students, to CEO and we know what their business In addition, we know that too many provide accountability for taxpayer does, we can already calculate a com- students, especially in minority com- funds, and to make sure that every pany’s pay ratio. In fact, labor unions munities, are not graduating. In my child has a fair chance. and private Web sites are already mak- State, one-fifth of high school students I want to again commend my col- ing these calculations. drop out every year. Many who drop leagues on both sides of the aisle for Unfortunately, the result of the pay out are teen parents. My amendment bringing this legislation to the floor. ratio rule is more than just an aca- provides critical support to these stu- Working together we can provide all demic exercise; according to the SEC, dents. We need to do all we can to help students with the education they need. companies will have to spend $73 mil- them stay in school and to raise With that, I suggest the absence of a lion per year to comply with this rule. healthy children while they do so. quorum. And the U.S. Chamber of Commerce es- The Every Child Achieves Act The PRESIDING OFFICER. The timates the cost will be higher—as strengthens STEM education, financial clerk will call the roll. much as $700 million per year or more.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.064 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4931 If we take those two numbers and split U.S. Senate. It has been a long time High quality and early learning can the difference, if we add them up and since that has happened. double a child’s cognitive development. divide them, we get $386 million per I thank the folks who have made it In the long term, high-quality early year as an average estimate just to possible for us to get to this point to learning—we want to emphasize ‘‘high comply with this one single rule. consider an amendment like this and quality.’’ I didn’t say just any program Taking a look at this rule, let’s use to have this debate about the larger or any kind of curriculum. We will talk our own pay ratio test. In 2014, the Bu- legislation but also about this amend- more about that later. High-quality reau of Labor Statistics calculated ment, in particular. Senator ALEX- early learning contributes to, among that the annual mean wage was $47,230. ANDER and Senator MURRAY were lead- other things, No. 1, a reduction in the If we divide $386 million, which is the ing the effort to consider the Every need for special education; No. 2, lower cost of complying with the pay ratio Child Achieves Act, but also, in par- juvenile justice rates; No. 3, improved rule, by $47,230, which is the mean an- ticular, I again salute Senator MURRAY health outcomes; No. 4, increased high nual wage for workers, we get the num- for her many years, as you might call school graduation and college matricu- ber 8,172. This means that on average it, laboring in the vineyards of early lation rates; and, No. 5, increased self- we could pay 8,172 people their full sal- learning, as she has done on so many sufficiency in productivity among fam- ary for the amount of money it takes other issues—since the first stage, she ilies. These aren’t just assertions. to comply with the pay ratio rule. Re- has been in the Senate working on These are the results of many years of member, this is only one of 398 such early learning. I thank Senator HIRONO study. rules found within Dodd-Frank, a num- for her work on this issue as well, in I will turn to the first chart for ber of which have not even been imple- proposing legislation which has come today. No. 1, high-quality early learn- mented yet. together now after a lot of years of ing means children can earn as much The money they would use to do this work by a number of us in the Senate. as 25 percent more as adults. This is has to come from somewhere to pay for We are grateful for their contribution. where early learning has a direct and the new compliance systems required I also ask unanimous consent to add substantial correlation to higher wages to follow this rule, taking away much Senator BOOKER as a cosponsor. down the road. No. 2, early learning needed capital from businesses that The PRESIDING OFFICER. Without leads to healthier and more productive could otherwise invest money growing objection, it is so ordered. lives. There is no question about that. their business and creating job oppor- Mr. CASEY. Mr. President, what this Some of the best research on this has tunities. It is a waste of time, effort, comes down to is something very fun- been done lately and should be part of and money. damental. The basic link between the discussion. No. 3, high-quality The legislation I introduced yester- learning and earning—if children learn early learning also leads to children day simply strikes this rule in Dodd- more now or learn more when they are who are less likely to commit a crime. Frank. It does nothing to change any very young, they are going to earn a All the data shows that over many other part of the law. Repealing the lot more down the road. They are going years now. No. 4, high-quality early pay ratio rule would allow companies to do better in school. They are going learning means children are more like- to find more productive uses for their to succeed in progressing in school in a ly to graduate from high school. time and money so they can invest in way we would hope, no matter where We need to get that number up across the future and create job opportunities. they live and no matter what their cir- the country. We hope that will lead to I am committed to relieving Ameri- cumstances, if we make the commit- more young people finishing high cans from this and other unnecessary ment to those children. Because of that school and getting higher education, and burdensome regulations during my success and progress and learning, they but that doesn’t always mean a 4-year time in the Senate. I encourage my col- will learn more down the road. We degree. It might mean a 2-year degree. leagues to join me in this effort. know a more developed education leads It might mean a community college. It Mr. President, I yield the floor. to great success in school and also might mean a technical school. They I suggest the absence of a quorum. leads to a better job down the road. can’t get to a community or technical The PRESIDING OFFICER. The This isn’t simply a commitment to a school or any kind of higher education clerk will call the roll. child. It certainly is that first and fore- unless they graduate from high school. The bill clerk proceeded to call the most, but it is also a commitment to We want to make sure we have pro- roll. our long-term economic future. If you grams that do that. Kids learn more Mr. CASEY. Mr. President, I ask want higher wages and you want better now and earn more later. That is the unanimous consent that the order for jobs and you want a growing economy first reason to do this. It has a positive the quorum call be rescinded. and you want America not only to impact on that child and a substan- The PRESIDING OFFICER. Without compete in a world economy but tially positive impact on the economy. objection, it is so ordered. outcompete and have the best work- The other way to look at this is what f force, the best workers in the world, we would happen in the absence of this have to make sure we have the best kind of commitment, which we don’t EVERY CHILD ACHIEVES ACT education system. That starts long be- have right now as a nation. I think it Mr. CASEY. Mr. President, I rise to fore a child gets to first or second is a strategic imperative that we have speak on an amendment that has great grade and even starts before they get a commitment to early learning. But significance for our country. It is about to kindergarten. That is why I refer to what happens if we don’t? We can spend early learning. I will give you the for- this as pre-K or prekindergarten edu- upward of $40,000 per inmate on incar- mal name of the amendment so we cation. If they learn more now, they ceration, thousands of dollars on drug have it for the record: Casey amend- will earn more later. We have to make treatment and special education. What- ment No. 2152, the strong start for sure we bear that in mind. ever the challenge is, those problems America’s children amendment, which As we debate the appropriate role of become worse the longer we don’t is an amendment to the Every Child the Federal Government to ensure that make this commitment. That is one Achieves Act that will establish a Fed- all students in the Nation graduate option. eral-State partnership to provide ac- from high school prepared for college The other option is to spend a frac- cess to high-quality and public pre- and career, we cannot forget about this tion of that $40,000 on high-quality pre- kindergarten education for low- and basic piece of the puzzle that begins be- school and give children the good and moderate-income families. fore that child enters kindergarten. smart start they need in life. It is that We have had a debate, especially over In the short term, students enter kin- old adage: An ounce of prevention is the last couple of days, about our com- dergarten more prepared and ready for worth a pound of cure. mitment to basic education, so-called elementary school if we pass legisla- We often have the best testimony elementary and secondary education. tion like the amendment I am pro- from folks in our home State. I want to As part of that, I think it is the time posing. Some studies have even shown read one of those pieces of testimony. to finally, at long last, have a debate high-quality early learning can help This is a letter I received. I will not about early learning on the floor of the double a child’s cognitive development. read the whole letter. I want to refer to

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.066 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4932 CONGRESSIONAL RECORD — SENATE July 9, 2015 a couple of individuals from Pennsyl- opportunity for high-quality early children served. So my amendment vania. Heather is from Southwestern learning, and it would give them access would benefit 3 million children across Pennsylvania, and she wrote to us to those kinds of programs. the country and almost 94,000 children talking about her child. She is talking My home State of Pennsylvania has in Pennsylvania. In Ohio, 118,760 chil- about the fact that her daughter is en- made strides in this direction at the dren would benefit from this program. rolled in a high-quality pre-K program. State level. That is the good news. The Even a very large State that might not These are positive testimonials about bad news is that they have not made have the investment we would hope, a the impact on the child and on the anywhere near the strides we need to State such as Texas, has 299,902 chil- family. Heather, from southwestern make. We are nowhere near 50 percent dren—let’s just round it off and call it Pennsylvania, wrote to us and told us of our children in these kinds of pro- 300,000—who would benefit. that her daughter is enrolled in a high- grams. So because of that, because of This chart shows the number of chil- quality pre-K program. These letters that void or that deficit, the number dren who would benefit, and I believe it are positive testimonials that describe for Pennsylvania in terms of benefits is is long overdue that we made this com- the impact this program has on a child high. It is estimated that 93,930 chil- mitment to our children. and family. dren in the State of Pennsylvania The State would have to match, and Heather says in pertinent part: could benefit from this amendment that is why I mentioned it at the be- My daughter has blossomed since starting being enacted into law. ginning. This is a Federal and State the PA Pre-K Counts program . . . she loves Mr. President, I ask unanimous con- partnership. And we know if that hap- it!! She sings us songs she learns daily and sent that the document entitled ‘‘Five- pens, the full-day preschool would be has made lots of friends daily she tells us Year Estimates of Federal Allotments available for 4-year-olds—that is the how much she loves her school and her and the Number of Children Served By age category we are focused on—from teachers! Casey Strong Start Amendment’’ be families earning 200 percent below the It goes on from there. printed in the RECORD. Federal poverty level. So if it is a fam- Another letter from Dorie D., also There being no objection, the mate- ily of four, 200 percent is a little less from the southwestern corner of our rial was ordered to be printed in the than $49,000 of family income. State, out near Pittsburgh, says: RECORD, as follows: Earlier, I mentioned quality. We Our daughter has blossomed since starting don’t want to just have programs set FIVE-YEAR ESTIMATES OF FEDERAL ALLOTMENTS AND THE the PA Pre-K Counts program. Having this up around the country—a Federal and NUMBER OF CHILDREN SERVED BY CASEY STRONG program available to us has helped us see State partnership and have a program. START AMENDMENT how our child learns best. That would be nice, but it won’t ad- She goes on to say: (funding in dollars) vance the goal of the best possible She is just so much more animated and learning. We want high-quality pro- State Federal Allotment $ Estimated open to learning now. Children Served grams. So we insist that the programs We get letters like these all the time Alabama ...... 429,922,966 51,804 be ones that have teachers with high about the positive impact of early Alaska ...... 130,998,000 15,643 qualifications who are paid comparably Arizona ...... 656,508,117 80,170 learning. This is testimony from people Arkansas ...... 315,518,722 34,630 to K-through-12 teachers. We would who are directly affected by it. California ...... 3,139,171,848 356,816 also insist that there be rigorous Colorado ...... 366,496,715 43,250 One way to look at this is from the Connecticut ...... 199,660,755 21,673 health and safety standards for these testimony of families. Another way to Delaware ...... 130,998,000 15,789 District of Columbia ...... 130,998,000 12,666 programs, such as small class sizes and look at it is from the data. One of the Florida ...... 1,440,455,110 161,553 low child-to-staff ratios, and instruc- best authorities is Dr. James Heckman, Georgia ...... 917,616,106 101,756 Hawaii ...... 130,998,000 16,099 tion that is evidence-based and devel- the Nobel Prize-winning economist who Idaho ...... 153,654,734 18,800 opmentally appropriate. We don’t want estimates that the return on high-qual- Illinois ...... 961,484,302 108,064 Indiana ...... 530,095,397 65,147 to have just any curriculum; we want ity early learning is as high as $10 for Iowa ...... 241,549,933 26,707 to have the best curriculum that is Kansas ...... 259,275,568 30,942 every $1 we invest. Another study of Kentucky ...... 411,598,742 47,475 based on evidence that it works and the Perry Preschool Project in Michi- Louisiana ...... 455,185,965 52,223 also evidence-based comprehensive Maine ...... 130,998,000 15,427 gan showed a return of $17 for every $1 Maryland ...... 361,451,446 40,378 services for children. spent. So when you spend a buck on Massachusetts ...... 268,510,976 30,552 This amendment acknowledges that Michigan ...... 704,261,046 82,020 early learning, you get 17 bucks in re- Minnesota ...... 344,519,863 41,581 high-quality pre-K programs should be turn. This study has been on the record Mississippi ...... 341,868,957 42,015 inclusive of services for children with Missouri ...... 448,967,945 54,565 for many years, and unfortunately Montana ...... 130,998,000 16,099 disabilities as well and recognizes the some elected officials haven’t taken it Nebraska ...... 147,742,118 17,666 need for increased funding to specifi- Nevada ...... 252,190,201 30,808 to heart. New Hampshire ...... 130,998,000 16,099 cally serve these children in early The data of return on investment is New Jersey ...... 448,992,376 42,744 childhood. New Mexico ...... 227,159,310 27,175 overwhelming and indisputable. So if New York ...... 1,234,026,608 137,136 There are other aspects of the pro- we want to measure this in terms of North Carolina ...... 872,086,515 101,598 gram I do not have time to discuss North Dakota ...... 130,998,000 16,099 dollars, there is all of the evidence in Ohio ...... 976,595,679 118,760 right now, but I wanted to address an the world. I think the evidence and the Oklahoma ...... 323,544,733 34,739 issue some people have brought to my Oregon ...... 292,466,846 33,472 testimony from parents is even more Pennsylvania ...... 817,003,895 93,930 attention. This program is a new com- persuasive, but if we want to do a dol- Puerto Rico ...... 453,536,785 55,738 mitment by the United States of Amer- Rhode Island ...... 130,998,000 16,035 lar comparison, there it is—17 bucks South Carolina ...... 514,947,370 61,478 ica, and even folks who say this is a returned on 1 buck of investment in South Dakota ...... 130,998,000 16,099 really good idea ask: How do you pay Tennessee ...... 585,849,905 68,313 early learning. Texas ...... 2,670,071,687 299,902 for it? The same research found that chil- Utah ...... 283,952,191 34,897 Well, we have a pay-for. There is a Vermont ...... 130,998,000 15,224 change to the Tax Code, which I think dren who participated in high-quality Virginia ...... 461,782,685 53,967 early learning earned approximately 25 Washington ...... 511,392,470 60,180 a lot of folks would support because of West Virginia ...... 150,649,562 15,676 what we have seen over the last couple percent more per year than those who Wisconsin ...... 455,857,852 50,212 did not. Wyoming ...... 130,998,000 16,099 of years. To pay for this, we would put So study after study looking at full- Total ...... 26,199,600,001 3,017,891 limits on the ability of American com- day learning programs across the coun- panies to invert and move their tax Notes: Table prepared by the Congressional Research Service. Estimates try have found a positive impact on the were developed using assumptions and some may not be subject to change. domicile overseas to reduce their tax future earnings of participants, and in Estimates of children served assume the cost of serving each child would liability. That is a long way of saying some cases the benefit just from in- be $9,000 per child in every state. we would make it more difficult for creased wages could be as high as 3.5 Mr. CASEY. That is a list of the dol- companies to engage in this so-called percent per year. So this does have a lar amounts that States would receive inversion strategy which allows them, direct correlation to wages. My strong under this. They have to choose to par- through a loophole, to pay less taxes start amendment would help more than ticipate, but if they did, they would because they move operations into a 3 million American children have that have not just the dollars for it but the smaller company that is foreign owned.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.067 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4933 I believe we should make it more dif- 36. The Committee for Children and talk to them. But the over- ficult for companies to do that. If they 37. The National Down Syndrome Congress whelming majority of Americans say want to do that—I don’t like when they 38. Tourette Association of America we need to do more to give children the do that, and not many people like it— 39. Zero to Three opportunity to be prepared to learn and we should at least make it a little Mr. CASEY. Just a couple of more therefore to have a strong start in more difficult. If we make it more dif- points, and I will move on. their education and down the road to ficult for companies to do what we Even with these recent gains, accord- literally earn more when they are hope they wouldn’t, that will actually ing to one of the national groups that working. lead to a savings in revenue. track this data, the National Institute This support runs across all parties— It would make a lot of sense for of Early Education and Research, 55 percent of Republicans, 63 percent of American companies that believe they NIEER, shows that only 4 in 10 Amer- Independents, and 73 percent of Demo- should move overseas to help us pay for ican 4-year-olds are enrolled in public crats. early learning. I think that makes all pre-K and fewer than 2 in 10 3-year- When asked about a similar proposal the sense in the world if we are com- olds. Let’s just focus on the 4-year- to the one in my amendment, 7 in 10 mitted to early learning and if we are olds. Four in ten 4-year-olds are in Americans, including 67 percent of Re- committed to making sure we can pay these kinds of programs. publicans, support it. So it has over- for the program. The amendment itself I don’t know how we can compete whelming support. is paid for by dealing with this loop- and have the best workforce in the I will end with the words of the folks hole or dealing with part of an advan- world and develop the highest skill who know the benefit of these pro- tage companies have. level in the world for our future if we grams already—some of the parents This amendment is supported by don’t make a commitment to early who wrote to us. There are two more nearly 40 national organizations, from learning. I don’t know how else we can letters I will cite. unions, to parent education and early get there over time if we are going to The next testimonial is from Beth. learning groups, disability advocacy continue to talk a good game about She is from Washington County, PA. groups, and civil rights groups. early learning. And to listen to the tes- She expresses gratitude for the Penn- Mr. President, I ask unanimous con- timony of parents, CEOs, and business sylvania pre-K program. She says: owners who come to us year after year, sent to have the full list of endorsing My daughter has learned so much. Before in addition to talking to us about tax- organizations printed in the RECORD. the start of PA Pre-K Counts, she couldn’t There being no objection, the mate- ation and other issues—they say: write any of her letters or even recognize rial was ordered to be printed in the Please, please make an investment in them. She has improved so much since the early learning. Some of the biggest first day of class. It has given her socializa- RECORD, as follows: companies in Pennsylvania and some of tion with other kids her age. List of Organizations Endorsing Casey Amendment #2152 to S. 1177—The Strong the biggest companies in the world She goes on to tell how much that Start for America’s Children Amendment have come to us and said that. Whether means to her family and how much 1. American Federation of State, County, it is a CEO or a parent or an educator, that means to her daughter. and Municipal Employees they all believe we have to finally, at Finally, Megan, who is from the 2. American Federation of Teachers long last, make a commitment to early other end of the State, southeastern 3. American Federation of School Adminis- learning as a nation because it is a Pennsylvania in Montgomery County, trators strategic economic imperative. says in part that her son ‘‘came into 4. Bazelon Center Even in Pennsylvania, where I men- this program shy and with very little 5. Child Care Aware America tioned before that we made some verbal communication. He now talks 6. Center for American Progress Action strides over basically the last decade or Fund nonstop and loves learning!’’ 7. Center for the Collaborative Classrom 15 years, we rank 10th in the amount of I have only read brief excerpts from 8. Children’s Defense Fund State resources invested. That is kind letters we have received. 9. Center for Law and Social Policy of good news but not enough. Pennsyl- Here is the point: If a child enters a 10. Collaborative for Academic, Social, and vania is still only able to serve less program and by the end of that is curi- Emotional Learning than 10 percent of all 3- and 4-year-olds ous about learning, that is a huge suc- 11. Common Sense Kids Action in State funding for early learning. cess. If a child enters a program not 12. Easter Seals I think that at the same time we can knowing her letters and by the end of 13. Education Law Center make the academic arguments—the ar- 14. First Five Year’s Fund that she is learning and achieving, that 15. First Focus Campaign for Children guments by parents and educators and is something we can all be positive 16. Leadership Conference on Civil and CEOs—we also know that the national about. Human Rights data and polling show it is something The first letter I read talked about 17. Learning Disabilities Association of the American people support as well. the way one mother’s child was singing America The American people understand the songs that she learns daily. Whatever 18. National Association for the Advance- vital importance of increasing invest- it is, whether it is singing or learning ment of Colored People ment in early learning. letters or reading, these children are 19. National Association for the Education A national poll conducted last year of Young Children learning because of a good program. It 20. National Association of Councils on De- by the bipartisan team at Public Opin- didn’t just happen by accident. It hap- velopmental Disabilities ion Strategies and Hart Research pened because they are in a high-qual- 21. National Association of Elementary showed that 64 percent of Americans ity program. It happened because in School Principals believe we should be doing more to en- some communities they made the deci- 22. National Association of School Psy- sure that children start kindergarten sion to invest in the future of that chologists ready to do their best. child and the future of our economy. 23. National Association of State Directors Here is another way to summarize it. So let’s take a step with this amend- of Special Education This chart shows voters who say we ment to allow children to learn more 24. National Black Child Development In- stitute should be doing more to ensure that now so they can earn more later and 25. National Center for Families Learning children start kindergarten ready to do help us move into the future in a very 26. National Council of La Raza their best, and virtually no one else positive direction for our children, for 27. National Urban League says we should do less. Those who say our families, and for our economy. 28. National Women’s Law Center we should do more to ensure our chil- I yield the floor. 29. National Education Association dren start kindergarten ready to learn The PRESIDING OFFICER. The Sen- 30. Nemours Children’s Health System and ready to do their best—64 percent. ator from Wisconsin. 31. Parents as Teachers Twenty-seven percent say we should do Ms. BALDWIN. Mr. President, I rise 32. School Social Work Association of America enough. We have to persuade some of to speak in strong support of an 33. Service Employee International Union those folks in green. Only 4 percent say amendment to this underlying bill that 34. Teach For America we should do less. I don’t know who addresses resource equity in our Na- 35. Teaching Strategies those folks are. I hope I can meet them tion’s schools. I am proud to have

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.069 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4934 CONGRESSIONAL RECORD — SENATE July 9, 2015 worked across party lines to join my forming schools in my home State is 12 in west Texas in the ag sector who colleagues in supporting this bipar- percent. The average in all other were very interested in what we were tisan amendment, particularly to have schools in the State is 51 percent. That doing here in Washington on trade pro- worked with Senators KIRK, REED of is a huge gap; it is a 40-percent gap. motion authority, as we have worked Rhode Island, and BROWN on this meas- There is also a 37-percent gap for read- with the President on a bipartisan ure. It is an improvement to the long- ing and language arts proficiency and a basis to pass this structure by which overdue reauthorization of the Elemen- 31-percent gap in graduation rates. the next big trade agreement—the tary and Secondary Education Act that We cannot close those achievement Trans-Pacific Partnership—will be con- we have been debating over the course gaps if we do not provide all students sidered and voted on. of this week. with equal access to core educational I do have a bias. I think experiments The Every Child Achieves Act impor- resources. That is why I am pleased to in policy are best conducted at the tantly focuses on ensuring that those join Senators KIRK, REED, and BROWN State level, not at the national level. students most in need have access to a in offering this opportunity dashboard We have seen, for example, as the Pre- high-quality education. It continues to of core resources amendment. This siding Officer knows, a huge experi- ensure that title I funds flow to school amendment requires each State to re- ment in health care reform where, districts where Federal support can port what key educational resources under the Affordable Care Act, one- make the greatest impact and the most are currently available in districts sixth of our economy was effectively difference. It requires States to report with the highest concentrations of mi- commandeered by the Federal Govern- key information that will help us iden- nority students and students in pov- ment in a one-size-fits-all approach. Of tify disparities such as per-pupil ex- erty. Then it requires them to develop course, the results were much worse penditures, school discipline, and a plan to address the disparities that than even its most ardent opponents teacher and educator quality. But I be- are shown to exist. It gives States predicted. Many of the basic promises lieve we must further strengthen those flexibility to develop those plans and that were made in order to sell the Af- reporting requirements in order to lay out a timetable with annual bench- fordable Care Act simply aren’t true. fully ensure that the range of critical marks for taking action, and it pro- They haven’t come to pass. school resources—from quality teach- tects a parent’s right to know about So I think it is helpful to do just the ers, to rigorous course work, to well- the critical educational resources that opposite. Rather than experiment at conditioned and equipped school facili- are available to his or her child. the national level with what kinds of ties—is being equitably distributed As we work to reauthorize the Ele- policies actually work, let’s try these among school districts in a given mentary and Secondary Education Act at the State level. Indeed, on the mat- State. And we must require States to in its 50th year, we have yet to see its ter of trade, I would say I come from a demonstrate how they will act to ad- promise of equal access to educational State that is the No. 1 exporting State dress disparities among schools. opportunity fulfilled for all of Amer- in the country, and that is one reason Despite the advances we have seen ica’s students. As we look to the next why our economy grew last year— since President Johnson signed the El- half-century of supporting public edu- 2014—at 5.2 percent. The economy ementary and Secondary Education cation, it is critical that we take steps across the United States grew at 2.2 Act into law 50 years ago, significant to ensure that all children have access percent. There are a lot of reasons for gaps in achievement and opportunity to the educational resources that will that difference, but don’t we think it still exist. The U.S. Department of help them succeed, regardless of race, would make some people curious about Education’s Office of Civil Rights re- ethnicity, or family income. whether there were actually policies or cently published data from a com- I understand there may be a vote on practices at the State level that pro- prehensive survey of schools across the this amendment early next week. I cer- duced a better result—a growing econ- Nation that illustrated the magnitude tainly hope so. I urge my colleagues to omy with rising wages and more jobs? of the problem. For example, the report support this very important bipartisan This isn’t just me being proud of describes how Black, Latino, American effort. where I come from. I guess people are Indian, and Native Alaskan students Thank you, Mr. President. accustomed to Texans being proud of and English learners attend schools I suggest the absence of a quorum. their State and bragging about it. That with higher concentrations of inexperi- The PRESIDING OFFICER. The is just kind of who we are, and we ac- enced teachers. clerk will call the roll. Furthermore, nationwide, one in five The senior assistant legislative clerk cept that. But this is more than that. high schools lacks a school counselor, proceeded to call the roll. This is talking about the policies that and between 10 and 25 percent of high Mr. CORNYN. Mr. President, I ask actually work, that have been em- schools across the Nation do not offer unanimous consent that the order for braced and implemented here at the more than one of the core courses in the quorum call be rescinded. national level, once tested at the State the typical sequence of high school The PRESIDING OFFICER. Without level—we could actually see a better math and science. objection, it is so ordered. outcome for all of America. For example, Texas farmers and In my home State of Wisconsin, high- f er poverty and higher minority school ranchers know from our experience in districts remain more likely to have EXPERIMENTS IN POLICY Texas that trade is a good thing. As we inexperienced teachers. The Depart- Mr. CORNYN. Mr. President, when I begin to explain and explore the impor- ment of Education has data that shows return home to my State during our tance of trade promotion authority, that, for example, in Milwaukee, where district work periods—the time when the idea that we comprise roughly 5 there are the most high-poverty and the Senate is not in session—as I get a percent of the world’s population—in high-minority schools in our State, 8 chance to travel my State, as the Pre- other words, 95 percent of the world’s percent of teachers are in their first siding Officer does in his, I always feel population is beyond our shores but we year of teaching and 19 percent of as though I learn something, and I ap- represent 20 percent of the world’s pur- teachers lack State certification. The preciate a little bit more how different chasing power—why wouldn’t we want State average is 5.6 percent for first- policies can have a different impact to open up our goods and services and year teachers and 0.3 percent for those and produce different results. the things we grow and make to these who lack certification. As the distinguished Senator from markets abroad so that more people As with the Nation, achievement Wisconsin was speaking about the im- can buy the things we grow and raise gaps follow these disparities. According portance of education, I couldn’t help and what we make? to data from the National Center for but think that we all agree with that, I wish to speak about another inno- Education Statistics, there are star- but we have maybe some differences on vation or at least another practice at tling differences in student proficiency which policies actually produce a bet- the State level that has had an impact and graduation rates both in Wisconsin ter result. I couldn’t help but think a on the quality of education at the and nationally. For example, the aver- little bit about that last week as I was State level. As we continue the discus- age math proficiency in low-per- visiting some of the ranchers and folks sion of the Every Child Achieves Act—

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I worked with colleagues on both I was happy to cosponsor with the teachers—the people who are actually sides of the aisle, including the es- senior Senator from Virginia an closer to the issue, closer to the prob- teemed Presiding Officer, to find com- amendment which takes into account lems, and the ones who perhaps know mon ground, and I am very pleased the commonsense purpose of encour- more than any bureaucrat in Wash- that many of my priorities to improve aging the States to conduct efficiency ington could ever hope to know about student outcomes and close the reviews of school districts and cam- what actually works at the local level. achievement gap are reflected in the puses to make sure Federal dollars de- It is also about flexibility, meaning it legislation that is before us today. livered to each classroom are spent as is up to individual States, not just the cost-effectively as possible. This Federal Government, to determine how During my conversations with par- amendment builds on an incredibly to achieve the best outcome for all of ents and students, I often speak about successful program in Texas—one that our students. Importantly, I should children’s mental health. At Mounds brings greater accountability to our add, that flexibility translates into View school district in Minnesota, I schools and helps them discern how greater options for schools across the met a single mother named Katie they can make each dollar go just a lit- country by giving States additional Johnson. She told me about her son, a tle bit further. This program is called freedom to create and replicate high- 9-year-old boy whose behavior she just the Financial Allocation Study for quality charter schools, for example, wasn’t able to control. Because this Texas, or FAST. It was developed by and giving more parents more choices, school had a system in place—a mental the Texas comptroller, Susan Combs— as I said, for their children’s education. health model in place—they were able the immediate past comptroller of the I am very proud of the good progress to identify that he might have some State of Texas—to evaluate the oper- we have made across a number of mental health problems and get him ational efficiency of the school dis- issues this year so far—passing the access to community mental health tricts and campuses across our State. anti-human trafficking laws and fi- services. He was diagnosed with ADHD To do that, the comptroller uses data nally cracking the code on how we pay and Asperger’s. He was able to get the about school finances, school demo- physicians under Medicare adequately treatment he needed, and it turned him graphics, and academic performance rather than temporarily patching that around. Katie told me that her son is from each school and campus around problem, as we have for so many years. now doing well in school and he had the State to help measure academic We passed a budget for the first time taken up Tae Kwon Do. Katie told me achievement relative to spending. since 2009 that balances in 10 years. that her life had been out of control There is a broadly held fallacy that And, yes, we worked with the President when she couldn’t control her child. the quality of educational outputs is of the United States on a bipartisan But she pointed to herself—and I will equal to how much money we put into basis to pass trade promotion author- never forget this—she pointed to her- it. In other words, if we want a better ity. Next week, we will conclude this self and said: ‘‘Now I am bulletproof. I product—education—all we have to do Every Child Achieves Act by reforming can do anything.’’ is spend more money. I would say that our early and elementary childhood is demonstrably false. There are many Well, I said, let’s do this. So I came education system to get more of the here and introduced the Mental Health of our parochial schools that do an out- power, to get more of the authority out standing job of educating their stu- in Schools Act, and I am proud that of Washington and back to parents, over the last couple of years we have dents at a fraction of what our public teachers, and the States, where it real- schools do. So I think it is a fallacy to gotten $100-plus million extra through ly belongs. the appropriations process for pro- say that if we want more or better edu- Mr. President, I yield the floor. cation, all we have to do is spend more The PRESIDING OFFICER. The Sen- grams like the one in that bill. money. There is a smarter, more effi- ator from Minnesota. I have worked hard to get provisions cient way to deal with that, and that is Mr. FRANKEN. Mr. President, I ask based on my Mental Health in Schools what the financial allocation study is unanimous consent to speak for up to Act into the bill before us today. My designed to achieve—to measure aca- 20 minutes. provisions will allow schools that want demic achievement relative to spend- The PRESIDING OFFICER. Without to work with community-based mental ing. objection, it is so ordered. health organizations and mental health As the senior Senator from Virginia f providers to use Federal education explained earlier, this successful Texas EVERY CHILD ACHIEVES ACT funding to provide mental health model of a fiscally responsible edu- screening, treatment, and referral serv- cation system caught his eye when he Mr. FRANKEN. Mr. President, we ices to their students by equipping was Governor of Virginia, and fortu- have been living under No Child Left school staff with the training and tools nately he then implemented a similar Behind, or NCLB, for 13 years. During to identify what it looks like when a program. In Virginia, the savings came that time, we have learned a lot about kid has a mental illness. Every adult in from commonsense recommendations— how NCLB works and a lot more about this school, from the lunch lady to the again, as we did in Texas—things such what doesn’t work. Students, teachers, principal, from the schoolbus driver to as introducing software programs to and parents across the country have the teacher, was trained to see what it improve bus routes, enhancing methods been waiting a long time for us to fix looked like when a kid might have a of facilities management, and encour- this law. serious mental health issue, and then aging best practices in hiring and per- As a member of the Senate Health, they would refer to the professional in sonnel management. Education, Labor and Pensions Com- While more States have adopted mittee, I am proud to have worked on the school, the counselor or school psy- similar programs, these money-saving the legislation before us today and to chologist. opportunities should be available to all have helped to get it this far. The One of the most common features of school districts nationwide. So now, Every Child Achieves Act of 2015 builds successful schools in disadvantaged with the adoption of this amendment a strong bipartisan foundation to re- communities is the presence of an ef- just yesterday and with the eventual form our national education system, fective school principal. This should passage of the Every Child Achieves and I thank Chairman LAMAR ALEX- come as no surprise. It is a matter of Act, we can make sure school districts ANDER and Ranking Member PATTY common sense to expect that a success- all across the country are using their MURRAY for their leadership on this ful school or any successful organiza- dollars for what they are really in- bill. tion would have a strong leader. Re- tended—classroom education—not Over the last 6 years, I have met with search shows that school leadership is stuck in the back office bureaucracy. principals and teachers, students, par- one of the most critical components of

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.072 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4936 CONGRESSIONAL RECORD — SENATE July 9, 2015 improving student learning. Yet, de- teachers and parents more accurate school bullying, to the college admis- spite its importance, the Federal Gov- and timely information about how sions process and career advising. But ernment has not devoted adequate at- their kid is growing. we have a shortage of school counselors tention or resources to improving the Another issue I hear about as I travel in this country. quality of principals in high-need around Minnesota—this time from Unfortunately, the ability of school schools. That is why I made sure that businesses—is that students graduating counseling professionals to assess stu- there is dedicated funding written into from our schools aren’t ready to take dents is often hindered by a high stu- the base bill to create a pipeline of ef- on the jobs that are waiting for them. dent-to-counselor ratio, often two or fective principals for high-need This is called the skills gap. It isn’t three times the recommended amount. schools. just a problem in Minnesota; I would In Minnesota, we have 1 counselor for I had a roundtable a number of years say it is a problem in every State. We every 700 students. That is unaccept- ago. The roundtable was with prin- have jobs now that are going unfilled able. So I wrote a provision that ad- cipals from around the Twin Cities. A because our graduates lack science, dresses this critical need by author- school had been turned around by a technology, engineering, and math, or izing the Elementary and Secondary great principal. We started talking STEM, skills. In fact, by 2018 Min- School Counseling Program in the about testing. One of the principals re- nesota employers will have to fill over Every Child Achieves legislation. ferred to the NCLB test as ‘‘autopsies.’’ 180,000 STEM-related jobs. Federal grants like this one will help I knew immediately what he meant. So I wrote an amendment to provide States and districts address these high Schools had to administer an NCLB funding to support partnerships be- ratios between students and counselors test toward the end of the year—to- tween local schools, businesses, univer- and bring more trained professionals ward the end of April—and the school sities, and nonprofit organizations to into schools. Another critical support and the teachers didn’t get the results improve student learning in STEM sub- for students is afterschool programs. until late June, when the kids were out jects. My amendment says that each Senator LISA MURKOWSKI from Alaska of school. So the teachers couldn’t use State can choose how to spend and and I worked on an amendment to- the results of the tests to inform the prioritize these funds, which can sup- gether to fund 21st Century Commu- instruction of their kids. I found out port a wide range of STEM activities, nity Learning Centers because these that was why in Minnesota schools from in-depth teacher training, to engi- afterschool programs play a critical were administering other tests in addi- neering design competitions, to im- role in increasing student achievement, keeping students safe, and helping out tion to the NCLB test. On top of that, proving the diversity of the STEM working families. they were giving computer adaptive workforce. There are over 100 21st Century Com- tests. What are computer adaptive States can also use these funds to munity Learning Centers across my tests? Well, they are computers—mean- create a STEM Master Teacher Corps, State of Minnesota, and these centers ing the teacher gets the results right which is based on my legislation called provide high-quality afterschool activi- away, so he or she can use the results the STEM Master Teacher Corps. This ties to help address the physical, so- will offer career-advancement opportu- of that test to inform the instruction cial, emotional, and academic needs of of each child. They are adaptive, which nities and extra pay to exceptional the students they serve. Senator MUR- means that if a child is getting every- STEM teachers and help them serve as KOWSKI and I worked on another thing right, the questions get harder; if mentors to less-accomplished teachers. amendment to help American Indian Today, it is getting harder and hard- they are getting things wrong, the students. Our amendment would fund er for students to pay for college. That questions get easier. This is much more Native language immersion programs is why the Presiding Officer, the good descriptive of where the child is and throughout Indian Country because Senator from Louisiana, and I you can pinpoint this. This informs the language is critical to maintaining cul- instruction. worked—and the way the cameras tural heritage. Native students who are These kinds of tests were not allowed work, you can’t see the Presiding Offi- enrolled in language immersion pro- in the original NCLB because they said cer because I am talking; it is BILL grams have higher levels of student that all tests had to be standardized— CASSIDY of Louisiana—we worked to- achievement, high school graduation standardized, meaning having the same gether to help reduce the cost of col- rates, and college attendance rates test for each child—but you get a much lege while kids are still in high school. than their Native American peers in better assessment with computer Our amendment provides funds to traditional English-based schools. adaptive tests. That is why I wrote an cover the costs of advanced placement Again, I am very pleased that with amendment with Senator JOHNNY ISAK- and international baccalaureate exam the help of my colleagues, I was able to SON of Georgia into the Every Child fees for low-income students. When I include all of these amendments in the Achieves Act to allow States to use did college affordability roundtables, I legislation we are considering today. computer adaptive tests. Teachers will found students who had taken an AP These provisions will help hundreds of now be able to create lesson plans course but were afraid to spend the thousands of students throughout the based on how each student performs, money for the test in case they did not country reach their full potential. starting the next day. They use com- get the 3, 4 or 5, which gave them a Lastly, I would like to speak in sup- puter tests to more accurately measure credit. So this will help those students port of Senator PATTY MURRAY’s and student growth, which is something I do that. Senator JOHNNY ISAKSON’s early learn- believe in—measuring growth and not Our amendment also includes dual ing amendment that was included in judging whether a kid meets or what enrollment programs and early college the bill and Senator BOB CASEY’s floor percentage of kids meet some arbitrary high schools. In Minnesota, we call amendment called strong start for performance standard or proficiency them postsecondary educational oppor- America, which also expands access to standard but instead whether the tunities. These are two other models early childhood education. This is so school is helping every kid grow. that help students earn college credit important. The achievement gap be- The only thing I liked about No Child while in high school, and by partici- tween disadvantaged students and Left Behind was the name. Yet, every pating and succeeding in these pro- their peers is evident before they enter teacher started teaching to the mid- grams, students can save a lot of kindergarten. dle—teaching to the kids who are just money toward college by getting col- Early childhood programs can help below or just above that artificial line lege credits. narrow this gap. In fact, high-quality of proficiency. That was a perverse in- The academic programs I have men- early childhood education programs centive not to focus on the kid above tioned are critical to our children’s not only help prepare our children for the line or below the line. Every child success in school, but many kids also school, study after study shows there is achieves. That is what we are going need additional support to help them a tremendous return on investment in for. succeed in school. For example, school high-quality early childhood edu- This amendment will go a long way counselors respond to a wide range of cation, ranging from $7 to $16 for every toward improving the quality of assess- student needs, from dealing with the $1 spent. Kids who attend a high-qual- ments used in our schools and will give aftermath of traumatic events to ity early childhood program are less

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.073 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4937 likely to be special ed kids or to need has not been an altogether difficult President’s call for scrutiny, the Ten- special education programs, less likely case to make. Indeed, the data has re- nessee insurance commissioner was to be held back a grade. They have bet- peatedly shown that ObamaCare, de- quoted as saying she would ask ‘‘hard ter health outcomes, the girls are less spite the many claims of its pro- questions of companies we regulate to likely to get pregnant in adolescence, ponents, simply is not working. We protect consumers.’’ Forgive me, but I they are more likely to graduate high have seen more evidence of this in just fail to understand what hard questions school, more likely to go to college and the past few days. For example, in a re- there are to ask. If I own a business graduate from college and have a good cent New York Times article, we all that takes in $100 million in revenue job and pay taxes, and much less likely read about the dramatic proposed in- but pays out $120 million in expenses, I to go to prison. creases in health insurance premiums will not be solvent for very long. I have been a big supporter of invest- due to ObamaCare’s expensive man- What is perhaps most disconcerting ing in early childhood programs for dates and regulations. to me in all of this are the responses years because it is simply just common Now, many plans are proposing rate these patients get from officials in the sense to do. That is why I support Sen- increases that average 23 percent in Il- Obama administration. For example, in ator CASEY’s amendment. More gen- linois, 25 percent in North Carolina, 31 response to concerns about those pre- erally, No Child Left Behind is long percent in Oklahoma, 36 percent in mium hikes, Health and Human Serv- overdue for the right kind of reform. Tennessee, and 54 percent in Min- ices Secretary Burwell recently argued that patients should not worry because With the leadership of Chairman ALEX- nesota. I don’t know about the Pre- there are tax subsidies available to ANDER and Ranking Member MURRAY, siding Officer, but my constituents find my colleagues and I on the HELP Com- this unnerving. After all, one of the help cover the cost. She also said they mittee have worked hard to incor- President’s chief justifications for his could simply shop for cheaper plans on porate the lessons we have learned health care law was that it would actu- the exchanges during the next open en- rollment period. from teachers, students, parents, and ally bring down the cost of health care. Of course, in a world where insurance school administrators and put them Once again, we are seeing that this is plans across the country are requesting just another one of the many empty into this legislation. rate increases of 26—well, 20, 30, 40, or We have made tremendous progress ObamaCare promises. even 50 percent or more, one has to on this bill, but we still have some But even more frightening than these wonder just how many cheaper plans proposed rate increases are the root work to do before it becomes law. We will be available and how many sac- causes of the increases. In the recent need to close the achievement gaps in rifices patients will have to make in New York Times article, Nathan T. this country. That means we should ex- their care in order to get significant pect States to focus on all of their stu- Johns, the chief financial officer of savings. While many seem to believe dents, including low-income and mi- Arches Health Plan, which operates in the Affordable Care Act received a re- nority students. At its core, the Ele- my home State of Utah, was quoted as prieve from the Supreme Court, I think mentary and Secondary Education Act, saying: ‘‘Our enrollees generated 24 we are actually witnessing a downward passed first in 1965, is a civil rights bill percent more claims than we thought spiral of ObamaCare. I cannot help but that was intended to improve equality they would when we set our 2014 rates.’’ question what supposed solutions my and expand opportunity for disadvan- This, according to Mr. Johns, led to a friends on the other side of the aisle taged students. collection of just under $40 million in will come up with next. So I look forward to continuing to premiums, while the company had to Anyone who is being honest and who work with my colleagues to strengthen pay out more than $56 million in is listening to the American people the accountability provisions in this claims for 2014. As a result, Arches should recognize that ObamaCare needs bill. I urge my colleagues to support Health Plan has proposed rate in- to be replaced with real, patient-cen- the Every Child Achieves Act of 2015 so creases averaging 45 percent for 2016 in tered reforms that are designed not to we can keep working to support all of order to remain viable. Now, I know control the marketplace but to actu- our Nation’s students. this was not at all the intention of my ally reduce the costs for hard-working Finally, I want to flag something Democratic colleagues who voted for patients and taxpayers. I am a co- that is very important to me. I have a this bill, but it is because of this and a author of such a plan, which we have pending amendment to Every Child myriad of other unintended con- called the Patient CARE Act. This leg- Achieves that I care an enormous sequences that ObamaCare has consist- islative proposal, which I have put for- amount about, the Student Non- ently polled below 50 percent approval ward along with Senator BURR and discrimination Act, which will give since the day it was signed into law. Chairman FRED UPTON in the House, LGBT—lesbian, gay, bisexual, and Indeed, according to a compilation by will reduce the cost of health care in transgender students the protection Real Clear Politics, of the 405 polls col- this country without all of the expen- they need and deserve in school. I will lected since the law passed in March of sive mandates and regulations that are come back to the floor to discuss that 2010, 391 reported a majority of Ameri- causing these major increases in health amendment at length. cans opposing or having negative views insurance premiums. I yield the floor. toward ObamaCare. Unfortunately, I have talked about our proposal The PRESIDING OFFICER. The Sen- President Obama seems to be discon- many times on the floor. I will con- ator from Utah. nected from this reality. In a recent tinue to do so. I know there are other f trip to Tennessee, the President called ideas out there, and I think we should for consumers to put pressure on State consider and evaluate those as well. OBAMACARE insurance regulators to scrutinize the Put simply, I am willing to work with Mr. HATCH. Mr. President, I rise to proposed rate increases. He then sug- anyone on either side of the aisle to fix talk about an issue that will have seri- gested that if commissioners do their our Nation’s health care system and to ous negative consequences on the lives job and actively review the rates, his protect the American people from the and the livelihoods of millions of ‘‘expectation is that they’ll come in negative consequences of this mis- Americans and threaten our already significantly lower than what’s being guided law. muddled and beleaguered health care requested.’’ My hope is that more of our col- system. Ever since the partisan and But as Roy Vaughn, vice president of leagues on the other side will eventu- rushed passage of the so-called Afford- the Tennessee BlueCross plan stated: ally see what the majority of the able Care Act, I have come to the floor There’s not a lot of mystery to it. We lost American people have seen for more dozens of times to shine a light on the a significant amount of money in the mar- than 5 years: The problems with problems associated with this law and ketplace, $141 million, because we were not ObamaCare are not minor flaws that to call for a swift repeal and replace- very accurate in predicting the utilization of can be fixed with a little regulatory ment. health care. tinkering. They are fundamental flaws. I have not been alone. Many of my Yet President Obama fails to grasp The only answer is real reform, colleagues have been working to make the simple mathematics of the prob- which addresses the skyrocketing costs this case as well. Truth be told, this lem. He is not alone. In response to the of health care in America.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.078 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4938 CONGRESSIONAL RECORD — SENATE July 9, 2015 With that, you can see that I am Vietnam war. I had the privilege to tle sculpted a 6-foot-5-inch bronze stat- very, very concerned about ObamaCare learn from families of North Dakotans ue of a soldier saluting the panels of and the fact that it is breaking Amer- who died in the war about their loved names. ica. It is not working. Costs are going ones—who their loved ones were and I really can’t wait to see this memo- up in a rapid basis. People are not who they hoped they would be. rial when it is completed and to thank being well served. The emergency Before speaking today about some of Dave for his vision and hard work. rooms, which were supposed to be the 198 North Dakotans who didn’t re- Now I wish to talk about Carl Berger spared from all of this, are just full of turn home from Vietnam, I publicly and 10 other North Dakotans who gave Medicaid and Medicare patients who thank Dave Logosz for his service to the ultimate sacrifice during their cannot find doctors now. Doctors are our State and our Nation. service to our country. leaving the profession because of Dave is a Vietnam veteran from CARL BERGER, JR. ObamaCare, in large measure, and we Dickinson. Dave had plans to become a Carl Berger, Jr., a native of Mandan, can’t get help to those who really need mechanical engineer and enroll at was born August 23, 1948. He served in the help because of the many restric- Dickinson State University in art and the Army’s 25th Infantry Division. Carl tions in ObamaCare. engineering. After his first quarter, he was 21 years old when he died on April All I can say is that sooner or later decided to enroll in NDSU instead, but 3, 1970. we have to get off of our high horse, he was drafted before classes in Fargo Carl was the youngest of 13 children look at this, and look at it in a very ef- began. who grew up on the family farm. His fective, nonpartisan way, and either In 1969, he landed in Vietnam in the nieces and nephews remember him as change it or get rid of it and replace it Army’s 25th Infantry Division as a their fun-loving uncle. Growing up, with something that will work much sniper. He says that his year in Viet- Carl attended high school at the better and will be something the Amer- nam was a long, tough one. He was in- Richardton Abbey and played the ican people can live with. jured more than once while serving French horn. There were approximately 35 million there. Carl’s siblings remember having fun people who did not have health insur- After David returned, he suffered on their farm herding sheep and work- ance before ObamaCare. That was a big from post-traumatic stress, but he ing together in the fields with the cat- issue. The President has cited that didn’t admit it until several years ago. tle and chickens. His sister Marian said many times. Guess how many don’t He says the VA counseling that he has that Carl was a genuine hard worker, have insurance now with ObamaCare— received has made a huge difference for and she is grateful that her children how about 30, 35 million people. him. had an opportunity to know a man as So has this just been a big boon- After his service in Vietnam, Dave wonderful as their Uncle Carl. doggle so the President can take credit worked for over two decades at the Carl was killed in Vietnam less than for something that doesn’t work or are Dickinson plant until it closed, and 2 months after starting his tour of we going to do the thing that we all then he worked for the North Dakota duty. should as Members of Congress in the Department of Transportation. He says The family cherishes the memories of best interests of our citizens and he is happily retired now. that last Christmas they all spent to- change this bill and get one that really Dave belongs to every veterans serv- gether before Carl went to Vietnam. does work? ice organization he knows of. A few Carl’s parents were devastated by his With that, I suggest the absence of a years ago, he and his wife hopped on death, but they were also very proud of quorum. Dave’s Harley and rode from coast to their son, who served their country. The PRESIDING OFFICER. The coast on a veterans memorial bike Carl’s funeral was held during a bliz- clerk will call the roll. ride. They ended their trip at the Viet- zard, but despite that bad weather, the The legislative clerk proceeded to nam Veterans Memorial wall in Wash- church was full. call the roll. ington, DC—among a total of over LAURENCE ZIETLOW Ms. HEITKAMP. Mr. President, I ask 68,000 motorcycles and 911,000 people Laurence Zietlow, a native of New unanimous consent that the order for who were there. There Dave saw for the Salem, was born August 30, 1928. He the quorum call be rescinded. first time the name of his fellow sol- served as a sergeant major in the The PRESIDING OFFICER. Without dier, Carl Berger, also from North Da- Army. Laurence was 39 years old when objection, it is so ordered. kota. he died on October 3, 1967. f Dave was with Carl when he was Laurence’s desire to join the Army killed in Vietnam, and Dave carried was so strong that he enlisted before HONORING VIETNAM VETERANS Carl off the battlefield. Dave said that graduating from high school. During AND NORTH DAKOTA’S SOLDIERS the experience of seeing Carl’s name his graduation ceremony, his diploma WHO LOST THEIR LIVES IN VIET- and visiting the Vietnam Veterans Me- was given to his mother, Sophie NAM morial wall was emotional and heart- Zietlow. Ms. HEITKAMP. Mr. President, once warming, and it gave him an idea. To Prior to serving in Vietnam, Lau- again we find ourselves on a Thursday give something back to his own com- rence also spent tours of duty in Japan, afternoon doing some final business be- munity, Dave decided to build a vet- Germany, and Korea. Laurence’s sister fore everybody returns home to meet erans memorial honoring all service- Leone said that a lot of Laurence’s with their constituents and do that members from Stark County. friends have told her how great a guy work. I must say how much I appre- So 3 years ago, inspired by the Viet- he was and that he would have given ciate your kind words and your atten- nam Veterans Memorial wall in Wash- the shirt off his back. Laurence’s sister tion when we have been talking about ington, DC, he began with his idea for Helen told her local newspaper that he those North Dakotans who were killed a memorial in Dickinson. He expects to didn’t talk about many experiences in action in Vietnam. have the memorial completed this from Vietnam, but he did describe buy- This week the Senate commemorated summer. ing gifts for Vietnamese children living that 50-year anniversary, and I know The city of Dickinson donated space in orphanages. there are so many Members who care for the memorial park, and the memo- Laurence was killed in Vietnam when deeply. I know the Presiding Officer is rial will consist of concrete and a landmine exploded near him. He was among those Members. So I thank the Vermont granite, listing the names of recognized with several awards, includ- Presiding Officer for his attention and every person from Stark County who ing the Air Medal, the Military Merit his appreciation for the sacrifices of has served in the military since the Medal, the Gallantry Cross with Palm the men who I talk about weekly. Civil War and will include space for fu- Medal, the Purple Heart, and the I rise today to speak about the men ture names. Bronze Star. from North Dakota who died while The entire memorial is 100 feet in di- In addition to his mother and sib- serving in the Vietnam war. We are ameter, includes 14 granite benches, lings, Laurence was survived by his currently in a 13-year commemoration and hundreds of bricks that individuals three children: Larry, Terry, and period honoring the veterans of the can personalize. Local artist Linda Lit- Kristi.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.080 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4939 KENNETH ‘‘KENNY’’ JOHNER always spoke highly of him, Douglas I want to thank the Bismarck High Kenneth ‘‘Kenny’’ Johner enlisted did very well in college. School 11th graders and Gerald’s fam- while living in Noonan, and he was His two sisters, Barbara and Renee, ily who have shared with us these facts born on December 29, 1946. He served in remember how soft-spoken and helpful about Gerald’s life. the Marine Corps’ 3rd Marines, 3rd Ma- Douglas was. Renee, the youngest in FLORIAN KUSS rine Division. Kenny died on March 21, the family, was Douglas’s pet. He al- Florian Kuss was from Strasburg, 1967. He was only 20 years old. ways looked out for her and he was a and he was born December 28, 1946. Kenny was the third of 15 children. very loving brother. Florian served in the Army’s 196th In- He enlisted in the Marines right after In his free time, Douglas liked to fantry Brigade, Americal Division. graduating from Noonan High School. drive around in his father’s 1962 Chev- Florian died January 5, 1968, just days He and two of his brothers, Gene and rolet Impala that had a high-perform- after he turned 21 years old. Jerry, made North Dakota history as ance engine. His brother Dean remem- There were seven children in his fam- the first three brothers in the State to bers that Doug and his brothers would ily. Florian’s two brothers, Victor and enlist in the Marines at the same time. race the car down the street, putting Frank, also served their country in the Two other brothers, George and Brian, the other cars in Jamestown to shame. military. also joined the Marines later. Dean remembers Douglas being so Florian grew up working on his fam- Their mom Helen says the oldest strong he could lift a John Deere 620 ily’s farm, where they raised dairy three boys were so close that one tractor with the loader attached to it. cows, chickens, pigs, wheat, oats, corn, wouldn’t even go to prom if the others For fun, Douglas used his extraor- and alfalfa. Florian’s plan after com- didn’t. dinary strength to compete in gym- pleting his service was to return to the Regarding his service in Vietnam, nastics. family farm and continue his farming Kenny told his mother many times, Douglas had plans to start his own career. ‘‘God has a different plan for me. I am farm outside of Jamestown when he re- His brother Art said the family ap- on a special mission and I won’t be turned from Vietnam, but he was killed preciates the time Florian spent taking here very long.’’ when a grenade exploded near him. care of their sick father before Florian In Vietnam, a few days before Kenny GREGORY LUNDE was drafted. Their father died less than was scheduled to travel to Okinawa to Gregory Lunde was from Westhope. a year after Florian was shot and meet his brother Gene for R&R, Kenny He was born December 8, 1946. He killed in Vietnam. was wounded. About 3 weeks later, served in the Marine Corps’ 1st Tank Florian’s sister Betty said Florian’s death caused a hole in the family that Kenny died from his wounds. Battalion, 1st Marine Division. Greg- will never be filled. They think about In appreciation for the sacrifices he ory was 21 years old when he died on made, Kenny’s family has named a Florian all the time. February 6, 1968. Florian was awarded the Purple nephew and a grand-nephew after him. Gregory had one sister, Toni. She Heart, the Good Conduct Medal, and RONALD ‘‘COOKIE’’ MCNEILL said she called him Greg and that he the Bronze Star for Valor in recogni- Ronald ‘‘Cookie’’ McNeill was born was always happy and clean and metic- tion of his service and sacrifice. March 29, 1949, and he was from Mott. ulous. She is thankful to him for car- DAREL LEETUN He served in the Marine Corps’ 1st Bat- ing for her after their mother died Darel Leetun was from Hettinger, talion, 7th Marines, 1st Marine Divi- when Toni was 13. and he was born December 24, 1932. He sion. He was 21 years old when he died After high school, Greg attended served as a pilot in the Air Force. on August 4, 1970. business school in Minneapolis to pre- Darel was 33 years old when the plane Ronald was one of four children and pare himself to return to Westhope and he was flying was shot down on Sep- everyone called him Cookie. He got the help his father run a meatpacking nickname Cookie as a baby because his tember 17, 1966. plant. Growing up, Darel enjoyed sports, 4– older brother Rick couldn’t say Ron, so Toni loved the care packages Gregory H, and spending summers at his aunt’s he named him Cookie and the name often sent her from Vietnam. He farm near Fessenden. He was the oldest stuck. thought he was pretty funny when he of four children, and his siblings appre- Rick said Ronald loved hunting and mailed Toni a kimono and joked she ciate how he cared for and supported fishing, and Rick remembers the times would have to lose some weight to fit them and their mother after their fa- the boys were playing hockey together into it. ther died when they were all young. on a nearby river and ended up with 11 Gregory was killed in Vietnam when Darel’s family said he got along with stitches between the two of them. he was shot while riding on a tank. people well and had great leadership Ronald joined the Marine Corps GERALD ‘‘GERRY’’ KLEIN skills. His sisters Janelle and Carol shortly after graduating from high Gerald ‘‘Gerry’’ Klein was born April said Darel never put himself first. school. He died less than 3 months 29, 1946. He was from Raleigh, ND. He Right after graduating from NDSU, after starting his tour of duty in Viet- served in the Army’s 1st Infantry Divi- Darel spent time teaching about agri- nam. sion. Gerald died May 4, 1968, just days culture in India. He then joined the Air In addition to his siblings, Ronald after he had turned 22 years old. Force and was stationed in England, left behind his wife Beverly and their He was the oldest of five children, Japan, and Vietnam. son Barry. and his family and friends always In Vietnam, Darel completed nearly DOUGLAS KLOSE called him Gerry. He grew up on the 100 flying missions before his plane was Douglas Klose was from Jamestown, family’s farm. His siblings said that hit by ground fire and crashed. The Air and he was born June 14, 1947. He while growing up, Gerald spent free Force presented Darel with many served in the Army’s 1st Infantry Divi- time either working on the farm or on awards, including the Air Force Cross, sion. Douglas died on October 27, 1968. the family car. in recognition for his extraordinary He was 21 years old. While Gerald was home on leave, he heroism that day. His Air Force Cross Douglas—or Doug, as he was known became engaged to his girlfriend. After citation read, in part: by many—grew up on a dairy farm. He completing his service in Vietnam, he Captain Leetun led a mission of F–105 had five siblings. According to his sis- planned to live on the family farm with Thunderchiefs against a heavily defended ter Barbara, when he was young, Doug- his future wife. high priority target near Hanoi. Undaunted las walked around the yard picking up His brother Bob said that Gerald was by intense and accurate flak, deadly surface- ‘‘treasures’’ and stored them in his a strong, brave man who wanted to be to-air missiles, and hostile MiGs, Captain pockets. Douglas’s uncle gave him the happy. His family appreciates the let- Leetun led his flight through this fierce en- nickname ‘‘Hunk of Junk’’ because he ters he sent them while serving. vironment to the crucial target. The day he died, Gerald was injured On the bomb run, Captain Leetun’s always had junk in his pockets. Thunderchief was hit by hostile fire, becom- Douglas’s appreciation for his family but chose to continue fighting. Shortly ing a flaming torch and nearly uncontrol- farm extended into college. He at- after, he was shot and killed. He would lable; however, Captain Leetun remained in tended NDSU and studied animal have only had a very few weeks left of formation and delivered his high-explosive science. According to his adviser who his service in Vietnam. ordnance directly on target.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.082 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4940 CONGRESSIONAL RECORD — SENATE July 9, 2015 After bomb release, Captain Leetun’s plane to visit them about Valarian and his before- and afterschool programs, pro- went out of control and was seen to crash ap- heroic death and how he saved their grams where there is real evidence that proximately 10 miles from the target area. lives. they can make a difference in terms of Through his extraordinary heroism, superb airmanship, and aggressiveness in the face of Valarian was killed 1 week before his helping these youngsters. hostile forces, Captain Leetun reflected the tour of duty was scheduled to end, on This is not an issue just in my State. highest credit upon himself and the United his brother Bobby’s high school grad- There are more than 2,000 of these States Air Force. uation day. schools nationwide. Because these Over 39 years later, in 2005, Darel’s Bobby also served in Vietnam. Bobby schools are in a very difficult spot remains were identified, and he was was drafted and served in Vietnam when it comes to securing Federal re- buried with full military honors at Ar- shortly after Valarian was killed. He is sources, too often the students suffer, lington National Cemetery. now suffering from cancer caused by and, in my view, the lack of resources Darel’s widow Janet, son Keith, and exposure to Agent Orange in Vietnam. for these schools often contributes to daughter Kerri have been honored to Valarian was included in the 1969 Life sky-high dropout rates. What I will discuss here briefly is hear from airmen who flew with Darel Magazine feature titled ‘‘The Faces of how this proposal I have worked for is who told the family that Darel was one the American Dead in Vietnam: One going to make the school improvement of the best pilots they ever flew with. Week’s Toll.’’ That article listed 242 Darel’s son Keith was just 6 years old Americans killed in 1 week in connec- grants easier for middle and high when his father died. But through prov- tion with the conflict in Vietnam. Life schools to obtain and use to help these idence, Keith has been connected to his Magazine published photos for almost students, whom we want to see grad- father. He is especially grateful for the all the men killed and wrote the fol- uate and make their way to productive lives as citizens and workers. day in 1992, at a Virginia golf course, lowing in that article: If a failing school has 40 percent or when he met his father’s wingman from More than we must know how many, we more low-income students, it would be- must know who. The faces of one week’s the final mission. That wingman’s come eligible for assistance. These name is Mike Lanning. When Mike dead, unknown but to families and friends, are suddenly recognized by all in this gallery Federal dollars can be used, as I indi- learned that Keith was Darel’s son, cated, to fund programs that really Mike said: of young American eyes. My intentions for speaking about the work, such as extended learning pro- Your dad was the heart and soul of the grams, programs that would be avail- squadron. He was my mentor and best friend. North Dakotans killed in Vietnam are similar. We must know more than how able during the weekend or perhaps Mike and Darel’s siblings have all during the summer. The funds can be told Keith that Darel was always going many, we must know who. Mr. President, I yield the floor. used to prevent dropouts and encour- to bat for people until the day he died. age students who have already dropped Darel was not scheduled to fly that day The PRESIDING OFFICER. The Sen- ator from Oregon. out to reenter the educational system. but did so because another man Schools can find other ways to help couldn’t. f students stay at it and get through to Keith is currently writing a chil- EVERY CHILD ACHIEVES ACT graduation day. This will be a signifi- dren’s book highlighting how some- cant improvement over the status quo. thing as bad as his father’s death could Mr. WYDEN. Mr. President, this week we are having a particularly im- What it does is provides support where turn into something positive, such as it is needed most, and it will help us learning about and telling inspiring portant debate. Fortunately, it is a bi- partisan debate. Great credit is owed to get more value out of scarce dollars to stories of heroes. approach the challenge of helping stu- Senator ALEXANDER and Senator MUR- RALPH MCCOWAN dents who are dropping out to get back Ralph McCowan was from Trenton. RAY for their work on the Every Child Achieves Act. This bill is a significant in the system and graduate. He was born April 26, 1948. He served in I am also pleased to see the inclusion piece of legislation because educational the Army’s 41st Artillery Group. Ralph of several provisions championed by opportunity in America is a right died April 3, 1968, a few weeks before he my colleague Senator BOXER to create which should start at birth and last a would have turned 20. more opportunities for students to en- lifetime. There were nine children in his fam- roll in afterschool programs and sum- As a parent, I know that mothers and ily, and his father, brothers, sisters, mer learning programs. In today’s fathers want their kids to be able to uncles, and nephews also served our economy, with so many families walk- country in the military. Ralph’s broth- climb the economic ladder throughout ing on an economic tightrope—parents er, Gene, said service to our country their lives. That effort begins with a working long hours, multiple jobs—the was deeply rooted in their family. top-flight education. In my view, the fact is, there can’t always be a parent Ralph told his family he wanted to be Every Child Achieves Act is a good step around at 3 in the afternoon when kids a warrior and do his part. He was an toward expanding opportunity for stu- get out of school or during the summer dents nationwide. It is built around the unassuming man who had a love for months. Senator BOXER really took the horses and a love for people. Gene said proposition that each school, each dis- initiative for the 21st Century Commu- Ralph had a short life but a good one. trict, and each community is different. nity Learning Centers Program and the Ralph served for 69 days in Vietnam So rather than resorting to the sort of After School for America’s Children before he was killed at his fire base one-size-fits-all policies, this legisla- Act. Both of them are worthy of sup- camp. The family cherishes their tion focuses on trying to build on port because they go to bat for stu- memories of their last Christmas to- smart ideas, ideas with real promise dents by providing extra learning op- gether in 1967. that are actually going to make a big portunities for children both after VALARIAN LAWRENCE FINLEY difference in classrooms. school and in the summer. Valarian Lawrence Finley was born I am going to get to several amend- There are other key elements in this November 17, 1947. He was from ments I want to highlight, but I wish legislation, but the Senate ought to Mandaree. He served in the Marine to start by recognizing some vital com- seize the opportunity in this debate to Corps’ Kilo Company, 3rd Battalion, ponents of the legislation I have make some significant improvements. 5th Marines, 1st Marine Division. strongly supported. The Every Child Achieves Act can go a Valarian was 21 years old when he died The most important proposal I have lot further to raise graduation rates. in May of 1969. worked on is one that focuses on rais- There are more than 1,200 high schools, Valarian was the third youngest of 13 ing graduation rates. This is one of the serving more than 1.1 million kids, children born to Louise and Evan Fin- major economic challenges in my home that are failing to graduate a third or ley. Valarian’s family and his friends State and many other States across more of their students each year. Too called him Gus. He had plans to run a the country. In Oregon, more than 100 often, it is the minority youngsters cattle ranch after returning home from high schools with high rates of poverty who live in economic hardship who at- Vietnam. are blocked from tapping into Federal tend these schools. Valarian’s siblings are grateful for resources that can help important pro- Senator WARREN and I are on the Valarian’s fellow marines reaching out grams—programs such as mentoring, same page with respect to the need to

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.083 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4941 make it possible for more of the young Achieves Act is a good step in that di- dent Boyd K. Packer—a man of integ- people who go to these schools to get rection. I urge my colleagues to sup- rity, kindness, courage, and candor to graduation. Her amendment would port these important amendments. whose commitment to Christ defined a help identify the struggling schools I yield the floor. lifetime of service. President Packer and provide some fresh approaches to I suggest the absence of a quorum. passed away peacefully in his home help turn them around—a smart idea The PRESIDING OFFICER (Mr. last week with his loving wife and chil- that I believe warrants bipartisan sup- SASSE). The clerk will call the roll. dren gathered at his bedside. Along port. The senior assistant legislative clerk with his family, I join millions of proceeded to call the roll. Finally, I have just a couple other Christians worldwide in mourning the Mr. MCCONNELL. Mr. President, I approaches that I think are particu- ask unanimous consent that the order loss of a man who served faithfully for larly valuable in terms of this debate for the quorum call be rescinded. many years as the president of the and particularly how we can use the The PRESIDING OFFICER. Without Quorum of the Twelve Apostles in the machinery of the Federal Government objection, it is so ordered. Church of Jesus Christ of Latter-day to play a constructive role in terms of Saints. As an apostle, President Pack- f education at the local level. er’s teachings brought strength to the Senator BOOKER and I have worked RECOGNIZING THE 150TH ANNIVER- weary and hope to the hopeless. For for an amendment that tries to help SARY OF THE SECRET SERVICE those of us who mourn, we turn to homeless children and foster young- Mr. HATCH. Mr. President, I rise these teachings to find peace amid the sters graduate from high school. Once today to pay tribute to the U.S. Secret sadness of his passing. again—and we can see it in kind of Service and to commemorate its 150th Even as we grieve the loss of a leader, what undergirds my remarks here—the anniversary. we celebrate the life of a friend. Presi- focus is on trying to create oppor- In 1865, Congress created the Secret dent Packer was a man whose selfless tunity for young people who constantly Service to combat the production and nature often masked his greatness, but are out there swimming upstream. The distribution of counterfeit currency in not even his humility could hide a life- hurdles these youngsters face are obvi- post-Civil War America. At the time, time of achievement. From humble be- ously large. Many of them move fre- currency counterfeiting was a fast- ginnings in Brigham City, UT, Presi- quently, constantly, from one place to growing and serious threat to our Na- dent Packer developed as a teacher and another throughout their lives. As a re- tion’s financial and economic stability. later as a leader in the Church of Jesus sult, it is hard for them to feel any In 1901, following the assassination of Christ of Latter-day Saints. connection to the school, to feel some President William McKinley, Congress President Packer’s upbringing was sense of stability. What Senator BOOK- further directed the Secret Service to modest to say the least—-his father ER and I would seek to do is to make it take responsibility for the protection was a service station operator and his easier for school districts and policy- and safety of the President of the mother was a homemaker. Raised makers to try to help those school dis- United States. against the backdrop of the Great De- tricts provide additional support for Today, 150 years after the Secret pression, he learned from an early age those youngsters who are homeless and Service’s founding, the men and women never to take anything for granted, es- those children who are in the foster of the Secret Service continue to serve pecially the freedoms we enjoy as care system. with quiet confidence across the United Americans. Finally, Senator FRANKEN has offered States and around the world as they President Packer would later defend an important proposal—the Student protect our Nation against threats those freedoms when he enlisted in the Non-Discrimination Act—that provides both foreign and domestic. From ensur- Army Air Corps during World War II. strongly needed protection for LGBT ing the security of the President, other As a pilot serving in the Pacific The- students. Schools ought to be safe and senior government officials, and events ater, President Packer flew dozens of welcoming places that assist every of national significance, to protecting dangerous missions and continued to the integrity of our currency and in- child in getting ahead and thriving. If serve after the war when he and his fel- vestigating crimes against our finan- schools—particularly for the young- low soldiers worked to rebuild the cial system, the U.S. Secret Service sters I have talked about in my re- shattered nation of Japan. Although plays a critical role in our Nation’s marks—aren’t challenging enough, it is President Packer dreamed of flying safety and continued success. The con- hard to imagine how much harder it planes as a young boy, it was during tributions, sacrifices, and achieve- gets for a youngster who faces harass- his military service that he discovered ments of the Secret Service over the ment or discrimination because of last 150 years have made the agency an his true life calling: to become a teach- their sexual orientation. The Franken indelible part of our Nation’s identity. er. amendment goes a long way to protect The five points of the Secret Service When he returned to the United LGBT students and their friends at star represent the Service’s core values States, President Packer pursued that school and prevent them from feeling of duty, justice, courage, honesty, and goal through his studies, eventually they have to skip class to avoid bul- loyalty. These values have been the Se- earning a doctorate in education ad- lying. cret Service’s foundation for the past ministration from Brigham Young Uni- In wrapping up, the kinds of pro- century and one-half and will continue versity. He quickly distinguished him- posals I have outlined—starting with to be the foundation on which the self as an LDS Seminary teacher and the effort to try to prevent students Service’s next 150 years—and the Na- later became the chief supervisor over from dropping out and getting up the tion’s security—are grounded. the Church’s seminary programs and graduation rates—this is all about On this, the 150th anniversary of the Institutes of Religion. When President helping students get ahead through U.S. Secret Service, I call upon my col- Packer was just 45 years old, he be- education, to expand opportunities for leagues and upon all Americans to rec- came an apostle—a calling he would these young people throughout their ognize the tremendous contributions serve in and magnify until the day he lives through education. the Secret Service has made to our Na- died. Even as an apostle, President What the focus of the Senate ought tion’s safety and well-being. I also ex- Packer still saw himself as a teacher, to be is to make sure that no matter press my thanks to the thousands of and he endeavored to expound truth in where a child lives or how much his or dedicated Secret Service agents and simple ways that all could understand. her parents earn or what obstacles employees who devote their time and The candor and clarity of his teachings they face—the message ought to be, energy to keeping our Nation, and our touched the hearts of millions, as did here in the Senate, with every Demo- leaders, safe and secure. President Packer’s genuine love for crat and every Republican, picking up f those he served. on what Chairman ALEXANDER and As a soldier and an educator, an ad- Senator MURRAY have said, that this REMEMBERING PRESIDENT BOYD ministrator and an apostle, President bill will help to drive home the prin- K. PACKER Packer served in many different capac- ciple that hard work in school leads to Mr. HATCH. Mr. President, I rise ities throughout his life. But first and success. I believe the Every Child today to honor the memory of Presi- foremost, he served as a husband and a

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.085 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4942 CONGRESSIONAL RECORD — SENATE July 9, 2015 father. For President Packer, father- reers and strong families. More than a chemical defoliant Agent Orange, to hood was a sacred responsibility that few went on to serve in Congress and the agonies of post-traumatic stress. took precedence over everything else. we have benefited greatly from their Fifteen years ago, Congress author- He was a father of 10, a grandfather of wisdom and continued commitment to ized the placement of a plaque near 60, and a great-grandfather of 103. Nei- duty. ‘‘The Wall’’ to honor these ‘‘men and ther work nor church service could I think of my friend, Senator JOHN women who served in the Vietnam War keep him from caring for those he MCCAIN, who endured unspeakable cru- and later died as a result of their serv- loved most. President Packer always elty for years as a prisoner of war in ice.’’ We remember and honor their set aside time for his family, and at North Vietnam. He could have been re- service, too. every opportunity, he sought to edu- leased from that hell years earlier but Every American my age and a decade cate his children and instill in them he refused to leave while other Amer- or so younger knows someone who died the anchor of faith—the same enduring ican servicemembers remained captive. in Vietnam or a friend whose father, faith that inspired all who heard his Senator MCCAIN has been a powerful brother or husband never came home. teachings. voice in calling for America to honor These young men are still missed deep- President Packer’s devotion to God our commitments under the Geneva ly by their families and friends and re- was steady and unwavering, but just as Conventions to never use torture—to membered by a grateful nation. The city I grew up in, East St. Louis, sure and steadfast as his faith was his remain true to our word and our values IL lost 56 young men in Vietnam. wife, Donna, his constant companion even in war. I respect him deeply for and able helpmeet who stood by his The City of Chicago lost 959 young his principled stand. men in the Vietnam war. Let me tell side for more than 67 years. In his final I think of other friends and former address to members of the LDS Church, you about one of them: Marine Lance members of this Senate who served in Corporal Mike Badsing. He was among President Packer expressed tender feel- Vietnam. Bob Kerrey, the former Gov- ings for Donna: those first 3,500 Marines who landed at ernor and U.S. Senator from Nebraska, Da Nang 50 years ago—a rifleman in When it comes to my wife, the mother of lost a leg while serving as a Navy our children, I am without words. The feel- the 3rd Marine Division, 1st Battalion, SEAL in Vietnam. He was awarded the 9th Marines, C Company. The 1st Bat- ing is so deep and the gratitude so powerful Congressional Medal of Honor. that I am left almost without expression . . . talion suffered the highest casualty I am grateful for each moment I am with her Chuck Hagel, another Nebraskan, rate of any Marine battalion in any side by side and for the promise the Lord has served as an Army sergeant in Vietnam war—a grim distinction that led North given that there will be no end. alongside his brother Tom. He came Vietnam’s Communist President Ho I know Donna finds peace in that home to build a successful business ca- Chi Minh to call them ‘‘The Walking promise, and I pray that her family reer, got elected twice to the U.S. Sen- Dead.’’ The nickname stuck. does too. May God’s love might abide ate, and went on to serve as America’s Mike Badsing attended St. Edward with them at this difficult time, and Secretary of Defense. grammar school, where he played foot- may His love be with all of us who John Kerry was a diplomat’s son— ball, basketball, and Chicago 16’’ soft- mourn the passing of President Boyd truly, a ‘‘fortunate son’’—who served ball. He was the youngest of five kids. K. Packer. with distinction in Vietnam as a Navy One of his older sisters is a nun today. lieutenant from 1966 to 1970. When he He left Chicago for Vietnam on f returned home, he became an eloquent Christmas Eve 1964. About 10 months FIFTY YEARS LATER, RECALLING voice among those calling for an end to later, Sept. 6, 1965, his platoon came THE VIETNAM WAR AND THOSE the war in which he had fought. He under fire and Lance Corporal Badsing WHO FOUGHT IN IT went on to serve his State of Massa- was hit in the abdomen by a sniper Mr. DURBIN. Mr. President, this chusetts as Lieutenant Governor and shot, becoming the first Chicago-area week the United States held a special then represented his State for nearly 30 Marine killed in combat in Vietnam. ceremony to commemorate one of the years in this Senate. He now represents He was buried in All Saints Cemetery longest wars in our Nation’s history— our Nation’s interest on the world in Des Plaines, IL. A half-century the Vietnam war. It was a ceremony to stage as U.S. Secretary of State. later, Marines still visit his grave, honor the men and women who served One of the bravest men I have ever often drinking a few Old Style beers in in that long and searing conflict, espe- met served in Vietnam and then served their friend’s memory. My adopted hometown of Springfield, cially the more than 58,000 young in this Senate. His name is Max IL—also President Lincoln’s adopted Americans who did not come home Cleland. Max went to Vietnam as a 6- foot, 2-inch marine. One day in Viet- hometown—lost 40 young men in com- from the battle. bat during the Vietnam war. Among The Congressional ceremony was nam he stepped on a landmine. The ex- them was an Army helicopter pilot held to commemorate what organizers, plosion ripped off both of his legs and named Captain Michael Davis one of his arms. Max Cleland went on including the Department of Defense, O’Donnell. call the 50th anniversary of the Viet- to serve in the Veterans Administra- Mike O’Donnell died on March 24, nam war. The milestone is a little am- tion under President Carter and later 1970, when a rescue helicopter he was biguous. You see, it was 50 years ago, as a member of this Senate—an amaz- piloting crashed in dense jungle in on March 9, 1965, that the first U.S. ing man. Cambodia, 14 miles over the Cambodia- combat forces—3,500 members of the In all, more than 153,000 U.S. service- Vietnam border. He had gone into Cam- 9th Marine Expeditionary Brigade—ar- members were gravely wounded in bodia to rescue a Special Forces recon- rived at the port city of Da Nang, in Vietnam—wounded seriously enough to naissance team that was about to be what was then the Republic of South require hospitalization. overrun by enemy soldiers. He and his Vietnam. Others sacrificed even more; 58,220 crew had gotten all eight members of The arrival of those young Marines American servicemembers were killed the Special Forces team safely on marked the beginning of a massive U.S. in action during the Vietnam war. board and were taking off when their military buildup that lasted nearly a The Americans who died in Vietnam ‘‘Huey’’ helicopter was hit twice by decade. But America’s military pres- ranged in age from 6 years old to 62. enemy missiles. It was 1 week before ence in Vietnam actually began several Six in 10 were just 21 years old or President Nixon announced publicly years earlier, with the deployment of younger. Their names are carved into that American forces were even in military advisors to assist the South that sacred slab of black marble, the Cambodia. Vietnamese armed forces. Vietnam Veterans Memorial, on the All 12 men aboard Mike O’Donnell’s All told, 9.2 million Americans served National Mall in Washington, DC. Huey died, but it wasn’t until 2001 that in uniform during the Vietnam war; 7.2 In the four decades since the end of their remains were identified and re- million Vietnam-era veterans are still the war, thousands more Vietnam vet- turned. Today, they lie buried together with us, along with 9 million families erans have died from physical and psy- at Arlington Cemetery. of Vietnam-era veterans. chic injuries suffered in that war— Mike O’Donnell was 24 years old Most of the men who served in Viet- dying from causes ranging from can- when he died. He was promoted post- nam came home to build successful ca- cers caused by exposure to the deadly humously to the rank of major.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.024 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4943 In addition to being a soldier, Mike homes. The program helps these fami- the Congressional Budget Act of 1974, O’Donnell was a talented musician and lies know that they are not alone and CBA. For fiscal year 2015, which is still a poet. During his life, he shared his not forgotten. enforced under the deemed budget reso- poems with only a few close friends. Today, 20,000 veterans who served in lution from the Bipartisan Budget Act After he died, soldiers in his unit found Iraq and Afghanistan participate in the of 2013, BBA, Senate authorizing com- a notebook he kept, filled with 22 of his caregivers program. That is more than mittees have increased direct spending poems, which they saved and brought five times the number the VA origi- outlays by $7.8 billion more than the home. nally estimated would sign up. agreed-upon spending levels. Over the Just as ‘‘In Flanders Fields’’ has be- The Veterans Caregiver Program fiscal years 2016–2025 period, which is come the unofficial homage to World doesn’t just help those families; it the entire period covered by S. Con. War I, a poem by Michael Davis helps American taxpayers. Caring for Res. 11, Senate authorizing committees O’Donnell has become the unofficial severely injured veterans in the care- have spent $22 million more than the poem of the Vietnam war. It begins givers program costs the VA $36,000 per budget resolution calls for. with the words, ‘‘If you are able, save veteran, per year. Compare that to the Table 2 gives the amount by which them a place inside of you.’’ Google average $332,000 per veteran, per year it the Senate Committee on Appropria- that line and you will find nearly 75,000 costs the VA to care for these veterans tions exceeds or is below the statutory hits. in nursing homes. spending limits. This information is Mike O’Donnell’s poem was carried in When we started the caregivers pro- used to determine points of order re- combat by untold thousands of men gram, we had to limit it to post-9/11 lated to the spending caps found in sec- who served in Vietnam. It was read at veterans and their families. But we tion 312 and section 314 of the CBA. the dedication of ‘‘The Wall,’’ the na- know now that it works. It saves fami- While no appropriations bills have been tional Vietnam War Memorial, in lies and it saves taxpayers money. enacted, subcommittees are charged Washington, DC. and it is etched into When he chaired the Senate Veterans with permanent and advanced appro- many smaller Vietnam memorials Affairs Committee, our colleague, Sen- priations that first become available across America. ator BERNIE SANDERS said repeatedly for fiscal year 2016. Here is the whole poem: that we should expand the Veterans Table 3 gives the amount by which If you are able, Caregivers Program. He was right. the Senate Committee on Appropria- save them a place So last March—nearly 50 years to the tions exceeds or is below its allocation inside of you day after those first, young Marines for Overseas Contingency Operations/ and save one backward glance landed in Da Nang—Senator BALDWIN Global War on Terrorism, OCO/GWOT, when you are leaving and I introduced a bill to expand the spending. This separate allocation for for the places they can program to U.S. veterans of all wars. OCO/GWOT was established in section no longer go. Our bill is called the VA Family Care- 3102 of S. Con. Res. 11, and is enforced Be not ashamed to say you loved them, givers Expansion and Improvement using section 302 of the CBA. No bills though you may Act. providing funds with the OCO/GWOT or may not have always. They were young once, but today the designation have been enacted thus far Take what they have left average Vietnam veteran is retired. for fiscal year 2016. and what they have taught you Many still struggle with old wounds The budget resolution established with their dying gained in service to our Nation. two new points of order limiting the and keep it with your own. As our Nation and this Congress use of changes in mandatory programs And in that time thank them for their service 50 years in appropriations bills, CHIMPS. Ta- when men decide and feel safe to call the war insane, ago, I hope that we can also work to- bles 4 and 5 show compliance with fis- take one moment to embrace gether in this Senate to provide Viet- cal year 2016 limits for overall CHIMPS those gentle heroes nam veterans the medical care and sup- and the Crime Victims Fund CHIMP, you left behind. port that they and their families need respectively. This information is used Captain Michael Davis O’Donnell today. for determining points of order under 1 January 1970 f section 3103 and section 3104, respec- Dak To, Vietnam tively. No bills have been enacted thus BUDGET SCOREKEEPING REPORT Less than 3 months after writing far for fiscal year 2016 that include those words, Mike O’Donnell died. Mr. ENZI. Mr. President, I wish to CHIMPS. Along with the 58,220 Americans who submit to the Senate the budget In addition to the tables provided by died there, the Vietnam war claimed scorekeeping report for July 2015. The the Senate Budget Committee Repub- the lives of more than one million Vi- report compares current-law levels of lican staff, I am submitting additional etnamese men, women and children. spending and revenues with the tables from CBO that I will use for en- It is fitting, and it is overdue, for amounts provided in the conference re- forcement of budget levels agreed to by America to thank all of those who port to accompany S. Con. Res. 11, the the Congress. served and sacrificed so much in the budget resolution for fiscal year 2016. Because legislation can still be en- Vietnam war. But we owe them more This information is necessary to deter- acted that would have an effect on fis- than speeches and ceremonies. As mine whether budget points of order lie cal year 2015, CBO provided a report for President Lincoln told us in his Second against pending legislation. It has been both fiscal year 2015 and fiscal year Inaugural Address, we have a solemn prepared by the Republican staff of the 2016. This information is used to en- duty ‘‘to care for him who has borne Senate Budget Committee and the Con- force aggregate spending levels in the battle.’’ gressional Budget Office, CBO, pursu- budget resolutions under section 311 of Six years ago I asked my friend, ant to section 308(b) of the Congres- the CBA. CBO’s estimates show that then-Senator Hillary Clinton, if I could sional Budget Act. current law levels of spending for fiscal introduce a bill she had been working This is the first report I have made year 2015 exceed the amounts in the on before she moved on to a bigger and since adoption of the 2016 budget reso- deemed budget resolution enacted in better gig. She agreed, and I introduced lution on May 5, 2015. I will provide the BBA by $8.0 billion in budget au- a bill creating what is now called the these reports periodically, generally thority and $1.0 billion in outlays. Rev- Veterans Caregiver Program, to help one per work period. The information enues are $79.8 billion below the rev- the families of U.S. servicemembers se- contained in this report is current enue floor for fiscal year 2015 set by the verely injured in Iraq and Afghanistan. through July 7, 2015. deemed budget resolution. As well, So- The program provides family care- Table 1 gives the amount by which cial Security outlays are at the levels givers of post 9/11 veterans who have each Senate authorizing committee ex- assumed for fiscal year 2015, while So- suffered catastrophic injuries with ceeds or is below its allocation under cial Security revenues are $170 million training and a small stipend so they the budget resolution. This informa- above levels in the deemed budget. can care for their loved ones at home, tion is used for enforcing committee For fiscal year 2016, CBO estimates rather than sending them to nursing allocations pursuant to section 302 of that current law levels are below the

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Fi- Total Homeland Security ...... 0 Budget Authority ... 7,665 0 1 2 Interior, Environment, and Related Agencies ...... 0 nally, Social Security outlays and rev- Outlays ...... 7,767 20 21 22 Labor, Health and Human Services, Education and Related enues are at the levels assumed in the Agencies ...... 0 Legislative Branch ...... 0 budget resolution for fiscal year 2016. Military Construction and Veterans Affairs, and Related Agen- CBO’s report also provides informa- TABLE 2. SENATE APPROPRIATIONS COMMITTEE— 1 cies ...... 0 tion needed to enforce the Senate’s ENACTED REGULAR DISCRETIONARY APPROPRIATIONS State Foreign Operations, and Related Programs ...... 0 (Budget authority, in millions of dollars) Transportation and Housing and Urban Development, and Re- Pay-As-You-Go rule. The Senate’s Pay- lated Agencies ...... 0 As-You-Go scorecard currently shows a 2016 Current Level Total ...... 0 balance of ¥$470 million over the fiscal ¥ 2 2 Total CHIMPS Above (+) or Below ( ) Budget Resolu- years 2015–2020 period and $125 million Security Nonsecurity tion ...... ¥19,100 over the fiscal years 2015–2025 period. Statutory Discretionary Limits 523,091 493,491 Over the initial 6-year period, Congress Amount Provided by Senate Appropriations Subcommittee TABLE 5. SENATE APPROPRIATIONS COMMITTEE—EN- has enacted legislation that would in- Agriculture, Rural Development, and ACTED CHANGES IN MANDATORY SPENDING PROGRAM Related Agencies ...... 0 9 crease revenues by $2.3 billion and in- Commerce, Justice, Science, and Re- (CHIMP) TO THE CRIME VICTIMS FUND crease outlays by $1.9 billion. Over the lated Agencies ...... 0 0 (Budget authority, millions of dollars) Defense ...... 41 0 11-year period, Congress has enacted Energy and Water Development ...... 0 0 legislation that would reduce revenues Financial Services and General Govern- 2016 ment ...... 0 41 by $5.3 billion and decrease outlays by Homeland Security ...... 0 9 Crime Victims Fund (CVF) CHIMP Limit for Fiscal Year 2016 10,800 $5.2 billion. The Senate’s Pay-As-You- Interior, Environment, and Related Agencies ...... 0 0 Senate Appropriations Subcommittees Go rule is enforced by section 201 of S. Labor, Health and Human Services, Agriculture, Rural Development, and Related Agencies ...... 0 Con. Res. 21, the fiscal year 2008 budget Education and Related Agencies ..... 0 24,678 Commerce, Justice, Science, and Related Agencies ...... 0 Legislative Branch ...... 0 0 Defense ...... 0 resolution. Military Construction and Veterans Af- Energy and Water Development ...... 0 All years in the accompanying tables fairs, and Related Agencies ...... 0 56,217 Financial Services and General Government ...... 0 are fiscal years. State Foreign Operations, and Related Homeland Security ...... 0 Programs ...... 0 0 Interior, Environment, and Related Agencies ...... 0 I ask unanimous consent that this Transportation and Housing and Urban Labor, Health and Human Services, Education and Related statement and the accompanying ta- Development, and Related Agencies 0 4,400 Agencies ...... 0 ECORD Legislative Branch ...... 0 bles be printed in the R . Current Level Total ...... 41 85,354 Military Construction and Veterans Affairs, and Related Agen- There being no objection, the mate- Total Enacted Above (+) or Below cies ...... 0 rial was ordered to be printed in the (¥) Statutory Limits ...... ¥523,050 ¥408,137 State Foreign Operations, and Related Programs ...... 0 Transportation and Housing and Urban Development, and Re- RECORD, as follows: 1 This table excludes spending pursuant to adjustments to the discre- lated Agencies ...... 0 tionary spending limits. These adjustments are allowed for certain purposes in section 251(b)(2) of BBEDCA. Current Level Total ...... 0 TABLE 1. SENATE AUTHORIZING COMMITTEES—ENACTED 2 Security spending is defined as spending in the National Defense budg- Total CVF CHIMP Above (+) or Below (¥) Budget Reso- DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET et function (050) and nonsecurity spending is defined as all other spending. lution ...... ¥10,800 RESOLUTIONS (In millions of dollars) TABLE 3. SENATE APPROPRIATIONS COMMITTEE—EN- U.S. CONGRESS, ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL CONGRESSIONAL BUDGET OFFICE, 2016– 2016– WAR ON TERRORISM DISCRETIONARY APPROPRIATIONS Washington, DC, July 9, 2015. 2015 2016 2020 2025 (In millions of dollars) Hon. MIKE ENZI, Agriculture, Nutrition, and For- Chairman, Committee on the Budget, estry 2016 U.S. Senate, Washington, DC. Budget Authority ...... 254 0 0 0 Outlays ...... 229 0 0 0 BA OT DEAR MR. CHAIRMAN: The enclosed report Armed Services shows the effects of Congressional action on Budget Authority ...... ¥15 0 0 0 OCO/GWOT Allocation 1 ...... 96,287 48,798 Outlays ...... 0 0 0 0 the fiscal year 2015 budget and is current Banking, Housing, and Urban Amount Provided by Senate Appropriations Subcommittee through July 7, 2015. This report is submitted Affairs Agriculture, Rural Development, and Related under section 308(b) and in aid of section 311 Budget Authority ...... 121 0 0 0 Agencies ...... 0 0 of the Congressional Budget Act, as amend- Outlays ...... 121 0 0 0 Commerce, Justice, Science, and Related Commerce, Science, and Agencies ...... 0 0 ed. Transportation Defense ...... 0 0 The estimates of budget authority, out- Budget Authority...... 0 0 0 0 Energy and Water Development ...... 0 0 Outlays ...... 0 0 0 0 Financial Services and General Government .... 0 0 lays, and revenues are consistent with the Energy and Natural Resources Homeland Security ...... 0 0 Budget Authority...... 0 0 0 0 allocations, aggregates, and other budgetary ¥ Interior, Environment, and Related Agencies ... 0 0 levels printed in the Congressional Record on Outlays ...... 2 0 0 0 Labor, Health and Human Services, Education Environment and Public Works May 5, 2014, pursuant to section 116 of the Bi- Budget Authority...... 0 0 0 0 and Related Agencies ...... 0 0 Outlays ...... 0 0 0 0 Legislative Branch ...... 0 0 partisan Budget Act (Public Law 113–67). Military Construction and Veterans Affairs, Finance This is CBO’s first current level report for Budget Authority ...... 7,322 0 0 0 and Related Agencies ...... 0 0 Outlays ...... 7,288 0 0 0 State Foreign Operations, and Related Pro- fiscal year 2015. Foreign Relations grams ...... 0 0 Sincerely, Budget Authority ...... ¥20 0 0 0 Transportation and Housing and Urban Devel- Outlays ...... ¥20 0 0 0 opment, and Related Agencies ...... 0 0 KEITH HALL, Homeland Security and Gov- Director. ernmental Affairs Current Level Total ...... 0 0 Budget Authority...... 0 0 0 0 Total OCO/GWOT Spending vs. Budget Enclosure. Outlays ...... 0 0 0 0 Resolution ...... ¥96,287 ¥48,798 Judiciary Budget Authority...... 0 0 1 2 BA = Budget Authority; OT = Outlays. TABLE 1. SENATE CURRENT LEVEL REPORT FOR SPENDING Outlays ...... 0 0 1 2 1 This allocation may be adjusted by the Chairman of the Budget Com- AND REVENUES FOR FISCAL YEAR 2015, AS OF JULY 7, Health, Education, Labor, and mittee to account for new information, pursuant to section 3102 of S. Con. Pensions Res. 11, the Concurrent Resolution of the Budget for Fiscal Year 2016. 2015 Budget Authority...... 3 0 0 0 (In billions of dollars) Outlays ...... 1 0 0 0 Rules and Administration TABLE 4. SENATE APPROPRIATIONS COMMITTEE—EN- Budget Authority...... 0 0 0 0 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS Current Outlays ...... 0 0 0 0 Budget Current Level Intelligence (CHIMPS) Over/Under Resolution Level ¥ Budget Authority...... 0 0 0 0 (Budget authority, millions of dollars) ( ) Outlays ...... 0 0 0 0 Resolution Veterans’ Affairs Budget Authority...... 0 0 0 0 2016 On-Budget Outlays ...... 150 20 20 20 Budget Authority ...... 3,026.4 3,034.4 8.0 Indian Affairs CHIMPS Limit for Fiscal Year 2016 ...... 19,100 Outlays ...... 3,039.6 3,040.7 1.0 ¥ Budget Authority...... 0 0 0 0 Senate Appropriations Subcommittees Revenues ...... 2,533.4 2,453.6 79.8 Outlays ...... 0 0 0 0 Off-Budget Small Business Agriculture, Rural Development, and Related Agencies ...... 0 Social Security Outlays a 736.6 736.6 0.0 Budget Authority...... 0 0 0 0 Commerce, Justice, Science, and Related Agencies ...... 0 Social Security Revenues 771.7 771.9 0.2 Outlays ...... 0 0 0 0 Defense ...... 0 Energy and Water Development ...... 0 Source: Congressional Budget Office.

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a. Excludes administrative expenses from the Federal Old-Age and Sur- vivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appro- priated annually. TABLE 2. SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2015, AS OF JULY 7, 2015 (In millions of dollars)

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,533,388 Permanents and other spending legislation ...... 1,877,558 1,802,360 n.a. Appropriation legislation ...... 0 508,261 n.a. Offsetting receipts ...... ¥735,195 ¥734,481 n.a. Total, Previously Enacted ...... 1,142,363 1,576,140 2,533,388 Enacted Legislation b Lake Hill Administrative Site Affordable Housing Act (P.L. 113-141) ...... 0 ¥2 0 Emergency Supplemental Appropriations Resolution, 2014 (P.L. 113–145) ...... 0 75 0 Highway and Transportation Funding Act of 2014 (P.L. 113–159) ...... 0 ¥15 2,590 Emergency Afghan Allies Extension Act of 2014 (P.L. 113–10) ...... 5 5 6 Continuing Appropriations Resolution, 2015 (P.L. 113–164) c ...... ¥4,705 ¥180 0 Preventing Sex Trafficking and Strengthening Families Act (P.L. 113–183) ...... 0 10 0 IMPACT Act of 2014 (P.L. 113–185) ...... 22 22 0 Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113–235) ...... 1,884,271 1,426,085 ¥178 To amend certain provisions of the FAA Modernization and Reform Act of 2012 (P.L. 113–243) ...... 0 0 ¥28 Naval Vessel Transfer Act of 2013 (P.L. 113–276) ...... ¥20 ¥20 0 Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (P.L. 113–291) ...... ¥15 0 0 An act to amend the Internal Revenue Code of 1986 to extend certain expiring provisions and make technical corrections, to amend the Internal Revenue Code of 1986 to pro- vide for the treatment of ABLE accounts established under State programs for the care of family members with disabilities, and for other purposes (P.L. 113–295) ...... 160 160 ¥81,177 Terrorism Risk Insurance Program Reauthorization Act of 2015 (P.L. 114–1) ...... 121 121 1 Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4) ...... 47,763 27,534 0 Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114–10) ...... 7,354 7,329 0 Construction Authorization and Choice Improvement Act (P.L. 114–19) ...... 0 20 0 A bill to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 130 0 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 38 7 ¥1,051 Total, Enacted Legislation ...... 1,934,994 1,461,281 ¥79,837 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥42,921 3,239 0 Total Current Level d ...... 3,034,436 3,040,660 2,453,551 Total Senate Resolution e ...... 3,026,439 3,039,624 2,533,388 Current Level Over Senate Resolution ...... 7,997 1,036 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 79,837 Source: Congressional Budget Office. Notes: n.a.=not applicable; P.L.=Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during the 2nd session of the 113th Congress but before publication in the Congressional Record of the statement of the allocations and aggregates pursuant to section 116 of the Bipartisan Budget Act of 2013 (P.L. 113–67): the Agricultural Act of 2014 (P.L. 113–79), the Homeowner Flood Insurance Affordability Act of 2014 (P.L. 113–89), the Gabriella Mil- ler Kids First Research Act (P.L. 113–94), and the Cooperative and Small Employer Charity Pension Flexibility Act (P.L. 113–97). b. Pursuant to section 403(b) of S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010, amounts designated as an emergency requirement pursuant to section 403 of S. Con. Res. 13, shall not count for certain budgetary enforcement purposes. The amounts so designated for 2015, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues Veteran’s Access to Care through Choice, Accountability, and Transparency Act of 2014 (P.L. 113-146) ...... ¥1,331 6,619 ¥42 c Sections 136 and 137 of the Continuing Appropriations Resolution, 2015 (P.L. 113–164) provide $88 million to respond to the Ebola virus, which is available until September 30, 2015. Section 139 rescinds funds from the Children’s Health Insurance Program. Section 147 extended the authorization for the Export-Import Bank of the United States through June 30, 2015. d For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. e Periodically, the Senate Committee on the Budget revises the budgetary levels printed in the Congressional Record on May 5, 2014, pursuant to section 116 of the Bipartisan Budget Act of 2013 (Public Law 113–67): Budget Authority Outlays Revenues Original Senate Resolution ...... 2,939,993 3,004,163 2,533,388 Revisions: Adjustment for Disaster Designated Spending ...... 100 43 0 Adjustment for Overseas Contingency Operations and Disaster Designated Spending ...... 74,995 31,360 0 Adjustment for Emergency Designated Spending ...... 0 75 0 Adjustment for the Consolidated and Further Continuing Appropriations Act, 2015 ...... 11,351 3,983 0 Revised Senate Resolution ...... 3,026,439 3,039,624 2,533,388

U.S. CONGRESS, the fiscal year 2016 budget and is current Con. Res. 11, the Concurrent Resolution on CONGRESSIONAL BUDGET OFFICE, through July 7, 2015. This report is submitted the Budget for Fiscal Year 2016. Washington, DC, July 9, 2015. under section 308(b) and in aid of section 311 This is CBO’s first current level report for Hon. MIKE ENZI, of the Congressional Budget Act, as amend- Chairman, Committee on the Budget, ed. fiscal year 2016. U.S. Senate, Washington, DC. The estimates of budget authority, out- Sincerely, KEITH HALL, Director. DEAR MR. CHAIRMAN: The enclosed report lays, and revenues are consistent with the shows the effects of Congressional action on technical and economic assumptions of S. Enclosure. TABLE 1. SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF JULY 7, 2015 (In billions of dollars)

Current Level Budget ¥ a Current Level Over/Under ( ) Resolution Resolution

ON-BUDGET Budget Authority ...... 3,032.8 2,146.7 ¥886.0 Outlays ...... 3,091.3 2,564.4 ¥526.9 Revenues ...... 2,676.0 2,676.0 0.0 OFF-BUDGET Social Security Outlays b ...... 777.1 777.1 0.0 Social Security Revenues ...... 794.0 794.0 0.0

Source: Congressional Budget Office. a Excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con. Res. 11 for disaster-related spending that is not yet allocated to the Senate Committee on Appropriations.

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b Excludes administrative expenses from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated annually.

TABLE 2. SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF JULY 7, 2015 (In millions of dollars)

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a. n.a. 2,676,733 Permanents and other spending legislation ...... 1,968,496 1,902,345 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a. Total, Previously Enacted ...... 1,183,676 1,618,291 2,676,733 Enacted Legislation: A bill to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Total, Enacted Legislation ...... 445 195 ¥761 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 962,619 945,910 0 Total Current Level b ...... 2,146,740 2,564,396 2,675,972 Total Senate Resolution c ...... 3,032,788 3,091,273 2,675,967 Current Level Over Senate Resolution ...... n.a. n.a. 5 Current Level Under Senate Resolution ...... 886,048 526,877 n.a. Memorandum: Revenues, 2016–2025: Senate Current Level ...... n.a. n.a. 32,233,094 Senate Resolution ...... n.a. n.a. 32,233,099 Current Level Over Senate Resolution ...... n.a. n.a. n.a Current Level Under Senate Resolution ...... n.a. n.a. 5 Source: Congressional Budget Office. Notes: n.a. = not applicable, P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016: the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–1); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4), and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114– 10). b For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. c Periodically, the Senate Committee on the Budget revises the budgetary levels in S. Con Res. 11, pursuant to various provisions of the resolution. The Senate resolution total below excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con Res. 11 for disaster-related spending that is not yet allocated to the Senate Committee on Appropriations: Budget Authority Outlays Revenues Senate Resolution ...... 3,032,343 3,091,098 2,676,733 Revisions: Pursuant to section 4311 of S. Con. Res. 11 ...... 445 175 ¥766 Revised Senate Resolution ...... 3,032,788 3,091,273 2,675,967 TABLE 3. SUMMARY OF THE SENATE PAY-AS-YOU-GO fourth anniversary of South Sudan’s reported separately by the U.N. and SCORECARD FOR THE 114TH CONGRESS—1ST SES- independence. This should be a day of various human rights organizations. SION, AS OF JULY 7, 2015 celebration, but it is instead a day Tragically, increased fighting this (In millions of dollars) marred by violence and suffering. For spring has been characterized by an the last 19 months, hostilities between even greater level of brutality. Accord- 2015–2020 2015–2025 the government and the opposition ing to the United Nations Children’s Beginning Balance a ...... 0 0 have brought the world’s newest coun- Fund, UNICEF, as many as 129 children Enacted Legislation: b try to the brink of ruin. Regional medi- Iran Nuclear Agreement Review Act of were killed in May in Unity State 2015 (P.L. 114–17) c ...... n.e. n.e. ation efforts have failed, and the inter- alone—boys were castrated and left to Construction Authorization and Choice national community has yet to come Improvement Act (P.L. 114–19) ...... 20 20 bleed to death, girls as young as 8 Justice for Victims of Trafficking Act of up with a viable plan to end the vio- years old were raped and killed, some 2015 (P.L. 114–22) ...... 1 2 lence. Unless we jumpstart diplomatic Uniting and Strengthening America by children had their throats slit or were Fulfilling Rights and Ensuring Effec- efforts immediately, this conflict is thrown into burning buildings by gov- tive Discipline Over Monitoring Act of destined to become another long-run- 2015 (P.L. 114–23) ...... * * ernment-allied militia. This is in addi- To extend the authorization to carry out ning war in Africa that is ignored by tion to the estimated 13,000 children the replacement of the existing med- the rest of the world. being forcibly recruited to fight by ical center of the Department of Vet- As some of my colleagues may know, erans Affairs in Denver, Colorado (P.L. government and opposition forces. The 114–25) ...... 150 150 ongoing political tensions between behavior of armed groups is beyond in- Defending Public Safety Employees’ Re- forces loyal to President Salva Kiir and tirement Act & Bipartisan Congres- humane. sional Trade Priorities and Account- forces loyal to former Vice President ability Act of 2015 (P.L. 114–26) ...... ¥1 5 As a result of the war, 1.5 million Trade Preferences Extension Act of 2015 Riek Machar, coupled with preexisting (P.L. 114–27) ...... ¥640 ¥52 ethnic tensions, erupted in violence on people are internally displaced. More than 730,000 have crossed borders into Current Balance ...... ¥470 125 the night of December 15, 2013. Both Memorandum: sides in the conflict have committed Sudan, Ethiopia, Uganda, and Kenya as 2015–2020 2015–2025 and continue to commit serious human refugees. The number of people facing Changes to Revenues ...... 2,348 ¥5,328 rights violations. The nature and scale severe food insecurity has almost dou- ¥ Changes to Outlays ...... 1,878 5,203 of the abuses in the first days, weeks, bled since the start of the year from 2.5 Source: Congressional Budget Office. and months of the conflict prompted million to an estimated 4.6 million peo- Notes: n.e. = not able to estimate; P.L. = Public Law. * = between ¥$500,000 and $500,000. the African Union to establish a Com- ple, including approximately 874,000 a Pursuant to S. Con. Res. 11, the Senate Pay-As-You-Go Scorecard was mission of Inquiry in March of last children under the age of 5. reset to zero. b The amounts shown represent the estimated impact of the public laws year to investigate. However the Com- The recent uptick in hostilities has on the deficit. Negative numbers indicate an increase in the deficit; positive mission’s report, while completed, has made it extremely challenging for hu- numbers indicate a decrease in the deficit. c P.L. 114–17 could affect direct spending and revenues, but such im- never been publicly released. We have manitarian organizations to reach pop- pacts would depend on future actions of the President that CBO cannot pre- seen the contents of a version of the re- ulations in need. Aid workers continue dict. (http://www.cbo.gov/sites/default/files/cbofiles/ attachments/s615.pdf) port that was leaked in March and the to be harassed, detained, and abducted. f findings are truly disturbing: indis- The Government of South Sudan ex- criminate killing of civilians, burning pelled the United Nations Deputy Spe- SOUTH SUDAN and looting of hospitals and humani- cial Representative and Humanitarian Mr. CARDIN. Mr. President, today I tarian assets, attacks on United Na- Coordinator Toby Lanzer in June. His wish to speak about the ongoing civil tions compounds, and rape on a mas- expulsion comes at a time of increasing war in South Sudan. July 9 marks the sive scale. Similar findings have been humanitarian need. The ruthless

VerDate Sep 11 2014 07:34 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.057 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4947 means through which troops are exe- take each and every opportunity we assigned to the USS Vicksburg (CG 69), cuting the war, the parliament’s pas- can to make clear that the United where she served as the fire control of- sage of an NGO law hinders the deliv- States is committed to bringing human ficer while qualifying as the anti-air ery of much needed services, the expul- rights abusers to justice. However, we warfare commander, force anti-air war- sion of the head of the U.N. humani- can do more. We should push regional fare commander, and force tactical ac- tarian arm and obstruction of U.N. actors to move forward with efforts to tion officer. peacekeeping operations to protect ci- establish the parameters and modali- Since January 2013, Lieutenant vilians, and the refusal of the parties ties of a court or other transitional Rosenberg has served as a Senate liai- to engage in good-faith negotiations to justice mechanism. Initiating such son officer in the Navy Office of Legis- end hostilities all paint a picture of mechanisms now—rather than waiting lative Affairs. In this capacity, she has two opposing sides that have very little for an end to the war—more adequately been a major asset to the Navy and regard for the needs or wellbeing of demonstrates the international com- Congress. Over the course of the last 2 South Sudanese citizens. munity’s commitment to justice for years, Lieutenant Rosenberg has led 21 In light of the gravity of the situa- victims than empty statements on the Congressional delegations to 36 dif- tion on the ground, we must urgently importance of accountability. ferent countries. She has escorted 54 consider taking several steps: First, we Finally, I urge President Obama to Members of Congress and 36 personal should push for a United Nations arms convene a meeting with the Secretaries and professional staff members. She embargo on South Sudan to stop the General of the Africa Union and United has distinguished herself by going flow of arms to all warring factions. We Nations while he is in Addis Ababa this above and beyond the call of duty to fa- may or may not be successful in con- month to discuss a way forward that cilitate and successfully execute each vincing all of the Permanent Five involves those two bodies and members and every trip, despite any number of members of the Security Council to of the Troika. And these talks must in- weather, aircraft, and diplomatic com- agree with us on this, but we will never volve key regional players who could plications. Her leadership, energy, and be successful if we don’t make the at- prove spoilers to any process, including integrity have ensured that numerous tempt. On July 1, the United Nations Sudan and Uganda. challenging Senate overseas trips have Security Council imposed personal tar- The cost of this war has been astro- been flawlessly executed, to include an geted sanctions on six South Sudanese nomical. The U.N. Mission to South arduous trip to Afghanistan. generals it believes are fueling the Sudan has cost over $2 billion in the This Chamber will feel Lieutenant fighting. I welcome this move, but I past 2 years alone. The international Rosenberg’s absence. I join many past have doubts that this alone will prove community has provided nearly $2.7 and present Members of Congress in my a game changer. Strangling the supply billion in humanitarian assistance. The gratitude and appreciation to Lieuten- of arms and materiel of the actors on United States alone has provided more ant Rosenberg for her outstanding the ground could prove far more effec- than $1.2 billion for those purposes. leadership and her unwavering support tive than sanctioning military leaders This is money that should have been of the missions of the U.S. Navy, the who don’t travel outside the country or invested in building a country that had Senate Armed Services Committee, hold assets internationally. already been devastated by decades of Senate Foreign Relations Committee, Second, we must undertake a review war with Sudan. However, the real Senate Select Committee on Intel- of the military training and assistance tragedy is not the dollars lost—it is in ligence, and others. I wish Lieutenant we are providing to countries in the re- the thousands of lives lost, the seeds Rosenberg ‘‘fair winds and following gion to determine whether soldiers we sown of ethnic hatred and division and seas.’’ have trained and equipment we have the squandering of an opportunity to f supplied are being used to either com- build a nation that could provide a fu- ACCREDITATION mit human rights abuses in South ture to millions of people that were Sudan or prolong hostilities. We should marginalized, attacked and abused by Mr. ALEXANDER. Mr. President, I also consider whether extra safeguards Khartoum. We must take action now to ask unanimous consent to have printed are warranted to ensure that U.S. secu- stop the war and prevent the deaths of in the RECORD a copy of my remarks at rity assistance is not being used to sup- thousands more South Sudanese. the Senate Committee on Health, Edu- cation, Labor and Pensions hearing on port the warring factions or otherwise f contributing to the conflict. ‘‘Reauthorizing the Higher Education Third, we must expand our invest- TRIBUTE TO LIEUTENANT Act: Evaluating Accreditation’s Role ments in reconciliation efforts. USAID KATHRYN ELIZABETH ROSENBERG in Ensuring Quality.’’ has joined with international partners Mr. MCCAIN. Mr. President, I wish to There being no objection, the mate- and is doing a tremendous job on the recognize and honor Lieutenant Kath- rial was ordered to be printed in the humanitarian front. But our aid ryn Rosenberg, U.S. Navy, as she trans- RECORD, as follows: should, to the extent possible, be cou- fers from the Navy Office of Legislative ACCREDITATION pled with an increase in peace and rec- Affairs. We’re here today to discuss our system for onciliation activities. The vicious na- A native of Pennsylvania, Lieutenant ensuring that colleges are giving students a ture of the attacks on civilians will Rosenberg was commissioned an ensign good education. That’s called accreditation. make post-war, community-level re- through the Naval ROTC Program Accreditation is a self-governing process that was created by colleges in the 1800s. The construction efforts and national heal- upon graduation from George Wash- organizations they created were intended to ing enormously difficult. We cannot ington University in 2008. help colleges distinguish themselves from wait until the war is over to begin to Lieutenant Rosenberg, a surface war- high schools and later, to accredit one an- bring people together. These programs fare officer, has performed in a consist- other. should also include activities that sup- ently outstanding manner under the At this time there was no federal involve- port justice at the local level so that most challenging of circumstances. ment in higher education or accreditation, people who have borne the brunt of the Lieutenant Rosenberg served with dis- and right around the end of World War II, tinction and gained extensive experi- about 5% of the population had earned a col- violence can obtain some measure of lege degree. closure. ence in the surface fleet during her Accreditation however took on a new role Fourth, we must begin to look at how first two sea tours. While assigned to in the 1950’s. After the Korean War, Congress we put accountability mechanisms in the USS Stockdale (DDG 106) from June went looking for a way to ensure that the place. During his trip to east Africa in 2008 to November 2010, Lieutenant money spent for the GI Bill to help veterans May, Secretary Kerry announced $5 Rosenberg served as the pre-commis- go to college was being used at legitimate, million to support accountability ef- sioning auxiliaries officer and combat quality institutions. forts. I applaud this move, and am information center officer while ob- Congress had enough sense to know they couldn’t do the job of evaluating the diver- pleased to hear that we are supporting taining her surface warfare officer pin sity of our colleges and universities them- the collection of evidence of gross and engineering officer of the watch selves so they outsourced the task to accred- human rights violations and preserving qualification. From March 2011 to De- itation. Accreditors became, as many like to records for use in the future. We must cember 2012, Lieutenant Rosenberg was say, ‘‘gatekeepers’’ to federal funds.

VerDate Sep 11 2014 07:34 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.090 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4948 CONGRESSIONAL RECORD — SENATE July 9, 2015 The Korean War G.I. Bill of 1952 first estab- agency they’d like to use. If they could, sas continues to flourish under the lished this new responsibility—it said that would that drive quality? council’s encouragement and vision. By veterans could only use their benefits at col- Third, do federal rules and regulations focusing on the future and on mutually leges that were accredited by an agency rec- force accreditors to spend too much time on beneficial goals, the council is a leader ognized by what was called the Commis- issues other than quality? sioner of Education, and then after the De- Accreditation may now be ‘‘cops on the in visualizing and promoting invest- partment of Education was created in 1979, beat’’ for Department of Education rules and ments that meet the needs of citizens the Secretary of Education. regulations unrelated to academic quality. and local businesses. In recent years, The Higher Education Act of 1965 used this Accreditors review fire codes, institutional the council’s goals have expanded to- same idea when it created federal financial finances (something the Department of Edu- ward growing the region’s workforce, aid for non-veteran college students. Around cation already looks at) and whether a including increasing the number of this time, about 10% of the population had school is in compliance with Department high school and college graduates and received a college degree. rules for Title IV. To me, these don’t seem to attracting top talent. However, the 1992 Higher Education Act be an accreditor’s job. Amendments were the first time the law said Fourth, do accreditors have the right tools This unique partnership encourages much about what standards accreditors and flexibility to deal with the many dif- communities throughout the region to needed to use when assessing quality at in- ferent institutions with many different needs think about long-term goals and cre- stitutions of higher education. and circumstances? ates a strategic plan to accomplish Today, current law outlines 10 broad stand- Some well-established institutions may them. What is impressive is that the ards that federally recognized accreditors not need to go through the same process as council consistently achieves most of must have when reviewing colleges: student everyone else, allowing accreditors to focus its goals, often ahead of schedule. achievement; curriculum; faculty; facilities; on those institutions that need the most The council is a model for success. fiscal and administrative capacity; student help. support services; recruiting and admissions Finally, could the public benefit from more Economic development regions across practices; measure of program length; stu- information about accreditation? Arkansas and throughout the country dent complaints; and compliance with Title All the public learns from the accredita- use the council as a model, with hopes IV program responsibility. tion process is whether a school is accredited of achieving similar success. The coun- The law tells accreditors that they must or unaccredited. Even at comparable col- cil has demonstrated the value of co- measure student achievement, but it doesn’t leges, quality may vary dramatically, yet all operation and collaboration, as well as tell them how to do it. institutions receive the same, blanket ‘‘ac- the importance of keeping attention Colleges and accreditors determine the credited’’ stamp of approval. Seems to me focused on common ground and shared specifics of the standards—not the Depart- that there could be more information pro- ment of Education. vided to students, families or policymakers. interests. For the student achievement standard, col- We’d better find a way to make accredita- I congratulate the Northwest Arkan- leges and universities define how they meet tion work better. sas Council on its 25-year commitment that standard based on their mission—the There’s really not another way to do this— to growth and development and for law specifically doesn’t let the Department to monitor quality. Because if accreditation continuing to make the region better of Education regulate or define student doesn’t do it, I can assure you that Congress through infrastructure improvements, achievement. can’t. And the Department of Education cer- workforce development, and regional And in fact, in 2007, when the Department tainly doesn’t have the capacity or know- stewardship. I look forward to con- of Education tried to do that, Congress how. stopped it. They could hire a thousand bureaucrats to tinuing to work with the Northwest Still, Congress spends approximately $33 run around the country reviewing 6,000 col- Arkansas Council and seeing its future billion for Pell grants each year, and tax- leges, but you can imagine what that would achievements.∑ payers will lend over $100 billion in loans be like. f this year that students have to pay back. They’re already trying to rate colleges, So we have a duty to make certain that and no one is optimistic about their efforts— REMEMBERING SHERIFF RALPH students are spending that money at quality I think they’ll collapse of their own weight. LAMB colleges and universities. So it’s crucial that accrediting of our col- ∑ Mr. HELLER. Mr. President, today I believe there are two main concerns leges improve. about accreditation: we honor the life and legacy of former Our witnesses have a variety of viewpoints Clark County Sheriff Ralph Lamb, First, is it ensuring quality? on accreditation and I look forward to the And second, is the federal government discussion. whose passing signifies a great loss to guilty of getting in the way of accreditors Nevada. I send my condolences and f doing their job? prayers to his wife Rae and all of Mr. The Task Force on Government Regulation ADDITIONAL STATEMENTS Lamb’s family in this time of mourn- of Higher Education, which was commis- ing. He was a man committed to his sioned by a bipartisan group of senators on this committee, told us in a detailed report family, his country, his State, and his RECOGNIZING THE NORTHWEST community. Although he will be sorely that federal rules and regulations on ARKANSAS COUNCIL accreditors have turned the process into fed- missed, his legendary influence eral ‘‘micro-management.’’ ∑ Mr. BOOZMAN. Mr. President, I want throughout the Silver State will con- In addressing these two concerns, I think to recognize the hard work, dedication, tinue on. we should look at five areas: and achievements of the Northwest Ar- Mr. Lamb was born on April 10, 1927, First, are accreditors doing enough to en- kansas Council, which is celebrating in a small ranching community in sure that students are learning and receiving its 25th anniversary. This organization Alamo. He was one of 11 children who a quality education? A recent survey commissioned by Inside helped transform Northwest Arkansas helped on the family farm and worked Higher Ed found that 97% of chief academic into an economic powerhouse. In 1990, in the local schoolhouse to support the officers at public colleges and universities business and community leaders cre- family. At 11 years old, his father was believe their institution is ‘‘very or some- ated a cooperative regional business killed in a rodeo accident, and he was what effective at preparing students for the foundation with a focus on what is best taken in by his oldest brother Floyd workforce.’’ for the region. Now, 25 years later, the Lamb. Mr. Lamb served in the Army But a Gallup survey shows that business council has strengthened partnerships during World War II in the Pacific The- leaders aren’t so sure—only one-third of American business leaders say that colleges and achieved many successes. ater, later returning to Nevada. He be- and universities are graduating students Early on, the council recognized the came a Clark County deputy sheriff with the skills and competencies their busi- importance of expanding the region’s and soon after was named chief of de- nesses need. Nearly a third of business lead- infrastructure. It planted the seeds for tectives. In 1954, he left the Clark ers disagree, with 17% going as far as to say development by pursuing the construc- County Sheriff’s Department to form a that they strongly disagree. tion of a new regional airport, an inter- private detective agency. Second, would more competition and state to connect western Arkansas, and It wasn’t until 1958 that Mr. Lamb choice among accreditors be one way to im- a massive 2-ton water system to serve showed interest in returning to the de- prove quality? Accreditation is one of the few areas in Benton and Washington Counties. partment. He was named Clark County higher education without choice and com- These priorities laid the foundation Sheriff in 1961 and served under this petition. Today colleges and universities for the expansive growth and develop- title for 18 years, an unprecedented cannot choose which regional accrediting ment of the region. Northwest Arkan- amount of time that continues to be

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.043 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4949 the longest anyone has held the job. ignated the county seat in 1887. The graduate and graduate students. He His unwavering dedication to the de- city expanded its growth in 1906 when boosted graduation rates while winning partment and the community will al- copper mining dominated the area. The lacrosse and basketball games. He ways be remembered. necessity to accommodate numerous made sure that no campus was left out Mr. Lamb truly strived to make the miners who worked in the area drove or left behind. He made sure to support department the absolute best it could the development of the city and kin- the University of Maryland flagship, be. Throughout his tenure, organized dled the construction of many build- our schools out in western Maryland crime was prevalent in the Las Vegas ings. The Hotel Nevada was built dur- and on the Eastern Shore—Frostburg community. Mr. Lamb worked with the ing this time of the Prohibition era in and Salisbury—and our Historically county commission to pass the ‘‘work 1929 and was deemed the tallest build- Black Colleges and Universities, card law,’’ requiring anyone working in ing in the State with six floors in the HBCUs. He also worked to make sure the gaming industry to be 1940s. It is one of a kind and continues our professional schools in downtown fingerprinted, photographed, and to no- to maintain its authenticity with its Baltimore remained strong. In fact, tify the sheriff if he or she moved jobs. original structure, bringing a distinct downtown Baltimore has some of the This important piece of legislation rural West feel. I am grateful this re- best medical, law, nursing and social helped significantly in fighting orga- markable site provides visitors and work schools in the world. Students nized crime. residents a glimpse into Nevada’s past. knew they could count on Dr. Kirwan. He was also a key contributor in It is truly a staple for the Ely commu- He made college more affordable by transitioning the Clark County Sher- nity. freezing tuition for 4 years. Even fac- iff’s Department into a more sophisti- The hotel and gambling hall offers 67 ulty knew they could count on him. cated force and in helping in its con- updated rooms to guests. It also pro- Dr. Kirwan has so many more accom- solidation with the Las Vegas Police vides the only 24-hour restaurant and plishments that it is difficult to know where to begin. Particularly, the ac- Department, creating stability in the full-service hotel and casino in Ely. complishments I am most proud of law enforcement community with the Since its opening, it has received many were the ones where we worked to- present Metropolitan Police Depart- well-known guests, including Wayne gether. When Senator ALEXANDER and I ment, Metro. His administration cre- Newton, Mickey Rooney, and Lyndon worked together on the reauthoriza- ated the city’s first SWAT team and Johnson. Each time my wife and I trav- tion of the Higher Education Act in brought the Las Vegas metropolitan el to the city of Ely, we stay at the 2008, we looked at two things: how can area a modern crime lab, including a Hotel Nevada. I can say from first-hand we make sure young people get a qual- mobile crime lab. Metro was one of the experience Hotel Nevada offers an un- ity and affordable education, and how first police agencies to utilize semi- paralleled historic experience to its can colleges and universities control automatic pistols and in-car com- guests. It gives me great pleasure to their costs. What emerged was the rec- puters, all driven by the hard work of see this business celebrate 86 years of ognition that we needed to do some- Mr. Lamb. His many accomplishments success. thing about burdensome regulations. will benefit future Metro officers for Hotel Nevada has demonstrated pro- That is why Senator ALEXANDER and I, fessionalism, commitment to excel- years to come. along with Senators BENNET and BURR, I extend my deepest sympathies to lence, and true dedication to authen- created a task force to look at the his family. We will always remember ticity since its opening. After 86 years, issue of duplicative, burdensome higher Mr. Lamb for his invaluable contribu- it stands a true testament to the City education regulations. tions to the local community. It is the of Ely. Today, I ask my colleagues to Because of Dr. Kirwan’s wealth and brave men and women who serve in the join me in recognizing Hotel Nevada on knowledge of higher education, I knew local police department who keep our its 86th anniversary. ∑ he was the right man for the job to communities safe. These heroes self- f lead this particular task force. What he lessly put their lives on the line every TRIBUTE TO DR. WILLIAM ‘‘BRIT’’ was able to accomplish is astounding. day. Mr. Lamb’s sacrifice and courage KIRWAN The task force, under his leadership, earn him a place among the out- put together a comprehensive report standing men and women who have val- ∑ Ms. MIKULSKI. Mr. President, I wish that identified the 10 most onerous reg- iantly put their lives on the line to to honor the extraordinary Dr. William ulations institutions of higher edu- keep our communities safe, and his ‘‘Brit’’ Kirwan, who recently left the cation were faced with. The report also service will never be forgotten. post of chancellor of the University provided recommendations on what Mr. Lamb fought to maintain only System of Maryland, USM. Not only Congress and the administration could the highest level of excellence for the am I honored to know him profes- to streamline regulations. As a result Clark County Sheriff’s Department. sionally, I am proud to call him a dear of Dr. Kirwan’s work, my colleagues in The Southern Nevada community re- friend. the Senate are using his recommenda- mains safer because of Mr. Lamb. I am Dr. Kirwan will be greatly missed. He tions to make sure our laws are about honored to commend him for his hard has devoted himself to higher edu- smart regulation, not strangulation. work and invaluable contributions to cation for the past 50 years. How amaz- While being a national leader in fu- the Silver State. Today, I join the Las ing is that? Not only is he an accom- turistic things like cyber technology, Vegas metropolitan community and plished individual, he also throws the training the next generation of cyber citizens of the Silver State to celebrate coolest Derby parties. I love Dr. warriors, making our economy strong- the life of an upstanding Nevadan, Kirwan, and I know Maryland loves Dr. er and our country safer, Dr. Kirwan Sheriff Ralph Lamb.∑ Kirwan. helped changed higher education. He f Prior to becoming chancellor of helped change the world—literally USM, Dr. Kirwan served as president of changing the global economy. I would RECOGNIZING HOTEL NEVADA’S the Ohio State University for 4 years. venture to say that we would not have 86TH ANNIVERSARY Before that, he served as president of Google if it were not for Dr. Kirwan. ∑ Mr. HELLER. Mr. President, today I the University of Maryland, College Now some of you may say: ‘‘Senator wish to recognize the 86th anniversary Park, UMCP, for 10 years. Before be- BARB, where does this come from?’’ Let of Hotel Nevada, a historic landmark coming president of UMCP, he was a me tell you a story. and important piece of the Ely commu- member of the University of Maryland Dr. Kiwan, is not only an able chan- nity. I am proud to honor this hotel faculty for 24 years—where he served as cellor, he really is a gifted mathemati- that serves as a symbol of Nevada’s an assistant professor, department cian. And in his work as a mathemati- history and continues to offer quality chair and Provost. Until last month, cian, he had the opportunity to travel services to guests and locals alike. Dr. Kirwan served as the chancellor of to conferences around the world. At The city of Ely was originally estab- USM for 13 years. one of those conferences in the 1970s, lished as a stagecoach stop and post of- Under his leadership, USM roared Dr. Kirwan met someone from the So- fice along the Pony Express’ Central into the 21st century. He led 11 univer- viet Union by the name of Dr. Michael Overland Route in 1870 and was des- sities, with more than 40,000 under- Brin.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.045 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4950 CONGRESSIONAL RECORD — SENATE July 9, 2015 Then in 1974, Congress passed a little environments, including hurricane- at 2000 Mulford Road in Mulberry, Florida, as piece of legislation called Jackson- strength weather and direct RPG at- the ‘‘Sergeant First Class Daniel M. Fer- Vanik, which helped put pressure on tacks, each product has been field test- guson Post Office’’. the Soviet Union to remove its emigra- ed since 2003, providing exceptional se- H.R. 1350. An act to designate the facility of the United States Postal Service located tion restrictions. When this happened, curity and peace of mind for U.S. em- at 442 East 167th Street in Bronx, New York, Dr. Brin reached out to Dr. Kirwan and bassies, government facilities, off- as the ‘‘Herman Badillo Post Office Build- said: ‘‘Do you think you can help me?’’ shore oil rigs, electric companies, and ing’’. And boy, did Dr. Kirwan help him out. private homes in Louisiana and around The enrolled bills were subsequently Thanks to the work of Dr. Kirwan the world. Most recently, SHE build- signed by the President pro tempore and the USM Board of Regents, not ings have been tested in conflict areas (Mr. HATCH). only could Dr. Brin get out of Russia, in the Middle East—protecting scores ENROLLED BILL SIGNED he was able to come to the University of American military personnel and The President pro tempore (Mr. of Maryland. With him, Dr. Brin property. HATCH) announced that on today, July brought his son Sergey. Sergey was a Safe Haven Enterprises is located in 9, 2015, he had signed the following en- brilliant little boy—some may even say a U.S. Small Business Administration rolled bill, previously signed by the a bit difficult. He was so smart that he Historically Underutilized Business Speaker of the House: was able to graduate from College Park Zone, or HUBZone, and has aided the in 1993 at the age of 17. From there, local economy through the creation of H.R. 91. An act to amend title 38, United Sergey went on to Stanford where he high-quality, technical jobs in South- States Code, to direct the Secretary of Vet- erans Affairs to issue, upon request, veteran worked out of one of those garages we west Louisiana. SHE president and identification cards to certain veterans. all hear about. CEO Alta Baker has received numerous Well, the rest is history. Sergey Brin, recognitions, including the 2014 Women f of course, is Google. And had it not in Construction NYC’s Outstanding EXECUTIVE AND OTHER been for Dr. Kirwan meeting Dr. Brin, Woman Business of the Year award and COMMUNICATIONS Congress doing Jackson-Vanik, the the 2010 U.S. Chamber of Commerce The following communications were University of Maryland providing a Faces of Trade Award. SHE also holds laid before the Senate, together with home for Dr. Brin, we would not have numerous certifications from institu- accompanying papers, reports, and doc- Google. I think that is a fabulous story tions such as the U.S. Department of uments, and were referred as indicated: that shows what good immigration pol- State, the U.S. Coast Guard, and the icy can do, and also what a gifted, tal- Canadian Standards Association cer- EC–2158. A communication from the Con- ented, and dedicated humanitarian Dr. gressional Review Coordinator, Animal and tifications for many of its technical Plant Health Inspection Service, Department Kirwan is. structures. of Agriculture, transmitting, pursuant to Though he changed the world, what Congratulations again to Safe Haven law, the report of a rule entitled ‘‘Importa- has never changed is the man himself. Enterprises for being selected as Small tion of Beef From a Region in Argentina’’ Dr. Kirwan is a man we admire, a man Business of the Week. Thank you for ((RIN0579–AD92) (Docket No. APHIS–2014– we respect, and a man we value. It is your commitment to producing safe, 0032)) received during adjournment of the safe to say that Dr. Kirwan is a man we reliable shelters for the greatest times Senate in the Office of the President of the have such affection for, for his passion of need.∑ Senate on July 6, 2015; to the Committee on for education, for his deep concern and Agriculture, Nutrition, and Forestry. f EC–2159. A communication from the Con- caring for our students. For Dr. gressional Review Coordinator, Animal and Kirwan, it was never about building MESSAGE FROM THE PRESIDENT Plant Health Inspection Service, Department buildings, it was about building a fu- Messages from the President of the of Agriculture, transmitting, pursuant to ture for our young people and for the United States were communicated to law, the report of a rule entitled ‘‘Importa- great State of Maryland. the Senate by Mr. Pate, one of his sec- tion of Beef From a Region in Brazil’’ ((RIN0579–AD41) (Docket No. APHIS–2009– Dr. Kirwan, there will never be retaries. enough ‘‘thank yous’’ in the world but: 0017)) received during adjournment of the thank you, thank you, thank you for f Senate in the Office of the President of the your determination and dedication to Senate on July 6, 2015; to the Committee on EXECUTIVE MESSAGES REFERRED Agriculture, Nutrition, and Forestry. making Maryland a better place. We As in executive session the Presiding EC–2160. A communication from the Pro- will all miss you dearly but wish you gram Manager of the BioPreferred Program, much success in your retirement.∑ Officer laid before the Senate messages from the President of the United Office of Procurement and Property Manage- f ment, Department of Agriculture, transmit- States submitting sundry nominations ting, pursuant to law, the report of a rule en- RECOGNIZING SAFE HAVEN which were referred to the appropriate titled ‘‘Voluntary Labeling Program for ENTERPRISES committees. Biobased Products’’ (RIN0599–AA22) received ∑ Mr. VITTER. Mr. President, small (The messages received today are during adjournment of the Senate in the Of- businesses are often on the forefront of printed at the end of the Senate pro- fice of the President of the Senate on July 1, ceedings.) 2015; to the Committee on Agriculture, Nu- innovation and safety. American entre- trition, and Forestry. preneurs create and take advantage of f EC–2161. A communication from the Under opportunities to transform the ways in MESSAGE FROM THE HOUSE Secretary of Defense (Acquisition, Tech- which we secure our property, aid in nology and Logistics), transmitting, pursu- natural disasters, and protect our fami- ENROLLED BILLS SIGNED ant to law, a report entitled ‘‘Report to Con- lies. This week I would like to recog- At 3:36 p.m., a message from the gress on Corrosion Policy and Oversight nize Safe Haven Enterprises of Jen- House of Representatives, delivered by Budget Materials for Fiscal Year 2016’’; to nings, LA as Small Business of the Mrs. Cole, one of its reading clerks, an- the Committee on Armed Services. EC–2162. A communication from the Acting Week. nounced that the Speaker has signed Under Secretary of Defense (Personnel and In 1998, Alta Baker founded Safe the following enrolled bills: Readiness), transmitting a report on the ap- Haven Enterprises, SHE, with the goal H.R. 728. An act to designate the facility of proved retirement of Lieutenant General of providing strong buildings and mo- the United States Postal Service located at Stephen L. Hoog, United States Air Force, bile units that would protect folks and 7050 Highway BB in Cedar Hill, Missouri, as and his advancement to the grade of lieuten- their property in times of disaster. the ‘‘Sergeant First Class William B. Woods, ant general on the retired list; to the Com- Today, SHE has grown into an enter- Jr. Post Office’’. mittee on Armed Services. prise that produces 22 different types of H.R. 891. An act to designate the facility of EC–2163. A communication from the Acting structures ranging from office com- the United States Postal Service located at Under Secretary of Defense (Personnel and 141 Paloma Drive in Floresville, Texas, as Readiness), transmitting the report of three plexes to ballistic-resistant doors to the ‘‘Floresville Veterans Post Office Build- (3) officers authorized to wear the insignia of first response units for natural disas- ing’’. the grade of major general in accordance ters. In order to ensure that SHE’s H.R. 1326. An act to designate the facility with title 10, United States Code, section 777; manufacturing can withstand various of the United States Postal Service located to the Committee on Armed Services.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.076 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4951 EC–2164. A communication from the Direc- et No. EERE–2012–BT–TP–0013)) received dur- EC–2182. A communication from the Direc- tor of Defense Procurement and Acquisition ing adjournment of the Senate in the Office tor of Regulations and Policy Management Policy, Department of Defense, transmit- of the President of the Senate on July 6, 2015; Staff, Food and Drug Administration, De- ting, pursuant to law, the report of a rule en- to the Committee on Energy and Natural Re- partment of Health and Human Services, titled ‘‘Defense Federal Acquisition Regula- sources. transmitting, pursuant to law, the report of tion Supplement: Clauses With Alternates— EC–2173. A communication from the Ad- a rule entitled ‘‘Infant Formula: The Addi- Prescriptions and Clause Prefaces’’ ministrator, U.S. Energy Information Ad- tion of Minimum and Maximum Levels of Se- ((RIN0750–AI57) (DFARS Case 2015–D016)) re- ministration, Department of Energy, trans- lenium to Infant Formula and Related Label- ceived during adjournment of the Senate in mitting, pursuant to law, a report entitled ing Requirements’’ (Docket No. FDA–2013–N– the Office of the President of the Senate on ‘‘The Availability and Price of Petroleum 0067) received during adjournment of the July 1, 2015; to the Committee on Armed and Petroleum Products Produced in Coun- Senate in the Office of the President of the Services. tries Other Than Iran’’; to the Committee on Senate on July 1, 2015; to the Committee on EC–2165. A communication from the Direc- Energy and Natural Resources. Health, Education, Labor, and Pensions. tor of Defense Procurement and Acquisition EC–2174. A communication from the Assist- EC–2183. A communication from the Assist- Policy, Department of Defense, transmit- ant General Counsel for Legislation, Regula- ant Secretary for Legislation, Department of ting, pursuant to law, the report of a rule en- tion and Energy Efficiency, Office of Energy Health and Human Services, transmitting, titled ‘‘Defense Federal Acquisition Regula- Efficiency and Renewable Energy, Depart- pursuant to law, a report entitled ‘‘Review of tion Supplement: Defense Contractors Out- ment of Energy, transmitting, pursuant to Federal Drug Regulations with Regard to side the United States—Subpart Relocation’’ law, the report of a rule entitled ‘‘Energy Medical Gases’’; to the Committee on ((RIN0750–AI55) (DFARS Case 2015–D015)) re- Conservation Program: Test Procedures for Health, Education, Labor, and Pensions. ceived during adjournment of the Senate in Packaged Terminal Air Conditioners and EC–2184. A communication from the Direc- the Office of the President of the Senate on Packaged Terminal Heat Pumps’’ ((RIN1904– tor of Regulations and Policy Management July 1, 2015; to the Committee on Armed AD19) (Docket No. EERE–2012–BT–TP–0032)) Staff, Food and Drug Administration, De- Services. received during adjournment of the Senate partment of Health and Human Services, EC–2166. A communication from the Direc- in the Office of the President of the Senate transmitting, pursuant to law, the report of tor of Defense Procurement and Acquisition on July 1, 2015; to the Committee on Energy a rule entitled ‘‘Revocation of General Safe- Policy, Department of Defense, transmit- and Natural Resources. ty Test Regulations that are Duplicative of ting, pursuant to law, the report of a rule en- EC–2175. A communication from the Assist- Requirements in Biologics License Applica- titled ‘‘Defense Federal Acquisition Regula- ant Secretary for Legislation, Department of tions’’ (Docket No. FDA–2014–N–1110) re- tion Supplement: Allowability of Legal Costs Health and Human Services, transmitting, ceived during adjournment of the Senate in pursuant to law, a report entitled ‘‘The for Whistleblower Proceedings’’ ((RIN0750– the Office of the President of the Senate on Medicare Secondary Payer Commercial Re- AI04) (DFARS Case 2013–D022)) received dur- July 6, 2015; to the Committee on Health, payment Center in Fiscal Year 2014’’; to the ing adjournment of the Senate in the Office Education, Labor, and Pensions. Committee on Finance. EC–2185. A joint communication from the of the President of the Senate on July 1, 2015; EC–2176. A communication from the In- Executive Director and the Chair of the to the Committee on Armed Services. spector General, Department of Health and EC–2167. A communication from the Direc- Board of Governors, Patient-Centered Out- Human Services, transmitting, pursuant to tor of Defense Procurement and Acquisition comes Research Institute (PCORI), transmit- law, a report entitled ‘‘Part D Plans Gen- Policy, Department of Defense, transmit- ting, pursuant to law, the Institute’s 2014 erally Include Drugs Commonly Used by ting, pursuant to law, the report of a rule en- Annual Report; to the Committee on Health, Dual Eligibles: 2015’’; to the Committee on titled ‘‘Defense Federal Acquisition Regula- Education, Labor, and Pensions. Finance. EC–2186. A communication from the Direc- tion Supplement: Inflation Adjustment of EC–2177. A communication from the Chief Acquisition-Related Thresholds’’ ((RIN0750– of the Publications and Regulations Branch, tor, National Legislative Commission, The AI43) (DFARS Case 2014–D025)) received dur- Internal Revenue Service, Department of the American Legion, transmitting, pursuant to ing adjournment of the Senate in the Office Treasury, transmitting, pursuant to law, the law, a report relative to the financial condi- of the President of the Senate on July 1, 2015; report of a rule entitled ‘‘Clarifications to tion of The American Legion as of December to the Committee on Armed Services. the Requirement in the Treasury Regula- 31, 2014 and 2013; to the Committee on the Ju- EC–2168. A communication from the Chief tions Under Section 501(r) (4) that a Hospital diciary. EC–2187. A communication from the Dep- Counsel, Federal Emergency Management Facility’s Financial Assistance Policy In- Agency, Department of Homeland Security, clude a List of Providers’’ (Notice 2015–46) re- uty General Counsel, Office of Policy, Plan- transmitting, pursuant to law, the report of ceived in the Office of the President of the ning, and Liaison, Small Business Adminis- a rule entitled ‘‘Final Flood Elevation Deter- Senate on July 7, 2015; to the Committee on tration, transmitting, pursuant to law, the minations’’ ((44 CFR Part 67) (Docket No. Finance. report of a rule entitled ‘‘Microloan Program FEMA–2015–0001)) received during adjourn- EC–2178. A communication from the Chair- Expanded Eligibility and Other Program ment of the Senate in the Office of the Presi- man, Medicare Payment Advisory Commis- Changes’’ (RIN3245–AG53) received during ad- dent of the Senate on July 1, 2015; to the sion, transmitting, pursuant to law, a report journment of the Senate in the Office of the Committee on Banking, Housing, and Urban entitled ‘‘Report to the Congress: Medicare President of the Senate on July 1, 2015; to Affairs. and the Health Care Delivery System’’; to the Committee on Small Business and Entre- EC–2169. A communication from the Sec- the Committee on Finance. preneurship. retary of the Treasury, transmitting, pursu- EC–2179. A communication from the Assist- EC–2188. A communication from the Senior ant to law, a six-month periodic report on ant Legal Adviser for Treaty Affairs, Depart- Procurement Executive, Office of Acquisi- the national emergency that was declared in ment of State, transmitting, pursuant to the tion Policy, General Services Administra- Executive Order 13441 with respect to Leb- Case-Zablocki Act, 1 U.S.C. 112b, as amended, tion, transmitting, pursuant to law, the re- anon; to the Committee on Banking, Hous- the report of the texts and background state- port of a rule entitled ‘‘Federal Acquisition ing, and Urban Affairs. ments of international agreements, other Regulation; Technical Amendments’’ (FAC EC–2170. A communication from the Assist- than treaties (List 2015–0073–2015–0076); to the 2005–83) received during adjournment of the ant Director for Regulatory Affairs, Office of Committee on Foreign Relations. Senate in the Office of the President of the Foreign Assets Control, Department of the EC–2180. A communication from the Execu- Senate on July 1, 2015; to the Committee on Treasury, transmitting, pursuant to law, the tive Analyst, Office of the Secretary, Depart- Homeland Security and Governmental Af- report of a rule entitled ‘‘Venezuela Sanc- ment of Health and Human Services, trans- fairs. tions Regulations’’ (31 CFR Parts 591) re- mitting, pursuant to law, a report relative to EC–2189. A communication from the Senior ceived in the Office of the President of the a vacancy in the position of Assistant Sec- Procurement Executive, Office of Acquisi- Senate on July 7, 2015; to the Committee on retary for Health, Department of Health and tion Policy, General Services Administra- Banking, Housing, and Urban Affairs. Human Services, received during adjourn- tion, transmitting, pursuant to law, the re- EC–2171. A communication from the Senior ment of the Senate in the Office of the Presi- port of a rule entitled ‘‘Federal Acquisition Vice President and Chief Financial Officer, dent of the Senate on July 1, 2015; to the Regulation; Federal Acquisition Circular Federal Home Loan Bank of Dallas, trans- Committee on Health, Education, Labor, and 2005–83; Small Entity Compliance Guide’’ mitting, pursuant to law, the Bank’s man- Pensions. (FAC 2005–83) received during adjournment of agement report for fiscal year 2014; to the EC–2181. A communication from the Execu- the Senate in the Office of the President of Committee on Banking, Housing, and Urban tive Analyst, Office of the Secretary, Depart- the Senate on July 1, 2015; to the Committee Affairs. ment of Health and Human Services, trans- on Homeland Security and Governmental Af- EC–2172. A communication from the Assist- mitting, pursuant to law, a report relative to fairs. ant General Counsel for Legislation, Regula- a vacancy in the position of Assistant Sec- EC–2190. A communication from the Senior tion and Energy Efficiency, Office of Energy retary for Health, Department of Health and Procurement Executive, Office of Acquisi- Efficiency and Renewable Energy, Depart- Human Services, received during adjourn- tion Policy, General Services Administra- ment of Energy, transmitting, pursuant to ment of the Senate in the Office of the Presi- tion, transmitting, pursuant to law, the re- law, the report of a rule entitled ‘‘Energy dent of the Senate on July 1, 2015; to the port of a rule entitled ‘‘Federal Acquisition Conservation Program: Test Procedures for Committee on Health, Education, Labor, and Regulation; Clarification on Justification for Conventional Ovens’’ ((RIN1904–AC71) (Dock- Pensions. Urgent Noncompetitive Awards Exceeding

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.032 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4952 CONGRESSIONAL RECORD — SENATE July 9, 2015 One Year’’ ((RIN9000–AM86) (FAC 2005–83)) re- on D.C. Act 21–92, ‘‘Medical Marijuana Cul- ment of the Senate in the Office of the Presi- ceived during adjournment of the Senate in tivation Center Exception Temporary dent of the Senate on July 1, 2015; to the the Office of the President of the Senate on Amendment Act of 2015’’; to the Committee Committee on Commerce, Science, and July 1, 2015; to the Committee on Homeland on Homeland Security and Governmental Af- Transportation. Security and Governmental Affairs. fairs. EC–2208. A communication from the Asso- EC–2191. A communication from the Senior EC–2199. A communication from the Chair- ciate Bureau Chief, Wireline Competition Procurement Executive, Office of Acquisi- man of the Council of the District of Colum- Bureau, Federal Communications Commis- tion Policy, General Services Administra- bia, transmitting, pursuant to law, a report sion, transmitting, pursuant to law, the re- tion, transmitting, pursuant to law, the re- on D.C. Act 21–93, ‘‘Youth Employment and port of a rule entitled ‘‘Lifeline and Link Up port of a rule entitled ‘‘Federal Acquisition Work Readiness Training Temporary Amend- Reform’’ ((RIN3060–AF85) (DA 15–398)) re- Regulation; Prohibition on Contracting with ment Act of 2015’’; to the Committee on ceived during adjournment of the Senate in Inverted Domestic Corporations’’ ((RIN9000– Homeland Security and Governmental Af- the Office of the President of the Senate on AM70) (FAC 2005–83)) received during ad- fairs. July 1, 2015; to the Committee on Commerce, journment of the Senate in the Office of the EC–2200. A communication from the Chair- Science, and Transportation. President of the Senate on July 1, 2015; to man of the Council of the District of Colum- the Committee on Homeland Security and bia, transmitting, pursuant to law, a report f Governmental Affairs. on D.C. Act 21–94, ‘‘Fiscal Year 2015 Second REPORTS OF COMMITTEES EC–2192. A communication from the Senior Revised Budget Request Temporary Adjust- Procurement Executive, Office of Acquisi- ment Act of 2015’’; to the Committee on The following reports of committees tion Policy, General Services Administra- Homeland Security and Governmental Af- were submitted: tion, transmitting, pursuant to law, the re- fairs. By Mr. GRAHAM, from the Committee on port of a rule entitled ‘‘Federal Acquisition EC–2201. A communication from the Chair- Appropriations, without amendment: Regulation; Permanent Authority for Use of man of the Council of the District of Colum- S. 1725. An original bill making appropria- Simplified Acquisition Procedures for Cer- bia, transmitting, pursuant to law, a report tions for the Department of State, foreign tain Commercial Items’’ ((RIN9000–AN06) on D.C. Act 21–90, ‘‘Healthy Hearts of Babies operations, and related programs for the fis- (FAC 2005–83)) received during adjournment Act of 2015’’; to the Committee on Homeland cal year ending September 30, 2016, and for of the Senate in the Office of the President Security and Governmental Affairs. other purposes (Rept. No. 114–79). of the Senate on July 1, 2015; to the Com- EC–2202. A communication from the Chair- By Mr. GRASSLEY, from the Committee mittee on Homeland Security and Govern- man of the Council of the District of Colum- on the Judiciary, without amendment: mental Affairs. bia, transmitting, pursuant to law, a report S. 1300. A bill to amend the section 221 of EC–2193. A communication from the Senior on D.C. Act 21–91, ‘‘Access to Contraceptives the Immigration and Nationality Act to pro- Procurement Executive, Office of Acquisi- Amendment Act of 2015’’; to the Committee vide relief for adoptive families from immi- tion Policy, General Services Administra- on Homeland Security and Governmental Af- grant visa feeds in certain situations. tion, transmitting, pursuant to law, the re- fairs. S. 1482. A bill to improve and reauthorize EC–2203. A communication from the Assist- port of a rule entitled ‘‘Federal Acquisition provisions relating to the application of the ant Administrator for Procurement, Na- Regulation: Update to Product and Service antitrust laws to the award of need-based tional Aeronautics and Space Administra- Codes’’ ((RIN9000–AN08) (FAC 2005–83)) re- educational aid. ceived during adjournment of the Senate in tion, transmitting, pursuant to law, the re- the Office of the President of the Senate on port of a rule entitled ‘‘NASA FAR Regu- f latory Review No. 3’’ (RIN2700–AE19) re- July 1, 2015; to the Committee on Homeland EXECUTIVE REPORTS OF Security and Governmental Affairs. ceived during adjournment of the Senate in EC–2194. A communication from the Senior the Office of the President of the Senate on COMMITTEE Procurement Executive, Office of Acquisi- July 1, 2015; to the Committee on Commerce, The following executive reports of tion Policy, General Services Administra- Science, and Transportation. nominations were submitted: tion, transmitting, pursuant to law, the re- EC–2204. A communication from the Dep- port of a rule entitled ‘‘Federal Acquisition uty Assistant Administrator for Regulatory By Mr. GRASSLEY for the Committee on Regulation; Prohibition on Contracting with Programs, Office of Sustainable Fisheries, the Judiciary. Inverted Domestic Corporations—Represen- Department of Commerce, transmitting, pur- Luis Felipe Restrepo, of Pennsylvania, to tation and Notification’’ ((RIN9000–AM85) suant to law, the report of a rule entitled be United States Circuit Judge for the Third (FAC 2005–83)) received during adjournment ‘‘Fisheries of the Northeastern United Circuit. of the Senate in the Office of the President States; Recreational Management Measures Travis Randall McDonough, of Tennessee, of the Senate on July 1, 2015; to the Com- for the Summer Flounder, Scup, and Black to be United States District Judge for the mittee on Homeland Security and Govern- Sea Bass Fisheries; Fishing Year 2015’’ Eastern District of Tennessee. mental Affairs. (RIN0648–BE89) received during adjournment Waverly D. Crenshaw, Jr., of Tennessee, to EC–2195. A communication from the Senior of the Senate in the Office of the President be United States District Judge for the Mid- Procurement Executive, Office of Acquisi- of the Senate on July 1, 2015; to the Com- dle District of Tennessee. tion Policy, General Services Administra- mittee on Commerce, Science, and Transpor- (Nominations without an asterisk tion, transmitting, pursuant to law, the re- tation. were reported with the recommenda- port of a rule entitled ‘‘Federal Acquisition EC–2205. A communication from the Acting tion that they be confirmed.) Regulation; Inflation Adjustment of Acquisi- Director, National Marine Fisheries Service, tion-Related Thresholds’’ ((RIN9000–AM80) Department of Commerce, transmitting, pur- f suant to law, the report of a rule entitled (FAC 2005–83)) received during adjournment INTRODUCTION OF BILLS AND of the Senate in the Office of the President ‘‘Atlantic Highly Migratory Species; Atlan- of the Senate on July 1, 2015; to the Com- tic Bluefin Tuna Fisheries’’ (RIN0648–XD973) JOINT RESOLUTIONS mittee on Homeland Security and Govern- received during adjournment of the Senate The following bills and joint resolu- mental Affairs. in the Office of the President of the Senate tions were introduced, read the first EC–2196. A communication from the Senior on July 1, 2015; to the Committee on Com- and second times by unanimous con- Procurement Executive, Office of Acquisi- merce, Science, and Transportation. tion Policy, General Services Administra- EC–2206. A communication from the Acting sent, and referred as indicated: tion, transmitting, pursuant to law, the re- Director, Office of Sustainable Fisheries, De- By Mr. HEINRICH: port of a rule entitled ‘‘Federal Acquisition partment of Commerce, transmitting, pursu- S. 1723. A bill to amend the Public Utility Regulation; Federal Acquisition Circular ant to law, the report of a rule entitled Regulatory Policies Act of 1978 to promote 2005–83; Introduction’’ (FAC 2005–83) received ‘‘Snapper-Grouper Fishery of the South At- safe and reliable interconnection and net during adjournment of the Senate in the Of- lantic; 2015 Commercial Accountability billing for community solar facilities; to the fice of the President of the Senate on July 1, Measure and Closure for the South Atlantic Committee on Energy and Natural Re- 2015; to the Committee on Homeland Secu- Lesser Amberjack, Almaco Jack, and Banded sources. rity and Governmental Affairs. Rudderfish Complex’’ (RIN0648–XD988) re- By Mr. HELLER (for himself, Mr. REID, EC–2197. A communication from the Chair- ceived during adjournment of the Senate in Mrs. BOXER, and Mrs. FEINSTEIN): man and President of the Export-Import the Office of the President of the Senate on S. 1724. A bill to provide for environmental Bank, transmitting, pursuant to law, the July 1, 2015; to the Committee on Commerce, restoration activities and forest manage- Semiannual Report from the Office of the In- Science, and Transportation. ment activities in the Lake Tahoe Basin, and spector General for the period from October EC–2207. A communication from the Dep- for other purposes; to the Committee on En- 1, 2014 through March 31, 2015; to the Com- uty Chief, Public Safety and Homeland Secu- vironment and Public Works. mittee on Homeland Security and Govern- rity Bureau, Federal Communications Com- By Mr. GRAHAM: mental Affairs. mission, transmitting, pursuant to law, the S. 1725. An original bill making appropria- EC–2198. A communication from the Chair- report of a rule entitled ‘‘Review of the tions for the Department of State, foreign man of the Council of the District of Colum- Emergency Alert System’’ ((FCC 15–60) (EB operations, and related programs for the fis- bia, transmitting, pursuant to law, a report Docket No. 04–296)) received during adjourn- cal year ending September 30, 2016, and for

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.033 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4953 other purposes; from the Committee on Ap- ment tax credit related to the production of Alaska Native students, and for other pur- propriations; placed on the calendar. electricity from offshore wind; to the Com- poses; to the Committee on Agriculture, Nu- By Mr. MERKLEY (for himself, Mr. mittee on Finance. trition, and Forestry. GARDNER, Mr. BENNET, Mr. PAUL, Mr. By Ms. STABENOW (for herself, Mr. By Mr. CARDIN (for himself, Ms. MI- WYDEN, and Mrs. MURRAY): SCHUMER, Mr. WHITEHOUSE, Ms. WAR- KULSKI, Mr. WARNER, and Mr. KAINE): S. 1726. A bill to create protections for de- REN, Mr. UDALL, Ms. BALDWIN, Mrs. S. 1746. A bill to require the Office of Per- pository institutions that provide financial SHAHEEN, Mr. FRANKEN, Mr. REED, sonnel Management to provide complimen- services to marijuana-related businesses, and Mr. MERKLEY, Mr. BLUMENTHAL, Mr. tary, comprehensive identity protection cov- for other purposes; to the Committee on MARKEY, Ms. KLOBUCHAR, Mr. CARDIN, erage to all individuals whose personally Banking, Housing, and Urban Affairs. and Mr. PETERS): identifiable information was compromised By Mr. WYDEN: S. 1737. A bill to provide an incentive for during recent data breaches at Federal agen- S. 1727. A bill to rename the National Flor- businesses to bring jobs back to America; to cies; to the Committee on Homeland Secu- ence Crittenton Mission; to the Committee the Committee on Finance. rity and Governmental Affairs. on the Judiciary. By Mr. BLUMENTHAL: By Mr. MENENDEZ (for himself and By Mr. COATS: S. 1738. A bill to protect individuals by Mr. GRAHAM): S. 1728. A bill to amend the Internal Rev- strengthening the Nation’s mental health in- S. 1747. A bill to improve the enforcement enue Code of 1986 to provide equal access to frastructure, improving the understanding of of sanctions against the Government of declaratory judgments for organizations violence, strengthening firearm prohibitions North Korea, and for other purposes; to the seeking tax-exempt status; to the Com- and protections for at-risk individuals , and Committee on Foreign Relations. mittee on Finance. improving and expanding the reporting of By Mrs. MURRAY (for herself, Ms. COL- By Mr. FRANKEN (for himself and Mr. mental health records to the National In- LINS, and Mr. DURBIN): CASSIDY): stant Criminal Background Check System; S. 1748. A bill to provide for improved in- S. 1729. A bill to amend the State report to the Committee on the Judiciary. vestment in national transportation infra- card provisions of section 1111(h) of the Ele- By Mr. BOOKER: structure; to the Committee on Commerce, mentary and Secondary Education Act of S. 1739. A bill to increase the minimum lev- Science, and Transportation. 1965 to require the disaggregation of the edu- els of financial responsibility for trans- By Mr. DONNELLY (for himself, Ms. cational outcomes of students with disabil- porting property, and for other purposes; to HEITKAMP, and Mr. MANCHIN): ities by disability category; to the Com- the Committee on Commerce, Science, and S.J. Res. 18. A joint resolution proposing a mittee on Health, Education, Labor, and Transportation. balanced budget amendment to the Constitu- Pensions. By Mr. WYDEN (for himself, Mr. SCHU- tion of the United States; to the Committee By Mr. REED (for himself, Mr. GRASS- MER, Ms. STABENOW, Ms. CANTWELL, on the Judiciary. LEY, and Mr. LEAHY): Mr. NELSON, Mr. MENENDEZ, Mr. CAR- S. 1730. A bill to enhance civil penalties PER, Mr. CARDIN, Mr. BROWN, Mr. f under the Federal securities laws, and for BENNET, Mr. CASEY, Mr. WARNER, Mr. SUBMISSION OF CONCURRENT AND other purposes; to the Committee on Bank- REID, Ms. HIRONO, Mrs. GILLIBRAND, SENATE RESOLUTIONS ing, Housing, and Urban Affairs. Mr. WHITEHOUSE, Mrs. MCCASKILL, By Mrs. MURRAY (for herself and Ms. Mr. MARKEY, Mr. SANDERS, Ms. WAR- The following concurrent resolutions HIRONO): REN, Mr. BLUMENTHAL, Ms. KLO- and Senate resolutions were read, and S. 1731. A bill to amend title 38, United BUCHAR, Mr. LEAHY, Mr. FRANKEN, referred (or acted upon), as indicated: States Code, to waive the minimum period of Mr. MERKLEY, Mrs. BOXER, Mr. DUR- By Mr. ENZI (for himself, Mr. BAR- continuous active duty in the Armed Forces BIN, Mrs. SHAHEEN, Mr. MURPHY, Mr. RASSO, Mr. CRAPO, Mr. RISCH, Ms. for receipt of certain benefits for homeless HEINRICH, Mr. SCHATZ, Ms. BALDWIN, HEITKAMP, Mr. INHOFE, Mr. TESTER, veterans, to authorize the Secretary of Vet- Mrs. MURRAY, Mr. COONS, Ms. MIKUL- Mr. ROUNDS, Mr. LANKFORD, Mr. erans Affairs to furnish such benefits to SKI, Ms. HEITKAMP, Mr. TESTER, Mr. THUNE, and Mr. HOEVEN): homeless veterans with discharges or re- BOOKER, Mr. REED, Mr. KAINE, Mr. S. Res. 219. A resolution designating July leases from service in the Armed Forces with PETERS, Mr. DONNELLY, Mrs. FEIN- 25, 2015, as ‘‘National Day of the American other than dishonorable conditions, and for STEIN, Mr. UDALL, Mr. KING, and Mr. Cowboy’’; considered and agreed to. other purposes; to the Committee on Vet- MANCHIN): erans’ Affairs. S. 1740. A bill to amend the Internal Rev- By Ms. HEITKAMP (for herself and Mr. By Mr. THUNE (for himself, Mrs. enue Code of 1986 to clarify that all provi- HOEVEN): FISCHER, and Mr. MORAN): sions shall apply to legally married same-sex S. Res. 220. A resolution commemorating S. 1732. A bill to authorize elements of the couples in the same manner as other married the 50th anniversary of the Medora Musical; Department of Transportation, and for other couples, and for other purposes; to the Com- considered and agreed to. purposes; to the Committee on Commerce, mittee on Finance. By Mr. GARDNER (for himself, Mr. Science, and Transportation. By Mr. GRAHAM (for himself, Mr. BENNET, and Ms. CANTWELL): S. Res. 221. A resolution recognizing the By Mrs. SHAHEEN: WICKER, and Mr. BROWN): S. 1733. A bill to require the Secretary of S. 1741. A bill to establish tire fuel effi- 100th anniversary of Rocky Mountain Na- Agriculture to establish a forest incentives ciency minimum performance standards, im- tional Park; considered and agreed to. program to keep forests intact and sequester prove tire registration, help consumers iden- f carbon on private forest land of the United tify recalled tires, and for other purposes; to States, and for other purposes; to the Com- the Committee on Commerce, Science, and ADDITIONAL COSPONSORS mittee on Agriculture, Nutrition, and For- Transportation. S. 37 estry. By Ms. HEITKAMP (for herself, Mr. At the request of Ms. HIRONO, her By Mr. KIRK: TESTER, Mrs. MCCASKILL, and Mr. S. 1734. A bill to authorize the Secretary of PETERS): name was added as a cosponsor of S. 37, Transportation to waive the state of good re- S. 1742. A bill to improve the provision of a bill to amend the Elementary and pair certification requirement for partici- postal services to rural areas of the United Secondary Education Act of 1965 to pants in the pilot program for expedited States; to the Committee on Homeland Secu- provide for State accountability in the project delivery; to the Committee on Bank- rity and Governmental Affairs. provision of access to the core re- ing, Housing, and Urban Affairs. By Mr. NELSON (for himself, Mr. sources for learning, and for other pur- By Mr. NELSON (for himself, Mr. BLUMENTHAL, and Mr. MARKEY): SCHUMER, Mrs. BOXER, Mr. S. 1743. A bill to provide greater trans- poses. BLUMENTHAL, Mrs. FEINSTEIN, Mrs. parency, accountability, and safety author- S. 139 GILLIBRAND, Mr. MARKEY, Mr. ity to the National Highway Traffic Safety At the request of Mr. WYDEN, the MENENDEZ, Mr. MURPHY, and Mr. Administration, and for other purposes; to name of the Senator from New York WHITEHOUSE): the Committee on Commerce, Science, and (Mrs. GILLIBRAND) was added as a co- S. 1735. A bill to modernize the Transportation. sponsor of S. 139, a bill to permanently Undetectable Firearms Act of 1988; to the By Mr. PERDUE (for himself and Mr. allow an exclusion under the Supple- Committee on the Judiciary. ISAKSON): By Mr. CARPER (for himself, Ms. COL- S. 1744. A bill to authorize the sale of cer- mental Security Income program and LINS, Mr. BOOKER, Mr. BROWN, Mr. tain National Forest System land in the the Medicaid program for compensa- CARDIN, Mr. COONS, Mr. KING, Mr. State of Georgia; to the Committee on Agri- tion provided to individuals who par- MENENDEZ, Mr. MARKEY, Ms. MIKUL- culture, Nutrition, and Forestry. ticipate in clinical trials for rare dis- SKI, Mr. SCHATZ, Ms. WARREN, Mr. By Mr. TESTER: eases or conditions. WHITEHOUSE, Mrs. GILLIBRAND, and S. 1745. A bill to provide grants to eligible S. 183 Mr. REED): entities to develop and maintain or improve S. 1736. A bill to amend the Internal Rev- and expand before school, afterschool, and At the request of Mr. BARRASSO, the enue Code of 1986 to provide for an invest- summer school programs for Indian and name of the Senator from Iowa (Mrs.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.035 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4954 CONGRESSIONAL RECORD — SENATE July 9, 2015 ERNST) was added as a cosponsor of S. cinity of the Republic of Vietnam, and ROBERTS) was added as a cosponsor of 183, a bill to repeal the annual fee on for other purposes. S. 1090, a bill to amend the Robert T. health insurance providers enacted by S. 697 Stafford Disaster Relief and Emer- the Patient Protection and Affordable At the request of Mr. UDALL, the gency Assistance Act to provide eligi- Care Act. names of the Senator from Rhode Is- bility for broadcasting facilities to re- S. 210 land (Mr. REED), the Senator from Kan- ceive certain disaster assistance, and At the request of Mr. CASEY, the sas (Mr. ROBERTS), the Senator from for other purposes. name of the Senator from New York Minnesota (Mr. FRANKEN), the Senator S. 1182 (Mr. SCHUMER) was added as a cospon- from South Carolina (Mr. GRAHAM), At the request of Mr. BLUNT, the sor of S. 210, a bill to amend the Inter- and the Senator from Mississippi (Mr. name of the Senator from New York nal Revenue Code of 1986 to allow a WICKER) were added as cosponsors of S. (Mrs. GILLIBRAND) was added as a co- credit against income tax for amounts 697, a bill to amend the Toxic Sub- sponsor of S. 1182, a bill to exempt ap- paid by a spouse of a member of the stances Control Act to reauthorize and plication of JSA attribution rule in Armed Forces for a new State license modernize that Act, and for other pur- case of existing agreements. or certification required by reason of a poses. S. 1190 permanent change in the duty station S. 743 At the request of Mrs. CAPITO, the of such member to another State. At the request of Mr. BOOZMAN, the name of the Senator from Kansas (Mr. S. 313 name of the Senator from New York MORAN) was added as a cosponsor of S. At the request of Mr. GRASSLEY, the (Mr. SCHUMER) was added as a cospon- 1190, a bill to amend title XVIII of the name of the Senator from Michigan sor of S. 743, a bill to amend title 38, Social Security Act to ensure equal ac- (Mr. PETERS) was added as a cosponsor United States Code, to recognize the cess of Medicare beneficiaries to com- of S. 313, a bill to amend title XVIII of service in the reserve components of munity pharmacies in underserved the Social Security Act to add physical the Armed Forces of certain persons by areas as network pharmacies under therapists to the list of providers al- honoring them with status as veterans Medicare prescription drug coverage, lowed to utilize locum tenens arrange- under law, and for other purposes. and for other purposes. ments under Medicare. S. 746 S. 1300 At the request of Mr. WHITEHOUSE, At the request of Mrs. FEINSTEIN, the S. 357 the name of the Senator from Colorado names of the Senator from Delaware At the request of Mr. FLAKE, the (Mr. BENNET) was added as a cosponsor (Mr. COONS) and the Senator from name of the Senator from Utah (Mr. of S. 746, a bill to provide for the estab- Oklahoma (Mr. INHOFE) were added as HATCH) was added as a cosponsor of S. lishment of a Commission to Accel- cosponsors of S. 1300, a bill to amend 357, a bill to amend title 11 of the erate the End of Breast Cancer. the section 221 of the Immigration and United States Code to require the pub- S 884 Nationality Act to provide relief for lic disclosure by trusts established . adoptive families from immigrant visa under section 524(g) of such title, of At the request of Mr. BLUNT, the fees in certain situations. quarterly reports that contain detailed name of the Senator from North Da- information regarding the receipt and kota (Mr. HOEVEN) was added as a co- S. 1333 disposition of claims for injuries based sponsor of S. 884, a bill to improve ac- At the request of Mr. GARDNER, the on exposure to asbestos, and for other cess to emergency medical services, name of the Senator from Wisconsin purposes. and for other purposes. (Ms. BALDWIN) was added as a cospon- S. 979 sor of S. 1333, a bill to amend the Con- S. 439 At the request of Mr. NELSON, the trolled Substances Act to exclude At the request of Mr. FRANKEN, the name of the Senator from New York cannabidiol and cannabidiol-rich name of the Senator from Connecticut (Mr. SCHUMER) was added as a cospon- plants from the definition of mari- (Mr. BLUMENTHAL) was added as a co- sor of S. 979, a bill to amend title 10, huana, and for other purposes. sponsor of S. 439, a bill to end discrimi- United States Code, to repeal the re- S. 1458 nation based on actual or perceived quirement for reduction of survivor an- At the request of Mr. COATS, the sexual orientation or gender identity nuities under the Survivor Benefit names of the Senator from Wyoming in public schools, and for other pur- Plan by veterans’ dependency and in- (Mr. BARRASSO), the Senator from Mis- poses. demnity compensation, and for other sissippi (Mr. WICKER) and the Senator S. 471 purposes. from Missouri (Mr. BLUNT) were added At the request of Mr. HELLER, the S. 1038 as cosponsors of S. 1458, a bill to amend name of the Senator from Delaware At the request of Mr. RISCH, the the Surface Mining Control and Rec- (Mr. COONS) was added as a cosponsor name of the Senator from Colorado lamation Act of 1977 to ensure sci- of S. 471, a bill to improve the provi- (Mr. GARDNER) was added as a cospon- entific transparency in the develop- sion of health care for women veterans sor of S. 1038, a bill to clarify that no ment of environmental regulations and by the Department of Veterans Affairs, express or implied warranty is provided for other purposes. and for other purposes. by reason of a disclosure relating to S. 1461 S. 571 voluntary participation in the Energy At the request of Mr. THUNE, the At the request of Mr. INHOFE, the Star program, and for other purposes. name of the Senator from North Da- name of the Senator from Oklahoma S. 1085 kota (Ms. HEITKAMP) was added as a co- (Mr. LANKFORD) was added as a cospon- At the request of Mrs. MURRAY, the sponsor of S. 1461, a bill to provide for sor of S. 571, a bill to amend the Pilot’s names of the Senator from Connecticut the extension of the enforcement in- Bill of Rights to facilitate appeals and (Mr. BLUMENTHAL) and the Senator struction on supervision requirements to apply to other certificates issued by from New York (Mr. SCHUMER) were for outpatient therapeutic services in the Federal Aviation Administration, added as cosponsors of S. 1085, a bill to critical access and small rural hos- to require the revision of the third expand eligibility for the program of pitals through 2015. class medical certification regulations comprehensive assistance for family S. 1495 issued by the Federal Aviation Admin- caregivers of the Department of Vet- At the request of Mr. TOOMEY, the istration, and for other purposes. erans Affairs, to expand benefits avail- name of the Senator from Oklahoma S. 681 able to participants under such pro- (Mr. LANKFORD) was added as a cospon- At the request of Mrs. GILLIBRAND, gram, to enhance special compensation sor of S. 1495, a bill to curtail the use the name of the Senator from Lou- for members of the uniformed services of changes in mandatory programs af- isiana (Mr. VITTER) was added as a co- who require assistance in everyday life, fecting the Crime Victims Fund to in- sponsor of S. 681, a bill to amend title and for other purposes. flate spending. 38, United States Code, to clarify pre- S. 1090 S. 1509 sumptions relating to the exposure of At the request of Mr. BOOKER, the At the request of Mr. CARPER, the certain veterans who served in the vi- name of the Senator from Kansas (Mr. names of the Senator from Minnesota

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.037 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4955 (Mr. FRANKEN) and the Senator from MERKLEY) and the Senator from Cali- be proposed to S. 1177, an original bill New Jersey (Mr. MENENDEZ) were added fornia (Mrs. BOXER) were added as co- to reauthorize the Elementary and Sec- as cosponsors of S. 1509, a bill to amend sponsors of S. 1716, a bill to provide ac- ondary Education Act of 1965 to ensure title XVIII of the Social Security Act cess to higher education for the stu- that every child achieves. to provide for the coordination of pro- dents of the United States. AMENDMENT NO. 2135 grams to prevent and treat obesity, S. 1717 At the request of Mrs. GILLIBRAND, and for other purposes. At the request of Mr. PORTMAN, the the names of the Senator from West S. 1540 names of the Senator from Mississippi Virginia (Mrs. CAPITO), the Senator At the request of Mrs. MCCASKILL, (Mr. COCHRAN) and the Senator from from New Jersey (Mr. MENENDEZ), the the name of the Senator from Arkansas Louisiana (Mr. CASSIDY) were added as Senator from Pennsylvania (Mr. (Mr. COTTON) was added as a cosponsor cosponsors of S. 1717, a bill to amend CASEY), the Senator from New York of S. 1540, a bill to improve the enforce- title 46, United States Code, to exempt (Mr. SCHUMER), the Senator from Illi- ment of prohibitions on robocalls, in- old vessels that only operate within in- nois (Mr. DURBIN) and the Senator from cluding fraudulent robocalls. land waterways from the fire-retardant Ohio (Mr. BROWN) were added as co- S. 1544 materials requirement if the owners of sponsors of amendment No. 2135 in- At the request of Mr. FLAKE, the such vessels make annual structural tended to be proposed to S. 1177, an name of the Senator from Oklahoma alterations to at least 10 percent of the original bill to reauthorize the Elemen- (Mr. LANKFORD) was added as a cospon- areas of the vessels that are not con- tary and Secondary Education Act of sor of S. 1544, a bill to rescind unused structed of fire-retardant materials. 1965 to ensure that every child earmarks provided for the Department S. RES. 211 achieves. of Transportation, and for other pur- At the request of Mr. CARDIN, the AMENDMENT NO. 2151 poses. name of the Senator from Florida (Mr. At the request of Mr. CARPER, the S. 1584 RUBIO) was added as a cosponsor of S. name of the Senator from New Hamp- At the request of Mr. CASSIDY, the Res. 211, a resolution expressing the shire (Ms. AYOTTE) was added as a co- name of the Senator from Wyoming sense of the Senate regarding sponsor of amendment No. 2151 in- (Mr. BARRASSO) was added as a cospon- Srebrenica. tended to be proposed to S. 1177, an sor of S. 1584, a bill to repeal the re- AMENDMENT NO. 2093 original bill to reauthorize the Elemen- newable fuel standard. At the request of Mr. FRANKEN, the tary and Secondary Education Act of S. 1598 names of the Senator from Connecticut 1965 to ensure that every child At the request of Mr. LEE, the names (Mr. BLUMENTHAL) and the Senator achieves. of the Senator from Indiana (Mr. from Nevada (Mr. REID) were added as AMENDMENT NO. 2152 COATS), the Senator from Mississippi cosponsors of amendment No. 2093 pro- At the request of Mr. CASEY, the (Mr. COCHRAN), the Senator from Wis- posed to S. 1177, an original bill to re- name of the Senator from New Jersey consin (Mr. JOHNSON), the Senator from authorize the Elementary and Sec- (Mr. BOOKER) was added as a cosponsor Alaska (Mr. SULLIVAN), the Senator ondary Education Act of 1965 to ensure of amendment No. 2152 intended to be from Arkansas (Mr. BOOZMAN), the Sen- that every child achieves. proposed to S. 1177, an original bill to ator from North Carolina (Mr. TILLIS), AMENDMENT NO. 2094 reauthorize the Elementary and Sec- the Senator from North Carolina (Mr. At the request of Mr. TOOMEY, the ondary Education Act of 1965 to ensure BURR) and the Senator from Wyoming names of the Senator from Nevada (Mr. that every child achieves. (Mr. BARRASSO) were added as cospon- HELLER), the Senator from Wisconsin AMENDMENT NO. 2159 sors of S. 1598, a bill to prevent dis- (Mr. JOHNSON), the Senator from Okla- At the request of Mr. BENNET, the criminatory treatment of any person homa (Mr. INHOFE), the Senator from name of the Senator from Rhode Island on the basis of views held with respect Kentucky (Mr. MCCONNELL), the Sen- (Mr. REED) was added as a cosponsor of to marriage. ator from Tennessee (Mr. ALEXANDER), amendment No. 2159 intended to be pro- S. 1670 the Senator from Kansas (Mr. ROB- posed to S. 1177, an original bill to re- At the request of Ms. KLOBUCHAR, the ERTS), the Senator from West Virginia authorize the Elementary and Sec- name of the Senator from Illinois (Mr. (Mrs. CAPITO), the Senator from Colo- ondary Education Act of 1965 to ensure DURBIN) was added as a cosponsor of S. rado (Mr. BENNET) and the Senator that every child achieves. 1670, a bill to amend the Torture Vic- from Mississippi (Mr. WICKER) were AMENDMENT NO. 2166 tims Relief Act of 1998 to authorize ap- added as cosponsors of amendment No. At the request of Mr. BROWN, the propriations to provide assistance for 2094 proposed to S. 1177, an original bill name of the Senator from Maryland domestic and foreign programs and to reauthorize the Elementary and Sec- (Ms. MIKULSKI) was added as a cospon- centers for the treatment of victims of ondary Education Act of 1965 to ensure sor of amendment No. 2166 intended to torture, and for other purposes. that every child achieves. be proposed to S. 1177, an original bill S. 1672 AMENDMENT NO. 2096 to reauthorize the Elementary and Sec- At the request of Mrs. FISCHER, the At the request of Mr. KAINE, the ondary Education Act of 1965 to ensure name of the Senator from Montana name of the Senator from Virginia (Mr. that every child achieves. (Mr. TESTER) was added as a cosponsor WARNER) was added as a cosponsor of AMENDMENT NO. 2167 of S. 1672, a bill to authorize States to amendment No. 2096 proposed to S. At the request of Mr. SCHATZ, the enter into interstate compacts regard- 1177, an original bill to reauthorize the name of the Senator from Ohio (Mr. ing Class A commercial driver’s li- Elementary and Secondary Education BROWN) was added as a cosponsor of censes. Act of 1965 to ensure that every child amendment No. 2167 intended to be pro- S. 1714 achieves. posed to S. 1177, an original bill to re- At the request of Mr. MANCHIN, the AMENDMENT NO. 2110 authorize the Elementary and Sec- name of the Senator from Arkansas At the request of Mr. SASSE, his ondary Education Act of 1965 to ensure (Mr. COTTON) was added as a cosponsor name was added as a cosponsor of that every child achieves. of S. 1714, a bill to amend the Surface amendment No. 2110 proposed to S. AMENDMENT NO. 2169 Mining Control and Reclamation Act of 1177, an original bill to reauthorize the At the request of Mr. BOOKER, the 1977 to transfer certain funds to the Elementary and Secondary Education names of the Senator from Iowa (Mr. Multiemployer Health Benefit Plan Act of 1965 to ensure that every child GRASSLEY), the Senator from Okla- and the 1974 United Mine Workers of achieves. homa (Mr. INHOFE) and the Senator America Pension Plan, and for other AMENDMENT NO. 2133 from Oregon (Mr. WYDEN) were added purposes. At the request of Mr. SCOTT, the as cosponsors of amendment No. 2169 S. 1716 name of the Senator from Alabama intended to be proposed to S. 1177, an At the request of Ms. BALDWIN, the (Mr. SESSIONS) was added as a cospon- original bill to reauthorize the Elemen- names of the Senator from Oregon (Mr. sor of amendment No. 2133 intended to tary and Secondary Education Act of

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.038 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4956 CONGRESSIONAL RECORD — SENATE July 9, 2015 1965 to ensure that every child Wall Street through two provisions. and Per Diem program and the Sup- achieves. The first would allow the SEC to triple portive Services for Veteran Families f the penalty cap applicable to recidi- program through partnerships with vists who have been held either crimi- homeless service providers around the STATEMENTS ON INTRODUCED nally or civilly liable for securities country. BILLS AND JOINT RESOLUTIONS fraud within the preceding five years. These important and successful pro- By Mr. REED (for himself, Mr. The second would allow the SEC to grams assist very low-income veterans GRASSLEY, and Mr. LEAHY): seek a civil penalty against those that and their families who either live in S. 1730. A bill to enhance civil pen- violate existing federal court or SEC permanent housing or are transitioning alties under the Federal securities orders, an approach that would be more from homelessness. The programs help laws, and for other purposes; to the efficient, effective, and flexible than our veterans with rent, utilities, mov- Committee on Banking, Housing, and the current civil contempt remedy. ing costs, outreach, case management, Urban Affairs. These two changes would substantially and obtaining benefits. Mr. REED. Mr. President, the improve the ability of the SEC’s en- But last year, after a legal review of Stronger Enforcement of Civil Pen- forcement program to ratchet up pen- its policies, VA was forced to prepare alties Act, which I am pleased to be in- alties for recidivists. for a change that would have cut off troducing today with Senator GRASS- More than half of all U.S. households services to veterans who did not meet LEY and Senator LEAHY, will enhance own securities. They deserve a strong certain length of service or discharge the ability of securities regulators to cop on the beat that has the tools it requirements, changing policies that protect investors and demand greater needs to go after fraudsters and pursue homeless service providers had fol- accountability from market players. the difficult cases arising from our in- lowed for decades. Unfortunately, even after the financial creasingly complex financial markets. That would be a heartless, bureau- crisis that crippled the economy, we The Stronger Enforcement of Civil cratic move that could have put thou- continue to see calculated wrongdoing Penalties Act will give the SEC more sands of veterans on the streets—prac- by some on Wall Street. Without the tools to demand meaningful account- tically overnight. According to some of consequence of meaningful penalties to ability from Wall Street, which in turn our leading veterans and homeless serve as an effective deterrent, I fear will increase transparency and con- groups—including The American Le- this disturbing culture of misconduct fidence in our financial system. I urge gion, the National Alliance to End will persist. our colleagues to support this impor- Homelessness the National Low Income The existing regime for securities tant bipartisan legislation to enhance Housing Coalition, and the National law violations limits by statute the the SEC’s ability to protect investors Coalition for Homeless Veterans—had amount of penalties the Securities and and crack down on fraud. the policy been enacted, VA would Exchange Commission, SEC, can fine By Mrs. MURRAY (for herself and have had to stop serving about 15 per- an institution or individual. During cent of the homeless veteran popu- hearings I held in 2011 in the Securi- Ms. HIRONO): S. 1731. A bill to amend title 38, lation, and in certain urban areas up to ties, Insurance, and Investment Bank- United States Code, to waive the min- 30 percent of homeless veterans would ing Subcommittee, I learned how this imum period of continuous active duty have been turned away. limitation significantly interferes with in the Armed Forces for receipt of cer- The veterans community alerted me the SEC’s ability to perform its en- tain benefits for homeless veterans, to to this possible change—and while I am forcement duties. At that time, the authorize the Secretary of Veterans Af- proud that we prevented these changes agency had been criticized by a Federal fairs to furnish such benefits to home- in the short-term—it is very con- judge for not obtaining a larger settle- less veterans with discharges or re- cerning that a legal opinion could be ment against Citigroup, a major player leases from service in the Armed issued at any time to undo all of that. in the financial crisis that settled with Forces with other than dishonorable There is good reason to reverse this the SEC in an amount that was a frac- conditions, and for other purposes; to policy for good. A report from VA’s In- tion of the cost the bank had inflicted the Committee on Veterans’ Affairs. spector General, issued just last week, on investors. The SEC explained that Mrs. MURRAY. Mr. President, today shows how VA’s unclear or outdated the reason for the low settlement I am introducing the Homeless Vet- guidance hurts veterans, and how VA’s amount was a statutory prohibition erans Services Protection Act of 2015. proposed policy changes work against from levying a larger penalty. This legislation would ensure contin- efforts to help homeless veterans. The bipartisan bill Senator GRASSLEY ued access to homeless services for As a senior member of the Senate and I are introducing updates and some of our country’s most vulnerable Veterans’ Affairs Committee and the strengthens the SEC’s civil penalties veterans who are currently at risk of daughter of a World War II veteran, I’m statute. It aims to make potential and losing these critical services. proud that the bill I have introduced current offenders think twice before The administration set the difficult today would permanently protect engaging in misconduct by increasing but commendable goal of eliminating homeless veterans’ access to housing the maximum civil monetary penalties veteran homelessness. Through tre- and services. permitted by statute, directly linking mendous efforts at every level of gov- This bill makes it clear that our the size of the maximum penalties to ernment, and with the help of commu- country takes care of those who have the amount of losses suffered by vic- nity groups, non-profits and the pri- served, and we don’t allow bureaucracy tims of a violation, and substantially vate sector, we have made major to dictate who gets a roof over their raising the financial stakes for repeat progress toward achieving that goal. head and who doesn’t. offenders of our nation’s securities But we know we have a lot of work to Many veterans struggle with mental laws. do. Veterans are at greater risk of be- illness, substance abuse, or simply Specifically, our bill would give the coming homeless than non-veterans finding a steady job—all factors that SEC more options to tailor penalties to and on any given night as many as can lead to homelessness. the specific circumstances of a given 50,000 veterans are homeless across the And veterans of the wars in Iraq and violation. In addition to raising the per United States. Afghanistan are increasingly becoming violation caps for severe, or ‘‘tier This is unacceptable. homeless—numbers that will continue three,’’ violations to $1 million per of- Our veterans made great sacrifices to increase in the coming years unless fense for individuals and $10 million while serving our country and our com- help is available for them. per offense for entities, the bill would mitment to them is especially impor- The idea that any of these veterans also give the SEC additional options to tant. This commitment includes pro- returning from service could become obtain greater penalties based on the viding benefits, medical care, support, homeless because of these policies is ill-gotten gains of the violator or on and assistance to prevent homeless- unacceptable. the financial harm to investors. ness. If we ever hope to end veteran home- Our bill also addresses the dis- Two of our greatest tools are the De- lessness we must do everything we can concerting trend of repeat offenders on partment of Veterans Affairs’ Grant to reach this goal, and I want to make

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.038 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4957 sure that VA’s policies are moving us ade ago in Oregon. I have always said— introduce today includes provisions in that direction. always said—that if you don’t like gay from bills introduced by myself, Sen- I don’t just believe that the United marriage, don’t get one. This is fun- ators BLUMENTHAL, MARKEY, GILLI- States can do better; I believe we must damentally an issue of justice and of BRAND, SCHATZ, BOOKER, and former do better for those who’ve sacrificed so liberty. I hope all Americans take pride Chairman Rockefeller. Like the earlier much for our country. in the wave of acceptance and equality bills, this legislation is predicated on Finally I would like to thank Sen- that has rolled across our land and this improving four things: transparency, ator HIRONO for cosponsoring this bill decision embodies. wrongdoer accountability, vehicle safe- and being a champion of the men and This legislation now has 36 cospon- ty, and recall effectiveness. women who have served our country. sors. My hope is this body will support First, government transparency. The this proposal on a bipartisan basis. I Department of Transportation Inspec- By Mr. WYDEN (for himself, Mr. look forward to working with our col- tor General identified several problems SCHUMER, Ms. STABENOW, Ms. leagues to take this next step. It is a with how NHTSA processes early warn- CANTWELL, Mr. NELSON, Mr. step toward the arc of justice—the arc ing data. This bill seeks to help remedy MENENDEZ, Mr. CARPER, Mr. of justice that says that all of us—all those problems and increase the trans- CARDIN, Mr. BROWN, Mr. BEN- of us—have to be free. All of us should parency of the information the agency NET, Mr. CASEY, Mr. WARNER, enjoy true and full equality for all receives. For example, the bill would Mr. REID, Ms. HIRONO, Mrs. Americans. I am very pleased 36 col- require NHTSA to upgrade its online GILLIBRAND, Mr. WHITEHOUSE, leagues are joining me in this proposal databases to improve searchability and Mrs. MCCASKILL, Mr. MARKEY, this morning. I hope the Senate will to consider early warning data when Mr. SANDERS, Ms. WARREN, Mr. pass it expeditiously on a bipartisan investigating potential safety defects. BLUMENTHAL, Ms. KLOBUCHAR, basis. The bill would also require NHTSA to Mr. LEAHY, Mr. FRANKEN, Mr. disclose information submitted by MERKLEY, Mrs. BOXER, Mr. DUR- By Mr. NELSON (for himself, Mr. manufacturers to NHTSA through the BIN, Mrs. SHAHEEN, Mr. MUR- BLUMENTHAL, and Mr. MARKEY): Early Warning Reporting system un- PHY, Mr. HEINRICH, Mr. SCHATZ, S. 1743. A bill to provide greater less the information is exempt under Ms. BALDWIN, Mrs. MURRAY, Mr. transparency, accountability, and safe- FOIA. Finally, motor vehicle and COONS, Ms. MIKULSKI, Ms. ty authority to the National Highway equipment manufacturers would have HEITKAMP, Mr. TESTER, Mr. Traffic Safety Administration, and for to automatically submit documenta- BOOKER, Mr. REED, Mr. KAINE, other purposes; to the Committee on tion that first alerted them to a fatal- Mr. PETERS, Mr. DONNELLY, Commerce, Science, and Transpor- ity involving their vehicle or equip- Mrs. FEINSTEIN, Mr. UDALL, Mr. tation. ment to NHTSA’s Early Warning Re- KING, and Mr. MANCHIN): Mr. NELSON. Mr. President, today, I porting database. S. 1740. A bill to amend the Internal am introducing the Motor Vehicle Second, wrongdoer accountability. Revenue Code of 1986 to clarify that all Safety Act of 2015. I introduce this bill The bill would remove the cap on provisions shall apply to legally mar- with Senator BLUMENTHAL, the Rank- NHTSA’s civil penalty authority, ried same-sex couples in the same man- ing Member of the Subcommittee on which is currently at $35 million ner as other married couples, and for Consumer Protection, Product Safety, NHTSA’s civil penalty authority must other purposes; to the Committee on Insurance, and Data Security, as well be bolstered to deter highly profitable Finance. as Senator MARKEY, a valued Member corporations from violating safety Mr. WYDEN. Mr. President, 2 weeks of the Commerce Committee. laws. Otherwise, we get what we have ago, the Supreme Court handed down a Takata airbags. GM ignition switch- now: companies treating NHTSA’s civil wonderful decision recognizing that all es. Toyota unintended acceleration. By penalties as a mere cost of doing busi- Americans have the right to marry the now, we all know the tragic stories: ness. Just look at the GM case, where man or woman they love. It was a tri- automakers and suppliers hiding dan- the maximum $35 million civil penalty umphant movement in the march to- gerous defects for years right under the represented less than 1/1000 of GM’s ward justice, one I was happy to cele- nose of a weak, under-resourced regu- quarterly revenues, which is over $35 brate at home with a group of Orego- lator. The result? Scores of deaths, billion. In addition, the bill would im- nians who were truly elated. In my re- hundreds of injuries, and millions of pose criminal penalties on corporate marks that morning, I said: Love won vehicles still under recall that are en- executives who knowingly conceal the and there is more to be done. dangering lives both inside and outside fact that their product poses a danger So, today, along with 36 colleagues, I the cars. of death or serious injury. Corporate am introducing the Equal Dignity for Every year, over 32,000 people die on executives who hide serious dangers Married Taxpayers Act of 2015. What our roadways—32,000 lives cut short, from the public shouldn’t get off the this legislation does is it removes each 32,000 families without a loved one. Car hook. gender-specific reference to marriage accidents are by far the top cause of Third, vehicle safety. The bill would from the Tax Code. Now, in his opinion accidental deaths. But it doesn’t have authorize NHTSA to conduct new re- for the Court, Justice Kennedy pointed to be this way. Congress can adopt search and implement life-saving out the importance of providing equal practical solutions to help make cars standards to make vehicles safer. For dignity in the eyes of the law. safer and improve the recall process example, it would require large com- Our legislation enshrines that equal and, in turn, save lives. That is exactly mercial trucks to have crash avoidance dignity and respect in our Nation’s tax what this legislation is designed to technologies, and it would improve car laws by recognizing a new dawn of lib- do—to take the lessons we have learned hoods and bumpers to reduce pedes- erty for all Americans. In my view, on from exploding Takata airbags, defec- trian fatalities and injuries. The legis- a more symbolic level, this legislation tive GM ignition switches, and several lation also would task NHTSA with is one way to help close the door on an other recent serious recalls to ensure evaluating whether technology exists era when too many of our laws denied that a company can never again hide a to help prevent children from being left equality to the LGBTQ community. In lethal defects from the public, to im- in hot cars. These changes just make my view, this is a particularly impor- prove the way we recall dangerous sense, and they would save lives. tant step in the march toward justice. cars, and to harness American innova- Lastly, recall effectiveness. The It is a straightforward way to cement tion and ingenuity to make vehicles major lesson from the Takata, GM, and the recognition that all Americans safer. other defect debacles is that we need to share certain unalienable rights— Many of the concepts in today’s bill improve the recall process so that un- among them, life, liberty, and the pur- are not new. Indeed, many of the provi- safe vehicles get fixed as quickly as suit of happiness. sions in the bill have passed the Senate possible. This bill would do just that by I was proud to vote against the De- before with bipartisan support. The improving NHTSA’s recall authority, fense of Marriage Act in the Congress Motor Vehicle Safety Act of 2015 that asking dealers to adopt commonsense 20 years ago and fight measure 36 a dec- Senators BLUMENTHAL, MARKEY, and I practices, and exploring new ways to

VerDate Sep 11 2014 08:16 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.040 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4958 CONGRESSIONAL RECORD — SENATE July 9, 2015 notify consumers of recalls. First, the TITLE I—TRANSPARENCY AND sumptively not be eligible for protection Motor Vehicle Safety Act of 2015 would ACCOUNTABILITY under section 552(b) of title 5, United States give NHTSA the authority to expedite Sec. 101. Public availability of early warn- Code: recalls in the case of substantial likeli- ing data. (1) Vehicle safety defect information re- Sec. 102. Additional early warning reporting lated to incidents involving death or injury. hood of death or serious injury. Sec- (2) Aggregated numbers of property dam- ond, the legislation would ensure that requirements. Sec. 103. Improved National Highway Traffic age claims. used car dealers fix cars under recall Safety Administration vehicle (3) Aggregated numbers of consumer com- before selling them. The fact that used safety databases. plaints related to potential vehicle defects. car dealers can still sell vehicles under Sec. 104. Corporate responsibility for (d) NULLIFICATION OF PRIOR REGULATIONS.— recall without bothering to fix them is NHTSA reports. Beginning 2 years after the date of enact- appalling—several individuals who died Sec. 105. Reports to Congress. ment of this Act, the regulations estab- from exploding Takata airbags had TITLE II—ENHANCED SAFETY AUTHOR- lishing early warning reporting class deter- ITY AND CONSUMER PROTECTION minations in Appendix C of part 512 of title purchased used cars that hadn’t been 49, Code of Federal Regulations, shall have fixed. My legislation would also require Sec. 201. Civil penalties. no force or effect. authorized dealers to check for open re- Sec. 202. Criminal penalties. Sec. 203. Cooperation with foreign govern- SEC. 102. ADDITIONAL EARLY WARNING REPORT- calls when a car is brought in for any ING REQUIREMENTS. service—something that should already ments. Sec. 204. Imminent hazard authority. Section 30166(m) is amended— be very quick and doable for dealers. Sec. 205. Used passenger motor vehicle con- (1) in paragraph (3)(C)— Third, the bill would create grant pro- sumer protection. (A) by striking ‘‘The manufacturer’’ and grams to allow states to participate in Sec. 206. Unattended children warning sys- inserting the following: the recall notification process by noti- tem. ‘‘(i) IN GENERAL.—The manufacturer’’; and fying drivers of open recalls when the Sec. 207. Collision avoidance technologies. (B) by adding at the end the following: ‘‘(ii) FATAL INCIDENTS.—If an incident de- DMV sends registration renewals. Fi- Sec. 208. Motor vehicle pedestrian protec- tion. scribed in clause (i) involves a fatality, the nally, NHTSA would have promulgate Secretary shall require the manufacturer to a rule requiring new vehicles have a TITLE III—FUNDING submit, as part of its incident report— warning feature—similar to tire pres- Sec. 301. Authorization of appropriations. ‘‘(I) all initial claim or notice documents, sure monitor or oil change light on the TITLE IV—RECALL PROCESS as defined by the Secretary through regula- dashboard—that would notify con- IMPROVEMENTS tion, except media reports, that notified the sumers that their cars are subject to a Sec. 401. Recall obligations under bank- manufacturer of the incident; safety recall. With innovations like ruptcy. ‘‘(II) any police reports or other docu- Sec. 402. Dealer requirement to check for ments, as defined by the Secretary through backup cameras and connected cars, regulation, that relate to the initial claim or we’ve seen how technology improves and remedy recall. Sec. 403. Application of remedies for defects notice (except for documents that are pro- safety. I am very excited about the pos- and noncompliance. tected by the attorney-client privilege or sibility that technology can also en- Sec. 404. Direct vehicle notification of re- work product privileges that are not already sure that a driver knows his or her car calls. publicly available), that describe or recon- is under recall and, as a result, prevent Sec. 405. State notification of open safety struct the incident, and that are in the ac- injuries and deaths from safety defects. recalls. tual possession or control of the manufac- Sec. 406. Recall completion pilot grant pro- turer at the time the incident report is sub- The American public demands that mitted; we do something meaningful to keep gram. Sec. 407. Improvements to notification of de- ‘‘(III) any amendments or supplements, as them safe on the road. There will be fect or noncompliance. defined by the Secretary through regulation, more recalls in the future—it is inevi- (c) REFERENCES TO TITLE 49, UNITED STATES to the initial claim or notice documents de- table. And the consequences can be CODE.—Except as otherwise expressly pro- scribed in subclause (I), except for— deadly. But they don’t have to be. Im- vided, wherever in this Act an amendment or ‘‘(aa) medical documents and bills; proving the recall process can and will repeal is expressed in terms of an amend- ‘‘(bb) property damage invoices or esti- save lives. I realize our bill may not ment to, or repeal of, a section or other pro- mates; and vision, the reference shall be considered to ‘‘(cc) documents related to damages; and get us to l00 percent completion of re- ‘‘(IV) any police reports or other docu- calls or perfect motor vehicle safety, be made to a section or other provision of title 49, United States Code. ments described in subclause (II) that are ob- but I am confident that it would go a tained by the manufacturer after the submis- SEC. 2. DEFINITION OF SECRETARY. long way towards improving recall ef- sion of its incident report.’’; In this Act, unless expressly provided oth- (2) in paragraph (4), by amending subpara- fectiveness, adding practical safety erwise, the term ‘‘Secretary’’ means the Sec- graph (C) to read as follows: technologies to vehicles, and making retary of Transportation. ‘‘(C) DISCLOSURE.— Americans safer on our nation’s roads TITLE I—TRANSPARENCY AND and highways. ‘‘(i) IN GENERAL.—The information pro- ACCOUNTABILITY vided to the Secretary under this subsection I want to thank my colleagues, Sen- SEC. 101. PUBLIC AVAILABILITY OF EARLY WARN- shall— ators BLUMENTHAL and MARKEY, for ING DATA. ‘‘(I) be disclosed publicly; and helping me on this extremely impor- (a) REGULATIONS.—Not later than 2 years ‘‘(II) be entered into the early warning re- tant bill and for their dedication to after the date of enactment of this Act, the porting database in a manner specified by making our roads safer. Secretary shall promulgate regulations es- the Secretary through regulation that is Mr. President, I ask unanimous con- tablishing categories of information pro- searchable by manufacturer name, vehicle or vided to the Secretary under section 30166(m) equipment make and model name, model sent that the text of the bill be printed of title 49, United States Code, as amended year, and reported system or component. in the RECORD. by section 102 of this Act, that must be made ‘‘(ii) INFORMATION DISCLOSURE REQUIRE- There being no objection, the text of available to the public. The Secretary may MENTS.—In administering this subparagraph, the bill was ordered to be printed in establish categories of information that are the Secretary shall— the RECORD, as follows: exempt from public disclosure under section ‘‘(I) presume in favor of maximum public 552(b) of title 5, United States Code. availability of information; S. 1743 (b) CONSULTATION.—In conducting the rule- ‘‘(II) require the publication of information Be it enacted by the Senate and House of Rep- making under subsection (a), the Secretary on incidents involving death or injury; and resentatives of the United States of America in shall consult with the Director of the Office ‘‘(III) require the publication of numbers of Congress assembled, of Government Information Services within property damage claims.’’; and SECTION 1. SHORT TITLE; TABLE OF CONTENTS; the National Archives and Records Adminis- (3) by adding at the end the following: REFERENCES. tration and the Director of the Office of In- ‘‘(6) SECTION 552 OF TITLE 5.—Any require- formation Policy of the Department of Jus- ment for the Secretary to publicly disclose (a) SHORT TITLE.—This Act may be cited as the ‘‘Motor Vehicle Safety Act of 2015’’. tice. information under this subsection shall be (c) PRESUMPTION AND LIMITATION.—The construed consistently with the require- (b) TABLE OF CONTENTS.—The table of con- Secretary shall promulgate the regulations ments of section 552 of title 5. tents of this Act is as follows: with a presumption in favor of maximum ‘‘(7) USE OF EARLY WARNING REPORTS.—The Sec. 1. Short title; table of contents; ref- public availability of information. In pro- Secretary shall consider information gath- erences. mulgating regulations under subsection (a), ered under this subsection in proceedings de- Sec. 2. Definition of Secretary. the following types of information shall pre- scribed in sections 30118 and 30162.’’.

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IMPROVED NATIONAL HIGHWAY TRAF- (A) the sufficiency of NHTSA’s procedures (B) by striking the third sentence; FIC SAFETY ADMINISTRATION VEHI- and practices for collecting, verifying the ac- (2) in paragraph (2)— CLE SAFETY DATABASES. curacy and completeness of, analyzing, and (A) in subparagraph (A), by striking (a) IN GENERAL.—Not later than 2 years determining whether to further investigate ‘‘$10,000’’ and inserting ‘‘$100,000’’; and after the date of enactment of this Act, and potential safety issues described in consumer (B) in subparagraph (B), by striking the after public consultation, the Secretary shall complaints and manufacturer submittals to second sentence; and improve public accessibility to information the early warning report system; (3) in paragraph (3)— on the National Highway Traffic Safety Ad- (B) the number and type of requests for in- (A) in the first sentence, by inserting ‘‘or ministration’s publicly accessible vehicle formation made by NHTSA based on data re- causes the violation of’’ after ‘‘violates’’; safety databases— ceived in the early warning reporting system (B) in the second sentence, by striking (1) by improving organization and and consumer complaints received; ‘‘$5,000’’ and inserting ‘‘$25,000’’; and functionality, including design features such (C) the number of safety defect investiga- (C) by striking the third sentence. as drop-down menus, and allowing for data tions opened by NHTSA based on informa- (b) CONSTRUCTION.—Nothing in this section from all of the publicly accessible vehicle tion reported to NHTSA through the early shall be construed as preventing the imposi- safety databases to be searched, sorted, ag- warning reporting system, consumer com- tion of penalties under section 30165 of title gregated, and downloaded in a manner— plaints, or other sources; 49, United States Code, prior to the issuance (A) consistent with the public interest; and (D) the nature and vehicle defect category of a final rule under section 31203(b) of the (B) that facilitates easy use by consumers; of each safety defect investigation described Moving Ahead for Progress in the 21st Cen- (2) by providing greater consistency in in subparagraph (C); tury Act (49 U.S.C. 30165 note). presentation of vehicle safety issues; (E) the duration of each safety defect in- (3) by improving searchability about spe- SEC. 202. CRIMINAL PENALTIES. vestigation described in subparagraph (C), cific vehicles and issues through standardiza- (a) REPORTING STANDARDS.— including— tion of commonly used search terms and the (1) IN GENERAL.—Part I of title 18, United (i) the number of safety defect investiga- integration of databases to enable all to be States Code, is amended by inserting after tions described in subparagraph (C) that are simultaneously searched using the same key- chapter 101 the following: subsequently closed without further action; word search function; and ‘‘CHAPTER 101A—REPORTING STANDARDS and (4) by ensuring that all studies, investiga- (ii) the number and description of safety ‘‘Sec. tion reports, inspection reports, incident re- defect investigations described in subpara- ‘‘2081. Definitions. ports, and other categories of materials, as graph (C) that have been open for more than ‘‘2082. Failure to inform and warn. specified through the rulemaking under sec- 1 year; ‘‘2083. Relationship to existing law. tion 101(a), be made publicly available in a (F) the percentage of the safety defect in- ‘‘§ 2081. Definitions manner that is searchable in databases by— vestigations described in subparagraph (C) (A) manufacturer name, vehicle or equip- ‘‘In this chapter— that result in a finding of a safety defect, re- ment make and model name, and model year; ‘‘(1) the term ‘appropriate Federal agency’ call, or service information campaign; (B) reported system or component; means an agency with jurisdiction over a (G) the status and sufficiency of NHTSA’s (C) number of injuries or fatalities; and covered product, covered service, or business compliance with each recommendation de- (D) any other element that the Secretary practice; signed to improve vehicle safety made by the determines to be in the public interest. ‘‘(2) the term ‘business entity’ means a cor- Inspector General; and (b) INVESTIGATION INFORMATION.—The Sec- poration, company, association, firm, part- retary shall— (H) other information the Inspector Gen- nership, sole proprietor, or other business (1) provide public notice of information re- eral considers appropriate. entity; EPORT.— quests to manufacturers issued under section (2) R ‘‘(3) the term ‘business practice’ means a (A) IN GENERAL.—Not later than 30 days 30166 of title 49, United States Code; and method or practice of— after the date that a report under paragraph (2) make such information requests, the ‘‘(A) manufacturing, assembling, design- (1) is complete, the Inspector General shall manufacturer’s written responses to the in- ing, researching, importing, or distributing a transmit the report to— formation requests, and notice of any en- covered product; (i) the Committee on Commerce, Science, forcement or other action taken as a result ‘‘(B) conducting, providing, or preparing to and Transportation of the Senate; and of the information requests— provide a covered service; or (ii) the Committee on Energy and Com- (A) available to consumers on the Internet ‘‘(C) otherwise carrying out business oper- merce of the House of Representatives. not later than 5 days after such notice is ations relating to covered products or cov- (B) PUBLIC.—The Inspector General shall issued; and ered services; make the report public as soon as prac- (B) searchable by manufacturer name, ve- ‘‘(4) the term ‘covered product’ means a ticable, but not later than 30 days after the hicle or equipment make and model name, product manufactured, assembled, designed, date the report is transmitted under sub- model year, system or component, and the researched, imported, or distributed by a paragraph (A). type of inspection or investigation being business entity that enters interstate com- (b) REPORT ON OPERATIONS OF THE COUNCIL conducted. merce; FOR VEHICLE ELECTRONICS, VEHICLE SOFT- (c) SECTION 552 OF TITLE 5.—Any require- ‘‘(5) the term ‘covered service’ means a ment for the Secretary to publicly disclose WARE, AND EMERGING TECHNOLOGIES.— service conducted or provided by a business information under this section shall be con- (1) IN GENERAL.—Not later than 6 months entity that enters interstate commerce; strued consistently with the requirements of after the date of enactment of this Act, the ‘‘(6) the term ‘responsible corporate offi- section 552 of title 5, United States Code. Secretary shall prepare a report regarding cer’ means a person who— the operations of the Council for Vehicle SEC. 104. CORPORATE RESPONSIBILITY FOR ‘‘(A) is an employer, director, or officer of NHTSA REPORTS. Electronics, Vehicle Software, and Emerging a business entity; Section 30166(o) is amended— Technologies established under section 31401 ‘‘(B) has the responsibility and authority, (1) in paragraph (1), by striking ‘‘may’’ and of the Moving Ahead for Progress in the 21st by reason of his or her position in the busi- inserting ‘‘shall’’; and Century Act (49 U.S.C. 105 note). The report ness entity and in accordance with the rules (2) by adding at the end the following: shall include information about the accom- or practice of the business entity, to acquire ‘‘(3) DEADLINE.—Not later than 1 year after plishments of the Council, the role of the knowledge of any serious danger associated the date of enactment of the Motor Vehicle Council in integrating and aggregating ex- with a covered product (or component of a Safety Act of 2015, the Secretary shall issue pertise across NHTSA, and the priorities of covered product), covered service, or busi- a final rule under paragraph (1).’’. the Council over the next 5 years. ness practice of the business entity; and SEC. 105. REPORTS TO CONGRESS. (2) SUBMISSION OF REPORT.—The Secretary ‘‘(C) has the responsibility, by reason of his (a) ABILITY TO IDENTIFY AND INVESTIGATE shall submit the report upon completion to or her position in the business entity, to VEHICLE SAFETY CONCERNS.— the Committee on Commerce, Science, and communicate information about the serious (1) IN GENERAL.—Not later than 3 years Transportation of the Senate and the Com- danger to— after the date of enactment of this Act, and mittee on Energy and Commerce of the ‘‘(i) an appropriate Federal agency; biennially thereafter for 6 years, the Inspec- House of Representatives. ‘‘(ii) employees of the business entity; or tor General of the Department of Transpor- TITLE II—ENHANCED SAFETY AUTHORITY ‘‘(iii) individuals, other than employees of tation shall update the Inspector General’s AND CONSUMER PROTECTION the business entity, who may be exposed to report dated June 18, 2015 (ST–2015–063) on SEC. 201. CIVIL PENALTIES. the serious danger; the pre-investigation processes used by the (a) IN GENERAL.—Section 30165(a) is amend- ‘‘(7) the term ‘serious bodily injury’ means Office of Defects Investigation of the Na- ed— an impairment of the physical condition of tional Highway Traffic Safety Administra- (1) in paragraph (1)— an individual, including as a result of trau- tion (referred to in this section as ‘‘NHTSA’’) (A) in the first sentence— ma, repetitive motion, or disease, that— to collect and analyze vehicle safety data (i) by inserting ‘‘or causes the violation of’’ ‘‘(A) creates a substantial risk of death; or and to determine potential safety issues and after ‘‘violates’’; and ‘‘(B) causes— whether those processes were sufficiently (ii) by striking ‘‘$5,000’’ and inserting ‘‘(i) serious permanent disfigurement; improved, including an assessment of— ‘‘$25,000’’; and ‘‘(ii) unconsciousness;

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‘‘(iii) extreme pain; or ‘‘(B) PROCEDURE.— (3) EFFECTIVE DATE.—The amendments ‘‘(iv) permanent or protracted loss or im- ‘‘(i) IN GENERAL.—An action under subpara- made by paragraphs (1) and (2) shall take ef- pairment of the function of any bodily mem- graph (A)(i) shall be governed under the rules fect on the date that is 1 year after the date ber, organ, bodily system, or mental faculty; and procedures set forth in section 42121(b) of of enactment of this Act. ‘‘(8) the term ‘serious danger’ means a dan- title 49. (b) PROHIBITION ON RENDERING SAFETY ELE- ger, not readily apparent to a reasonable per- ‘‘(ii) EXCEPTION.—Notification made under MENTS INOPERATIVE.—Section 30122 is amend- son, that the normal or reasonably foresee- section 42121(b)(1) of title 49 shall be made to ed by amending subsection (b) to read as fol- able use of, or the exposure of an individual the person named in the complaint and to lows: to, a covered product, covered service, or the employer. ‘‘(b) PROHIBITION.— business practice has an imminent risk of ‘‘(iii) BURDENS OF PROOF.—An action ‘‘(1) IN GENERAL.—Except as provided in causing death or serious bodily injury to an brought under subparagraph (A)(ii) shall be paragraph (2), a person may not knowingly individual; and governed by the legal burdens of proof set make inoperative any part of a device or ele- ‘‘(9) the term ‘warn affected employees’ forth in section 42121(b) of title 49. ment of design installed on or in a motor ve- means take reasonable steps to give, to each ‘‘(iv) STATUTE OF LIMITATIONS.—An action hicle or motor vehicle equipment in compli- individual who is exposed or may be exposed under subparagraph (A) shall be commenced ance with an applicable motor vehicle safety to a serious danger in the course of work for not later than 180 days after the date on standard prescribed under this chapter un- a business entity, a description of the serious which the violation occurs, or after the date less the person reasonably believes the vehi- danger that is sufficient to make the indi- on which the employee became aware of the cle or equipment will not be used (except for vidual aware of the serious danger. violation. testing or a similar purpose during mainte- ‘‘§ 2082. Failure to inform and warn ‘‘(v) JURY TRIAL.—A party to an action nance or repair) when the device or element ‘‘(a) REQUIREMENT.—After acquiring actual brought under subparagraph (A)(ii) shall be is inoperative. knowledge of a serious danger associated entitled to trial by jury. ‘‘(2) EXCEPTION.—The prohibition under with a covered product (or component of a ‘‘(3) REMEDIES.— paragraph (1) does not apply to a modifica- covered product), covered service, or busi- ‘‘(A) IN GENERAL.—An employee prevailing tion made by an individual to a motor vehi- ness practice of a business entity, a business in any action under paragraph (2)(A) shall be cle or item of equipment owned or leased by entity and any responsible corporate officer entitled to all relief necessary to make the that individual.’’. with respect to the covered product, covered employee whole. (c) CRIMINAL LIABILITY.—Section 30170 is amended by adding at the end the following; service, or business practice, shall— ‘‘(B) COMPENSATORY DAMAGES.—Relief for ‘‘(c) CRIMINAL LIABILITY FOR TAMPERING ‘‘(1) as soon as practicable and not later any action under subparagraph (A) shall in- WITH MOTOR VEHICLE SAFETY ELEMENTS.— than 24 hours after acquiring such knowl- clude— Whoever knowing that he will endanger the edge, verbally inform an appropriate Federal ‘‘(i) reinstatement with the same seniority safety of any person on board a motor vehi- agency of the serious danger, unless the busi- status that the employee would have had, cle or anyone who he believes will board the ness entity or responsible corporate officer but for the discrimination; has actual knowledge that an appropriate same, or with a reckless disregard for the ‘‘(ii) the amount of back pay, with inter- safety of human life, violates section 30122(b) Federal agency has been so informed; est; and ‘‘(2) not later than 15 days after acquiring under this title shall be subject to criminal ‘‘(iii) compensation for any special dam- penalties under section 33(a) of title 18.’’. such knowledge, inform an appropriate Fed- ages sustained as a result of the discrimina- SEC. 203. COOPERATION WITH FOREIGN GOVERN- eral agency in writing of the serious danger; tion, including litigation costs, expert wit- ‘‘(3) as soon as practicable, but not later MENTS. ness fees, and reasonable attorney fees. (a) TITLE 49 AMENDMENT.—Section 30182(b) than 30 days after acquiring such knowledge, ‘‘(4) RIGHTS RETAINED BY EMPLOYEE.—Noth- warn affected employees in writing, unless is amended— ing in this subsection shall be deemed to di- (1) in paragraph (4), by striking ‘‘; and’’ and the business entity or responsible corporate minish the rights, privileges, or remedies of officer has actual knowledge that affected inserting a semicolon; any employee under any Federal or State (2) in paragraph (5), by striking the period employees have been so warned; and law, or under any collective bargaining ‘‘(4) as soon as practicable, but not later at the end and inserting ‘‘; and’’; and agreement. (3) by inserting after paragraph (5) the fol- than 30 days after acquiring such knowledge, ‘‘(5) NONENFORCEABILITY OF CERTAIN PROVI- inform individuals, other than affected em- lowing: SIONS WAIVING RIGHTS AND REMEDIES OR RE- ‘‘(6) enter into cooperative agreements (in ployees, who may be exposed to the serious QUIRING ARBITRATION OF DISPUTES.— danger of the serious danger if such individ- coordination with the Department of State) ‘‘(A) WAIVER OF RIGHTS AND REMEDIES.— and collaborative research and development uals can reasonably be identified. The rights and remedies provided for in this ‘‘(b) PENALTY.— agreements with foreign governments.’’. subsection may not be waived by any agree- ‘‘(1) IN GENERAL.—Whoever knowingly vio- (b) TITLE 23 AMENDMENT.—Section 403 of ment, policy form, or condition of employ- lates subsection (a) shall be fined under this title 23, United States Code, is amended— ment, including by a predispute arbitration title, imprisoned for not more than 5 years, (1) in subsection (b)(2)(C), by inserting agreement. or both. ‘‘foreign government (in coordination with ‘‘(B) PREDISPUTE ARBITRATION AGREE- ‘‘(2) PROHIBITION OF PAYMENT BY BUSINESS the Department of State),’’ after ‘‘institu- MENTS.—No predispute arbitration agree- ENTITIES.—If a final judgment is rendered tion,’’; and and a fine is imposed on an individual under ment shall be valid or enforceable, if the (2) in subsection (c)(1)(A), by inserting this subsection, the fine may not be paid, di- agreement requires arbitration of a dispute ‘‘foreign governments,’’ after ‘‘local govern- rectly or indirectly, out of the assets of any arising under this subsection. ments,’’. business entity on behalf of the individual. ‘‘§ 2083. Relationship to existing law SEC. 204. IMMINENT HAZARD AUTHORITY. ‘‘(c) CIVIL ACTION TO PROTECT AGAINST RE- Section 30118(b) is amended— ‘‘(a) RIGHTS TO INTERVENE.—Nothing in TALIATION.— (1) in paragraph (1), by striking ‘‘(1) The this chapter shall be construed to limit the ‘‘(1) PROHIBITION.—It shall be unlawful to Secretary may’’ and inserting ‘‘(1) IN GEN- right of any individual or group of individ- knowingly discriminate against any person ERAL.—Except as provided under paragraph uals to initiate, intervene in, or otherwise in the terms or conditions of employment, in (3), the Secretary may’’; participate in any proceeding before a regu- retention in employment, or in hiring be- (2) in paragraph (2), by inserting ‘‘OR- latory agency or court, nor to relieve any cause the person informed a Federal agency, DERS.—’’ before ‘‘If the Secretary’’; and regulatory agency, court, or other public warned employees, or informed other indi- (3) by adding after paragraph (2) the fol- body of any obligation, or affect its discre- viduals of a serious danger associated with a lowing: tion to permit intervention or participation covered product, covered service, or business ‘‘(3) IMMINENT HAZARDS.— by an individual or a group or class of con- practice, as required under this section. ‘‘(A) DECISIONS AND ORDERS.—If the Sec- sumers, employees, or citizens in any pro- ‘‘(2) ENFORCEMENT ACTION.— retary makes an initial decision that a de- ceeding or activity. ‘‘(A) IN GENERAL.—A person who alleges fect or noncompliance, or combination of discharge or other discrimination by any ‘‘(b) RULE OF CONSTRUCTION.—Nothing in both, under subsection (a) presents an immi- person in violation of paragraph (1) may seek this chapter shall be construed to— nent hazard, the Secretary— relief under paragraph (3), by— ‘‘(1) increase the time period for informing ‘‘(i) shall notify the manufacturer of a ‘‘(i) filing a complaint with the Secretary of a serious danger or other harm under any motor vehicle or replacement equipment im- of Labor; or other provision of law; or mediately under subsection (a); and ‘‘(ii) if the Secretary has not issued a final ‘‘(2) limit or otherwise reduce the penalties ‘‘(ii) shall order the manufacturer of the decision within 180 days of the filing of the for any violation of Federal or State law motor vehicle or replacement equipment to complaint and there is no showing that such under any other provision of law.’’. immediately— delay is due to the bad faith of the claimant, (2) TECHNICAL AND CONFORMING AMEND- ‘‘(I) give notification under section 30119 of bringing an action at law or equity for de MENT.—The table of chapters for part I of this title to the owners, purchasers, and novo review in the appropriate district court title 18, United States Code, is amended by dealers of the vehicle or equipment of the of the United States, which shall have juris- inserting after the item relating to chapter imminent hazard; and diction over such an action without regard 101 the following: ‘‘(II) remedy the defect or noncompliance to the amount in controversy. ‘‘101A. Reporting standards...... 2081’’. under section 30120 of this title;

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.044 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4961 ‘‘(iii) notwithstanding section 30119 or initiate a rulemaking proceeding to issue a to comply with section 30112, sections 30115 30120, may order the time for notification, Federal motor vehicle safety standard if the through 30121, and section 30166 of this title means of providing notification, earliest Secretary determines that such a standard shall be enforceable against a manufacturer remedy date, and time the owner or pur- meets the requirements and considerations or a manufacturer’s successors-in-interest chaser has to present the motor vehicle or set forth in subsections (a) and (b) of section whether accomplished by merger or by ac- equipment, including a tire, for remedy; and 30111 of title 49, United States Code. The Sec- quisition of the manufacturer’s stock, the ‘‘(iv) may include in an order under this retary shall complete the rulemaking and acquisition of all or substantially all of the subparagraph any other terms or conditions issue a final rule not later than 2 years after manufacturer’s assets or a discrete product that the Secretary determines necessary to the date the rulemaking is initiated. line, or confirmation of any plan of reorga- abate the imminent hazard. (2) REPORT.—If the Secretary determines nization under section 1129 of title 11.’’. ‘‘(B) OPPORTUNITY FOR ADMINISTRATIVE RE- that the standard described in subsection (a) SEC. 402. DEALER REQUIREMENT TO CHECK FOR VIEW.—Subsequent to the issuance of an does not meet the requirements and consid- AND REMEDY RECALL. order under subparagraph (A), opportunity erations set forth in subsections (a) and (b) Section 30120(f) is amended to read as fol- for administrative review shall be provided of section 30111 of title 49, United States lows: in accordance with section 554 of title 5, ex- Code, the Secretary shall submit a report de- ‘‘(f) DEALERS.— cept that such review shall occur not later scribing the reasons for not prescribing such ‘‘(1) FAIR REIMBURSEMENT TO DEALERS.—A than 10 days after issuance of such order. a standard to— manufacturer shall pay fair reimbursement ‘‘(C) DEFINITION OF IMMINENT HAZARD.—In (A) the Committee on Commerce, Science, to a dealer providing a remedy without this paragraph, the term ‘imminent hazard’ and Transportation of the Senate; and charge under this section. means any condition which substantially in- (B) the Committee on Energy and Com- ‘‘(2) REQUIREMENTS.—Each time a defective creases the likelihood of serious injury or merce of the House of Representatives. or noncomplying motor vehicle is presented death if not remedied immediately.’’. SEC. 207. COLLISION AVOIDANCE TECH- to a dealer by the owner of that motor vehi- SEC. 205. USED PASSENGER MOTOR VEHICLE NOLOGIES. cle for any service on that motor vehicle, the CONSUMER PROTECTION. (a) IN GENERAL.—Not later than 2 years dealer shall— (a) IN GENERAL.—Section 30120 is amended after the date of enactment of this Act, the ‘‘(A) inform the owner of the defect or non- by adding at the end the following: Secretary shall initiate a rulemaking to es- compliance; and ‘‘(k) LIMITATION ON SALE OR LEASE OF USED tablish a Federal motor vehicle safety stand- ‘‘(B) with consent from the owner, remedy PASSENGER MOTOR VEHICLES.—(1) A dealer ard requiring a motor vehicle with a gross the defect or noncompliance without charge may not sell or lease a used passenger motor vehicle weight rating greater than 26,000 under this section.’’. vehicle until any defect or noncompliance pounds be equipped with crash avoidance and SEC. 403. APPLICATION OF REMEDIES FOR DE- determined under section 30118 with respect mitigation systems, such as forward colli- FECTS AND NONCOMPLIANCE. to the vehicle has been remedied. sion automatic braking systems and lane de- Section 30120(g)(1) is amended by striking ‘‘(2) Paragraph (1) shall not apply if— parture warning systems. ‘‘the motor vehicle or replacement equip- ‘‘(A) the recall information regarding a (b) PERFORMANCE AND STANDARDS.—The ment was bought by the first purchaser more used passenger motor vehicle was not acces- regulations prescribed under subsection (a) than 10 calendar years, or’’. shall establish performance requirements sible at the time of sale or lease using the and standards to prevent collisions with SEC. 404. DIRECT VEHICLE NOTIFICATION OF RE- means established by the Secretary under CALLS. moving vehicles, stopped vehicles, pedes- section 31301 of the Moving Ahead for (a) RULEMAKING.—Not later than 1 year trians, cyclists, and other road users. Progress in the 21st Century Act (49 U.S.C. after the date of enactment of this Act, the (c) EFFECTIVE DATE.—The regulations pre- 30166 note); or scribed by the Secretary under this section Secretary shall initiate a rulemaking for a ‘‘(B) notification of the defect or non- shall take effect 2 years after the date of regulation to require a warning system in compliance is required under section publication of the final rule. each new motor vehicle to indicate to the op- 30118(b), but enforcement of the order is set erator in a conspicuous manner when the ve- SEC. 208. MOTOR VEHICLE PEDESTRIAN PROTEC- aside in a civil action to which 30121(d) ap- TION. hicle is subject to an open recall. plies. Not later than 2 years after the date of the (b) FINAL RULE.—The Secretary shall pre- ‘‘(3) Notwithstanding section 30102(a)(1), in enactment of this Act, the Secretary, scribe final standards not later than 3 years this subsection— through the Administrator of the National after the date of enactment of this Act. ‘‘(A) the term ‘dealer’ means a person that Highway Traffic Safety Administration, SEC. 405. STATE NOTIFICATION OF OPEN SAFETY has sold at least 10 motor vehicles to 1 or shall issue a final rule that— RECALLS. more consumers during the most recent 12- (1) establishes standards for the hood and (a) GRANT PROGRAM.—Not later than 2 month period; and bumper areas of motor vehicles, including years after the date of enactment of this ‘‘(B) the term ‘used passenger motor vehi- passenger cars, multipurpose passenger vehi- Act, the Secretary shall establish a grant cle’ means a motor vehicle that has pre- cles, trucks, and buses with a gross vehicle program for States to notify registered viously been purchased other than for resale. weight rating of 4,536 kilograms (10,000 motor vehicle owners of safety recalls issued ‘‘(4) By rule, the Secretary may exempt the pounds) or less, in order to reduce the num- by the manufacturers of those motor vehi- auctioning of a used passenger motor vehicle ber of injuries and fatalities suffered by pe- cles. from the requirements under paragraph (1) destrians who are struck by such vehicles; (b) ELIGIBILITY.—To be eligible for a grant, to the extent that the exemption does not and a State shall— harm public safety.’’. (2) considers the protection of vulnerable (1) submit an application in such form and (b) EFFECTIVE DATE.—The amendment pedestrian populations, including children manner as the Secretary prescribes; made by subsection (a) of this section shall and older adults. (2) agree that when a motor vehicle owner take effect on the date that is 18 months TITLE III—FUNDING registers the motor vehicle for use in that after the date of enactment of this Act. State, the State will— SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (A) search the recall database maintained SEC. 206. UNATTENDED CHILDREN WARNING SYS- Section 30104 is amended— TEM. by the National Highway Traffic Safety Ad- (1) by striking ‘‘$98,313,500’’; and (a) SAFETY RESEARCH INITIATIVE.—Not ministration using the motor vehicle identi- (2) by striking ‘‘this part in each fiscal later than 2 years after the date of enact- fication number; year beginning in fiscal year 1999 and ending ment of this Act, the Secretary shall com- (B) determine all safety recalls issued by in fiscal year 2001.’’ and inserting the fol- plete research into the development of per- the manufacturer of that motor vehicle that lowing: ‘‘this chapter and to carry out the formance requirements to warn a driver that have not been completed; and Motor Vehicle Safety Act of 2015— a child or other unattended passenger re- (C) notify the motor vehicle owner of the ‘‘(1) $179,000,000 for fiscal year 2016; mains in a rear seating position after a vehi- safety recalls described in subparagraph (B); ‘‘(2) $187,055,000 for fiscal year 2017; cle motor is disengaged. and ‘‘(3) $195,659,530 for fiscal year 2018; (b) SPECIFICATIONS.—In completing the re- (3) provide such other information or noti- ‘‘(4) $204,268,549 for fiscal year 2019; search under subsection (a), the Secretary fication as the Secretary may require. ‘‘(5) $214,073,440 for fiscal year 2020; and shall consider performance requirements ‘‘(6) $223,920,818 for fiscal year 2021.’’. SEC. 406. RECALL COMPLETION PILOT GRANT that— PROGRAM. (1) sense weight, the presence of a buckled TITLE IV—RECALL PROCESS (a) IN GENERAL.—The Secretary shall con- seat belt, or other indications of the pres- IMPROVEMENTS duct a pilot program to evaluate the feasi- ence of a child or other passenger; and SEC. 401. RECALL OBLIGATIONS UNDER BANK- bility and effectiveness of a State process for (2) provide an alert to prevent RUPTCY. increasing the recall completion rate for hyperthermia and hypothermia that can re- Section 30120A is amended to read as fol- motor vehicles by requiring each owner or sult in death or severe injuries. lows: lessee of a motor vehicle to have repaired (c) RULEMAKING OR REPORT.— ‘‘§ 30120A. Recall obligations and bankruptcy any open recall on that motor vehicle. (1) RULEMAKING.—Not later than 1 year of a manufacturer (b) GRANTS.—To carry out this program, after the date that the research under sub- ‘‘Notwithstanding any provision of title 11, the Secretary shall make a grant to a State section (a) is complete, the Secretary shall United States Code, a manufacturer’s duty to be used to implement the pilot program

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Medora Musical to Theodore Roosevelt and manner as the Secretary prescribes; his life in the North Dakota Badlands; f (2) meet the requirements and provide no- Whereas the Burning Hills Amphitheater, tification of safety recalls to registered SUBMITTED RESOLUTIONS which is home to the Medora Musical and motor vehicle owners under the grant pro- overlooks the Little Missouri River Valley, gram described in section 405 of this Act; seats as many as 2,900 guests each night and (3) except as provided in subsection (d), SENATE RESOLUTION 219—DESIG- features the Burning Hills Singers, the Coal agree to require, as a condition of motor ve- NATING JULY 25, 2015, AS ‘‘NA- Diggers Band, and various comedy and vari- hicle registration, including renewal, that TIONAL DAY OF THE AMERICAN ety acts; the motor vehicle owner or lessee complete Whereas thousands of performers audition all remedies for defects and noncompliance COWBOY’’ to join the professional team of the Medora offered without charge by the manufacturer Mr. ENZI (for himself, Mr. BARRASSO, Musical and work alongside 300 annual em- or a dealer under section 30120 of title 49, Mr. CRAPO, Mr. RISCH, Ms. HEITKAMP, ployees representing 20 or more countries United States Code; and and more than 500 volunteers to create one Mr. INHOFE, Mr. TESTER, Mr. ROUNDS, (4) provide such other information or noti- of the finest attractions in North Dakota; Mr. LANKFORD, Mr. THUNE, and Mr. fication as the Secretary may require. Whereas each summer, the Medora Musical (d) EXCEPTION.—A State may exempt a HOEVEN) submitted the following reso- runs an impressive season with a 2 hour show motor vehicle owner or lessee from the re- lution; which was considered and every night for 94 consecutive days; quirement under subsection (c)(3) if— agreed to: Whereas the Theodore Roosevelt Medora (1) the recall occurred not earlier than 75 S. RES. 219 Foundation, established in 1986 by philan- days prior to the registration or renewal Whereas pioneering men and women, rec- thropist and entrepreneur Harold Schafer, date; has played a profound role in promoting (2) the manufacturer, through a local deal- ognized as ‘‘cowboys’’, helped to establish the American West; North Dakota tourism and bringing families ership, has not provided the motor vehicle of all generations together; owner or lessee with a reasonable oppor- Whereas the cowboy embodies honesty, in- tegrity, courage, compassion, respect, a Whereas the city of Medora, North Dakota, tunity to complete any applicable safety re- home to the Medora Musical and gateway to call remedy due to a shortage of necessary strong work ethic, and patriotism; Whereas the cowboy spirit exemplifies the Theodore Roosevelt National Park, hosts parts or qualified labor; or more than 250,000 visitors each year, and (3) the motor vehicle owner or lessee states strength of character, sound family values, and good common sense; more than 600,000 tourists from around the that the owner or lessee has had no reason- world visit the park each year; able opportunity to complete all applicable Whereas the cowboy archetype transcends ethnicity, gender, geographic boundaries, Whereas the Theodore Roosevelt Medora safety recall remedies, in which case the Foundation, which has invested more than State may grant a temporary registration, of and political affiliations; Whereas the cowboy, who lives off the land $30,000,000 in Medora, North Dakota, raised not more than 90 days, during which time more than $36,000,000 in donations from more the motor vehicle owner or lessee shall com- and works to protect and enhance the envi- ronment, is an excellent steward of the land than 3,700 contributors to preserve the his- plete all applicable safety recall remedies for tory of Medora, North Dakota, and the val- which the necessary parts and qualified labor and its creatures; Whereas cowboy traditions have been a ues of President Theodore Roosevelt; are available. Whereas President Theodore Roosevelt, (e) AWARD.—In selecting an applicant for part of American culture for generations; Whereas the cowboy continues to be an im- following his time in the Badlands near award under this section, the Secretary shall Medora, North Dakota, likened the wondrous consider the State’s methodology for— portant part of the economy through the work of many thousands of ranchers across appeal of the Badlands to a one-of-a-kind (1) determining safety recalls on a motor beauty found nowhere else in the world; vehicle; the United States who contribute to the eco- nomic well-being of every State; Whereas President Theodore Roosevelt (2) informing the owner or lessee of a often said he would not have been President motor vehicle of the safety recalls; Whereas millions of fans watch profes- sional and working ranch rodeo events annu- had it not been for his experiences in North (3) requiring the owner or lessee of a motor Dakota, and many of those experiences are vehicle to repair any safety recall prior to ally, making rodeo one of the most-watched sports in the United States; preserved today through the Medora Musi- issuing any registration, approval, docu- cal, Theodore Roosevelt National Park, and ment, or certificate related to a motor vehi- Whereas membership and participation in rodeo and other organizations that promote the Theodore Roosevelt Medora Foundation; cle registration renewal; and and (4) determining performance in increasing and encompass the livelihood of cowboys span every generation and transcend race Whereas, on July 1, 2015, the Medora Musi- the safety recall completion rate. cal celebrates its 50th anniversary: Now, (f) PERFORMANCE PERIOD.—A grant awarded and gender; therefore, be it under this section shall require a perform- Whereas the cowboy is a central figure in Resolved, That the Senate— ance period for at least 2 years. literature, film, and music and occupies a (1) congratulates the Medora Musical on (g) REPORT.—Not later than 90 days after central place in the public imagination; the completion of the performance period Whereas the cowboy is an American icon; its 50th anniversary; under subsection (f) and the obligations and (2) recognizes the remarkable talents and under the pilot program, the grantee shall Whereas the ongoing contributions made achievements of the many cast and crew provide to the Secretary a report of perform- by cowboys and cowgirls to their commu- members and volunteers of the Medora Musi- ance containing such information as the Sec- nities should be recognized and encouraged: cal who embody the true spirit of the patri- retary considers necessary to evaluate the Now, therefore, be it otism and stewardship of the United States; extent to which safety recalls have been Resolved, That the Senate— and remedied. (1) designates July 25, 2015, as ‘‘National (3) acknowledges the contributions of the (h) EVALUATION.—Not later than 1 year Day of the American Cowboy’’; and Theodore Roosevelt Medora Foundation to after the date the Secretary receives the re- (2) encourages the people of the United preserving the life and legacy of President port under subsection (g), the Secretary States to observe the day with appropriate Theodore Roosevelt. shall evaluate the extent to which safety re- ceremonies and activities. f calls identified under subsection (c) have f been remedied. SENATE RESOLUTION 221—RECOG- SEC. 407. IMPROVEMENTS TO NOTIFICATION OF SENATE RESOLUTION 220—COM- NIZING THE 100TH ANNIVERSARY DEFECT OR NONCOMPLIANCE. MEMORATING THE 50TH ANNI- OF ROCKY MOUNTAIN NATIONAL (a) IMPROVEMENTS TO NOTIFICATION.— VERSARY OF THE MEDORA MU- (1) IN GENERAL.—Not later than 270 days PARK SICAL after the date of enactment of this Act, the Mr. GARDNER (for himself, Mr. BEN- Secretary shall prescribe a final rule revis- Ms. HEITKAMP (for herself and Mr. NET, and Ms. CANTWELL) submitted the ing the regulations under section 577.7 of HOEVEN) submitted the following reso- following resolution; which was consid- title 49, Code of Federal Regulations, to in- lution; which was considered and ered and agreed to: clude notification by electronic means in ad- agreed to: dition to notification by first class mail. S. RES. 221 (2) DEFINITION OF ELECTRONIC MEANS.—In S. RES. 220 Whereas in 1909, reflecting on the beauty of this subsection, the term ‘‘electronic means’’ Whereas the Medora Musical, a nationally what would become Rocky Mountain Na- includes electronic mail and may include renowned musical production of Western tional Park, park promoter, Enos Mills such other means of electronic notification, American patriotism, held its first produc- wrote, ‘‘In years to come when I am asleep

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beneath the pines, thousands of families will and Mrs. MURRAY) to the bill S. 1177, supra; mitted an amendment intended to be pro- find rest and hope in this park’’; which was ordered to lie on the table. posed to amendment SA 2089 submitted by Whereas on January 26, 1915, President SA 2181. Mr. MCCAIN submitted an amend- Mr. ALEXANDER (for himself and Mrs. MUR- Woodrow Wilson signed into law the Act ment intended to be proposed to amendment RAY) to the bill S. 1177, supra; which was or- commonly known as the ‘‘Rocky Mountain SA 2089 submitted by Mr. ALEXANDER (for dered to lie on the table. National Park Act’’ (38 Stat. 798, chapter 19), himself and Mrs. MURRAY) to the bill S. 1177, SA 2196. Mrs. BOXER submitted an amend- which gave that land the special designation supra; which was ordered to lie on the table. ment intended to be proposed by her to the of a national park and preserved the land for SA 2182. Ms. AYOTTE submitted an bill S. 1177, supra; which was ordered to lie the enjoyment of all people of the United amendment intended to be proposed to on the table. States; amendment SA 2089 submitted by Mr. ALEX- SA 2197. Mrs. GILLIBRAND submitted an Whereas 2015 marks the 100th anniversary ANDER (for himself and Mrs. MURRAY) to the amendment intended to be proposed to of the establishment of Rocky Mountain Na- bill S. 1177, supra; which was ordered to lie amendment SA 2089 submitted by Mr. ALEX- tional Park; on the table. ANDER (for himself and Mrs. MURRAY) to the Whereas Rocky Mountain National Park is SA 2183. Mr. SCHATZ submitted an amend- bill S. 1177, supra; which was ordered to lie not only a State treasure, but a national ment intended to be proposed to amendment on the table. SA 2198. Mr. LEE submitted an amendment treasure that attracts more than 3,000,000 SA 2089 submitted by Mr. ALEXANDER (for intended to be proposed to amendment SA visitors each year, and benefits national, himself and Mrs. MURRAY) to the bill S. 1177, 2089 submitted by Mr. ALEXANDER (for him- State, and local economies by generating supra; which was ordered to lie on the table. self and Mrs. MURRAY) to the bill S. 1177, millions of dollars in revenue; SA 2184. Mr. SCHATZ submitted an amend- supra; which was ordered to lie on the table. Whereas Rocky Mountain National Park ment intended to be proposed to amendment SA 2199. Mr. GRAHAM submitted an provides visitors with unparalleled opportu- SA 2089 submitted by Mr. ALEXANDER (for amendment intended to be proposed to nities to experience hundreds of miles of hik- himself and Mrs. MURRAY) to the bill S. 1177, amendment SA 2089 submitted by Mr. ALEX- ing trails, nearly 150 lakes, and scenic vistas supra; which was ordered to lie on the table. ANDER (for himself and Mrs. MURRAY) to the including tundra and montane ecosystems; SA 2185. Mr. WHITEHOUSE submitted an bill S. 1177, supra; which was ordered to lie Whereas on March 30, 2009, 95 percent of amendment intended to be proposed to amendment SA 2089 submitted by Mr. ALEX- on the table. Rocky Mountain National Park was des- SA 2200. Mr. BENNET submitted an ignated as wilderness and the park show- ANDER (for himself and Mrs. MURRAY) to the bill S. 1177, supra; which was ordered to lie amendment intended to be proposed to cases the diverse natural beauty of these amendment SA 2089 submitted by Mr. ALEX- rugged mountains; on the table. SA 2186. Mr. MURPHY submitted an ANDER (for himself and Mrs. MURRAY) to the Whereas Rocky Mountain National Park bill S. 1177, supra; which was ordered to lie has an average altitude higher than any amendment intended to be proposed to amendment SA 2089 submitted by Mr. ALEX- on the table. other national park in the United States, SA 2201. Mr. ALEXANDER submitted an ANDER (for himself and Mrs. MURRAY) to the with dozens of mountains higher than 12,000 amendment intended to be proposed to bill S. 1177, supra; which was ordered to lie feet in elevation, including Longs Peak, amendment SA 2089 submitted by Mr. ALEX- which stands at a massive 14,259 feet; on the table. SA 2187. Mr. FRANKEN (for himself and ANDER (for himself and Mrs. MURRAY) to the Whereas Rocky Mountain National Park bill S. 1177, supra; which was ordered to lie remains an iconic Colorado landscape with Mr. CASSIDY) submitted an amendment in- tended to be proposed to amendment SA 2089 on the table. significant cultural connections to Native SA 2202. Mr. CRUZ submitted an amend- submitted by Mr. ALEXANDER (for himself Americans; ment intended to be proposed to amendment and Mrs. MURRAY) to the bill S. 1177, supra; Whereas Rocky Mountain National Park SA 2089 submitted by Mr. ALEXANDER (for which was ordered to lie on the table. protects 415 square miles of diverse eco- himself and Mrs. MURRAY) to the bill S. 1177, SA 2188. Ms. BALDWIN (for herself and Mr. systems and is home to a wide array of wild- supra; which was ordered to lie on the table. WHITEHOUSE) submitted an amendment in- life, including bighorn sheep, bears, beavers, SA 2203. Mr. MERKLEY submitted an tended to be proposed to amendment SA 2089 marmots, moose, mountain lions, and elk; amendment intended to be proposed to submitted by Mr. ALEXANDER (for himself Whereas the National Park Service will amendment SA 2089 submitted by Mr. ALEX- and Mrs. MURRAY) to the bill S. 1177, supra; continue the long tradition of preserving and ANDER (for himself and Mrs. MURRAY) to the which was ordered to lie on the table. protecting Rocky Mountain National Park bill S. 1177, supra; which was ordered to lie SA 2189. Ms. BALDWIN (for herself and Mr. for years to come, providing access to the on the table. WHITEHOUSE) submitted an amendment in- wilderness and wildlife within Rocky Moun- SA 2204. Ms. HIRONO submitted an amend- tended to be proposed to amendment SA 2089 tain National Park for generations of Ameri- ment intended to be proposed by her to the submitted by Mr. ALEXANDER (for himself cans; and bill S. 1177, supra; which was ordered to lie and Mrs. MURRAY) to the bill S. 1177, supra; Whereas on September 4, 2015, the National on the table. which was ordered to lie on the table. Park Service intends to re-dedicate Rocky SA 2205. Ms. HIRONO submitted an amend- SA 2190. Ms. BALDWIN (for herself and Mr. Mountain National Park for the next 100 ment intended to be proposed by her to the WHITEHOUSE) submitted an amendment in- years; bill S. 1177, supra; which was ordered to lie tended to be proposed to amendment SA 2089 Now, therefore, be it on the table. submitted by Mr. ALEXANDER (for himself Resolved, That the Senate- SA 2206. Mr. THUNE (for himself and Mrs. and Mrs. MURRAY) to the bill S. 1177, supra; (1) congratulates and celebrates Rocky FISCHER) submitted an amendment intended which was ordered to lie on the table. Mountain National Park on the 100th anni- to be proposed to amendment SA 2089 sub- SA 2191. Mr. BOOKER (for himself and Mr. versary of the establishment of the park; mitted by Mr. ALEXANDER (for himself and BENNET) submitted an amendment intended (2) encourages all people of Colorado and of Mrs. MURRAY) to the bill S. 1177, supra; to be proposed to amendment SA 2089 sub- the United States to visit that unique na- which was ordered to lie on the table. mitted by Mr. ALEXANDER (for himself and tional treasure; and SA 2207. Ms. MIKULSKI submitted an Mrs. MURRAY) to the bill S. 1177, supra; (3) declares September 4, 2015, as Rocky amendment intended to be proposed to which was ordered to lie on the table. Mountain National Park Day. amendment SA 2089 submitted by Mr. ALEX- SA 2192. Mrs. BOXER (for herself, Mr. ANDER (for himself and Mrs. MURRAY) to the f BLUMENTHAL, Mr. BROWN, Mr. MARKEY, Mr. bill S. 1177, supra; which was ordered to lie AMENDMENTS SUBMITTED AND MERKLEY, Mr. NELSON, Mr. SCHUMER, and Mr. on the table. PROPOSED WYDEN) submitted an amendment intended SA 2208. Mr. BENNET submitted an to be proposed to amendment SA 2089 sub- amendment intended to be proposed to SA 2178. Mr. COONS (for himself, Mr. mitted by Mr. ALEXANDER (for himself and amendment SA 2089 submitted by Mr. ALEX- BLUNT, and Mr. REED) submitted an amend- Mrs. MURRAY) to the bill S. 1177, supra; ANDER (for himself and Mrs. MURRAY) to the ment intended to be proposed to amendment which was ordered to lie on the table. bill S. 1177, supra; which was ordered to lie SA 2089 submitted by Mr. ALEXANDER (for SA 2193. Mrs. BOXER (for herself, Mr. on the table. himself and Mrs. MURRAY) to the bill S. 1177, BLUMENTHAL, Mr. BROWN, Mr. MARKEY, and SA 2209. Mr. BENNET submitted an to reauthorize the Elementary and Sec- Mr. DURBIN) submitted an amendment in- amendment intended to be proposed to ondary Education Act of 1965 to ensure that tended to be proposed to amendment SA 2089 amendment SA 2089 submitted by Mr. ALEX- every child achieves; which was ordered to submitted by Mr. ALEXANDER (for himself ANDER (for himself and Mrs. MURRAY) to the lie on the table. and Mrs. MURRAY) to the bill S. 1177, supra; bill S. 1177, supra; which was ordered to lie SA 2179. Mr. CRAPO submitted an amend- which was ordered to lie on the table. on the table. ment intended to be proposed to amendment SA 2194. Mr. ISAKSON (for himself and Ms. SA 2210. Mr. BENNET submitted an SA 2089 submitted by Mr. ALEXANDER (for AYOTTE) submitted an amendment intended amendment intended to be proposed to himself and Mrs. MURRAY) to the bill S. 1177, to be proposed to amendment SA 2089 sub- amendment SA 2089 submitted by Mr. ALEX- supra; which was ordered to lie on the table. mitted by Mr. ALEXANDER (for himself and ANDER (for himself and Mrs. MURRAY) to the SA 2180. Mr. CRUZ (for himself, Mr. LEE, Mrs. MURRAY) to the bill S. 1177, supra; bill S. 1177, supra; which was ordered to lie and Mr. CRAPO) submitted an amendment in- which was ordered to lie on the table. on the table. tended to be proposed to amendment SA 2089 SA 2195. Mr. BLUNT (for himself, Mr. SA 2211. Mr. BENNET submitted an submitted by Mr. ALEXANDER (for himself CARDIN, Ms. MIKULSKI, and Ms. COLLINS) sub- amendment intended to be proposed to

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amendment SA 2089 submitted by Mr. ALEX- struction, or allocation of State or local re- ployee of the United States to’’ and inserting ANDER (for himself and Mrs. MURRAY) to the sources; ‘‘A department, agency, officer, or employee bill S. 1177, supra; which was ordered to lie ‘‘(B) mandate a State or any subdivision of the United States shall not’’; on the table. thereof to spend any funds or incur any costs (2) by inserting ‘‘(including the develop- SA 2212. Mr. BOOKER (for himself and Mr. not paid for under this Act; ment of curriculum)’’ after ‘‘over the cur- BENNET) submitted an amendment intended ‘‘(C) incentivize a State, local educational riculum’’; and to be proposed to amendment SA 2089 sub- agency, or school to adopt any specific aca- (3) by striking ‘‘to’’ after ‘‘institution or mitted by Mr. ALEXANDER (for himself and demic standards or a specific curriculum or school system, or’’. Mrs. MURRAY) to the bill S. 1177, supra; program of instruction, which shall include SEC. 10304. PROHIBITION IN RACE TO THE TOP which was ordered to lie on the table. providing any priority, preference, or special FUNDING. SA 2213. Mr. VITTER submitted an amend- consideration during an application process Title XIV of Division A of the American ment intended to be proposed to amendment based on any specific academic standards, Recovery and Reinvestment Act of 2009 (Pub- SA 2089 submitted by Mr. ALEXANDER (for curriculum, or program of instruction; lic Law 111–5) is amended by inserting after himself and Mrs. MURRAY) to the bill S. 1177, ‘‘(D) make financial support available in a section 14007 the following: supra; which was ordered to lie on the table. manner that is conditioned upon a State, ‘‘SEC. 14007A. PROHIBITION ON ASSESSMENTS. SA 2214. Mr. MCCONNELL (for Mrs. FISCH- local educational agency, or school’s adop- ‘‘Notwithstanding any other provision of ER (for herself and Mr . NELSON)) proposed an tion of specific instructional content, aca- law, no funds provided under section 14006 of amendment to the bill S. 1359, to allow man- demic standards, or curriculum, or on the the American Recovery and Reinvestment ufacturers to meet warranty and labeling re- administration of assessments or tests, even Act of 2009 (Public Law 111–5, 123 Stat. 283) quirements for consumer products by dis- if such requirements are specified in this shall be used to develop, pilot test, field test, playing the terms of warranties on Internet Act; or implement, administer, or distribute any as- websites, and for other purposes. ‘‘(E) mandate or require States to admin- sessment or testing materials.’’. f ister assessments or tests to students. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in SA 2180. Mr. CRUZ (for himself, Mr. TEXT OF AMENDMENTS this Act shall be construed to authorize an LEE, and Mr. CRAPO) submitted an SA 2178. Mr. COONS (for himself, Mr. officer or employee of the Federal Govern- amendment intended to be proposed to ment directly or indirectly, whether through BLUNT, and Mr. REED) submitted an grants, contracts, or other cooperative amendment SA 2089 submitted by Mr. amendment intended to be proposed to agreements under this Act (including waiv- ALEXANDER (for himself and Mrs. MUR- amendment SA 2089 submitted by Mr. ers under section 9401), to do any activity RAY) to the bill S. 1177, to reauthorize ALEXANDER (for himself and Mrs. MUR- prohibited under subsection (a).’’; the Elementary and Secondary Edu- RAY) to the bill S. 1177, to reauthorize (2) by redesignating subsection (c) as sub- cation Act of 1965 to ensure that every the Elementary and Secondary Edu- section (a); and child achieves; which was ordered to lie cation Act of 1965 to ensure that every (3) by adding at the end the following: on the table; as follows: child achieves; which was ordered to lie ‘‘(b) PROHIBITION ON ASSESSMENTS IN TITLE I.—Part A of title I shall be carried out with- On page 28, between lines 6 and 7, insert on the table; as follows: out regard to any requirement that a State the following: On page 170, strike lines 20 through 25, and carry out academic assessments or that local ‘‘(vi) include in the plan a description of insert the following: educational agencies, elementary schools, assessments referred to in paragraph (2), or ‘‘(A) IN GENERAL.—Each local educational and secondary schools make adequate yearly an accountability system referred to in para- agency shall reserve at least 1 percent of its progress.’’. graph (3), of subsection (b), nor may the Sec- allocation under subpart 2 to assist schools (b) PROHIBITION ON WAIVER CONDITIONS, RE- retary require inclusion of a description of to carry out the activities described in this QUIREMENTS, OR PREFERENCES.—Section 9401 such assessments or system in a plan or ap- section, except that this subparagraph shall (20 U.S.C. 7861), as amended by section 9105, plication, or use inclusion of such assess- not apply if 1 percent of such agency’s allo- is further amended by striking subsection (h) ments or system as a factor in awarding Fed- cation under subpart 2 for the fiscal year for and inserting the following: eral funding, under any other provision of which the determination is made is $5,000 or ‘‘(h) PROHIBITION ON WAIVER CONDITIONS.— this Act; or less. Nothing in this subparagraph shall be ‘‘(1) IN GENERAL.—The Secretary shall not On page 28, line 7, strike ‘‘(vi)’’ and insert construed to limit local educational agencies establish as a condition for granting a waiv- ‘‘(vii)’’. from reserving more than the 1 percent of its er under this section— On page 36, strike line 18 and all that fol- allocation under subpart 2 to assist schools ‘‘(A) the approval of academic standards by lows through line 25 on page 58, and insert to carry out activities described in this sec- the Federal government; or the following: tion.’’; ‘‘(B) the administration of assessments or ‘‘(2) ASSESSMENTS.—A State may include in tests to students. the State plan a description of, and may im- SA 2179. Mr. CRAPO submitted an ‘‘(2) EFFECT ON PREVIOUSLY ISSUED WAIV- plement, a set of high-quality statewide aca- amendment intended to be proposed to ERS.— demic assessments. amendment SA 2089 submitted by Mr. ‘‘(A) IN GENERAL.—Any requirement de- ‘‘(3) ACCOUNTABILITY.—A State may include scribed in paragraph (1) that was required for in the State plan a description of, and may ALEXANDER (for himself and Mrs. MUR- a waiver provided to a State, local edu- implement, an accountability system. RAY) to the bill S. 1177, to reauthorize cational agency, Indian tribe, or school On page 146, strike line 1 and all that fol- the Elementary and Secondary Edu- under this section before the date of enact- lows through line 23, on page 166. cation Act of 1965 to ensure that every ment of the Local Leadership in Education On page 183, between lines 6 and 7, insert child achieves; which was ordered to lie Act shall be void and have no force of law. the following on the table; as follows: ‘‘(B) PROHIBITED ACTIONS.—The Secretary SEC. 1008A. STATE-DETERMINED ASSESSMENTS AND ACCOUNTABILITY. At the end of the bill, add the following: shall not— ‘‘(i) enforce any requirement that is void After section 1118, as redesignated by sec- PART C—LOCAL LEADERSHIP IN pursuant to subparagraph (A); and tion 1004(3), insert the following: EDUCATION ‘‘(ii) require the State, local educational ‘‘SEC. 1119. STATE-DETERMINED ASSESSMENTS SEC. 10301. SHORT TITLE. agency, Indian tribe, or school to reapply for AND ACCOUNTABILITY. This part may be cited as the ‘‘Local Lead- a waiver, or to agree to any other condition ‘‘Notwithstanding any other provision of ership in Education Act’’. to replace any requirement that is void pur- law, including any other provision of this SEC. 10302. PROHIBITIONS IN THE ELEMENTARY suant to subparagraph (A), until the end of Act, wherever in this Act a reference is made AND SECONDARY EDUCATION ACT. the period of time specified under the waiv- to assessments or accountability under this (a) GENERAL PROHIBITIONS.—Section 9527 of er. part, including a reference to a provision the Elementary and Secondary Education ‘‘(C) NO EFFECT ON OTHER PROVISIONS.—Any under paragraphs (2) or (3) of section Act of 1965 (20 U.S.C. 7907), as amended by other provisions or requirements of a waiver 1111(b)— section 9110, is further amended— provided under this section before the date of ‘‘(1) in the case of a State that elects to (1) by striking subsections (a) and (b) and enactment of the Local Leadership in Edu- implement assessments referred to in section inserting the following: cation Act that are not affected by subpara- 1111(b)(2), a reference to assessments under ‘‘(a) GENERAL PROHIBITIONS.— graph (A) shall remain in effect for the pe- this part shall be deemed to be a reference to ‘‘(1) IN GENERAL.—An officer or employee of riod of time specified under the waiver.’’. those assessments and shall be carried out to the Federal Government shall not directly or SEC. 10303. PROHIBITION IN THE GENERAL EDU- the extent practicable based on the State-de- indirectly, through grants, contracts, or CATION PROVISIONS ACT. termined assessments; other cooperative agreements under this Act Section 438 of the General Education Pro- ‘‘(2) in the case of a State that elects to (including waivers under section 9401)— visions Act (20 U.S.C. 1232a) is amended— implement an accountability system re- ‘‘(A) mandate, direct, or control a State, (1) by striking ‘‘No provision of any appli- ferred to in section 1111(b)(3), a reference to local educational agency, or school’s aca- cable program shall be construed to author- accountability under this part shall be demic standards, curriculum, program of in- ize any department, agency, officer, or em- deemed to be a reference to accountability

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DEMONSTRATION OF NATIVE AMER- that receives a local flexibility agreement to the extent practicable based on the State- ICAN LANGUAGE MEDIUM EDU- under this part. determined accountability system; and CATION. ‘‘(2) ELIGIBLE STATE EDUCATIONAL AGEN- ‘‘(3) in the case of any State not described ‘‘(a) PURPOSE.—The purpose of this section CY.—The term ‘eligible State educational in paragraph (1) or (2), the reference shall is to demonstrate coordinated best practice agency’ means a State educational agency have no effect.’’. in carrying out the educational purposes and that has adopted policies or procedures that On page 185, strike line 19 and all that fol- provisions of the Native American Lan- allow the development, consideration, and lows through line 2 on page 228 and insert the guages Act (25 U.S.C. 2901) in a variety of ex- approval of innovation school plans, con- following: isting schools taught predominantly through sistent with the provisions of this part. the medium of Native American languages ‘‘(3) INNOVATION SCHOOL.—The term ‘inno- SEC. 1012. REPEAL. located on or near lands controlled by a Na- vation school’ means a public school that— Part B of title I (20 U.S.C. 6361 et seq.) is tive American entity. ‘‘(A) is established for the purpose of gen- repealed. ‘‘(b) AWARDING OF PROJECT.—The Secretary erating enhanced opportunities for students shall award a grant to carry out a dem- to learn and achieve through increased edu- SA 2181. Mr. MCCAIN submitted an onstration project under this section to an cator and school-level professional auton- amendment intended to be proposed to entity that meets the criteria described in omy and flexibility; amendment SA 2089 submitted by Mr. subsection (c) and has the most experience in ‘‘(B) is a collaborative initiative enjoying ALEXANDER (for himself and Mrs. MUR- Native American language medium edu- strong buy-in, pursuant to subparagraphs (F) cation. RAY) to the bill S. 1177, to reauthorize and (G) of subsection (f)(1), from key stake- ‘‘(c) DEMONSTRATION PROJECT.—The dem- holders, including parents, education em- the Elementary and Secondary Edu- onstration project shall— ployees, and representatives of such employ- cation Act of 1965 to ensure that every ‘‘(1) include established schools or pro- ees, where applicable; child achieves; which was ordered to lie grams that have been in existence for not ‘‘(C) ensures equitable access for all stu- on the table; as follows: less than 10 years; dent populations; On page 70, line 3, strike the period and in- ‘‘(2) serve Alaska Natives, Native Hawai- ‘‘(D) operates with the same degree of sert the following: ‘‘; and ians, and American Indians, with at least 1 transparency and is held to the same ac- ‘‘(iii) use funds under this part to support example school or program from each of countability standards applicable to other efforts to expand and replicate successful these Native categories assisted under this schools in the school district served by the practices from high-performing charter section; local educational agency that serves the in- schools, magnet schools, and traditional pub- ‘‘(3) include example classes in preschool, novation school; and lic schools. elementary school, intermediate school, and ‘‘(E) is not a magnet school. high school; ‘‘(c) AUTHORITY.— SA 2182. Ms. AYOTTE submitted an ‘‘(4) include a diversity of program types ‘‘(1) IN GENERAL.—Except as provided in amendment intended to be proposed to located in a variety of school types, includ- paragraph (2), the Secretary is authorized to ing at least 1 example in each of a Bureau of allow eligible State educational agencies to amendment SA 2089 submitted by Mr. Indian Affairs school, a public school, a char- receive flexibility authority to provide local ALEXANDER (for himself and Mrs. MUR- ter school, and a private school; educational agencies with flexibility agree- RAY) to the bill S. 1177, to reauthorize ‘‘(5) be for a period of 3 years with an ex- ments if such eligible State educational the Elementary and Secondary Edu- tension for an additional 2 years at the dis- agencies— cation Act of 1965 to ensure that every cretion of the Secretary; ‘‘(A) demonstrate that flexibility agree- child achieves; which was ordered to lie ‘‘(6) be visited in whole or in part by the ments are necessary for the successful oper- on the table; as follows: Secretary and the Secretary of the Interior ation of innovation schools; and or their designees; ‘‘(B) provide a description of any State or On page 469, line 22, strike ‘‘as well as’’ and ‘‘(7) be lead and coordinated by an entity local rules, generally applicable to public insert ‘‘or encourage and develop skills that within a tribal, State, or private institution schools, that will be waived, or otherwise not contribute to’’. of higher education with a high level of expe- apply, to innovation schools. rience in serving the needs of Native Amer- ‘‘(2) EXCEPTION.—Flexibility authority and SA 2183. Mr. SCHATZ submitted an ican language medium education at a vari- flexibility agreements shall not be granted amendment intended to be proposed to ety of levels and circumstances on a State under paragraph (1) with respect to any pro- amendment SA 2089 submitted by Mr. and national level; and vision under part B of the Individuals with ALEXANDER (for himself and Mrs. MUR- ‘‘(8) provide opportunities for participation Disabilities Education Act, title VI of the RAY) to the bill S. 1177, to reauthorize of other tribal, State, and private institu- Civil Rights Act of 1964, or section 504 of the the Elementary and Secondary Edu- tions of higher education. Rehabilitation Act of 1973. ‘‘(d) WAIVERS.—The Secretary may further ‘‘(d) SELECTION OF LOCAL EDUCATIONAL cation Act of 1965 to ensure that every the purpose of this section by waiving provi- AGENCIES.—Each eligible State educational child achieves; which was ordered to lie sions of this Act that the Secretary deter- agency receiving flexibility authority under on the table; as follows: mines appropriate and not in conflict with subsection (c) shall, to the extent prac- On page 40, between lines 14 and 15, insert other Federal law. ticable and applicable, ensure that local the following: ‘‘(e) FUNDING.—The Secretary may fund flexibility agreements made with eligible en- ‘‘(IV) the inclusion of students in programs the demonstration project under this section tities— that use a Native American language, in- with unspent funds from other provisions of ‘‘(1) prioritize local educational agencies cluding American Indian, Native Hawaiian, this Act. that— and Alaska Native languages, as the pre- ‘‘(A) serve the largest numbers or percent- dominant medium language of instruction, SA 2185. Mr. WHITEHOUSE sub- ages of students from low-income families; including programs funded by the Bureau of mitted an amendment intended to be or Indian Education, who shall have the option proposed to amendment SA 2089 sub- ‘‘(B) will use the provided flexibility for in- novative strategies in schools identified as to be assessed in a valid and reliable manner mitted by Mr. ALEXANDER (for himself in need of intervention and support under in the language of instruction and form most and Mrs. MURRAY) to the bill S. 1177, to likely to yield accurate data on what such section 1114; and reauthorize the Elementary and Sec- ‘‘(2) are geographically diverse, including students know and can do in academic con- ondary Education Act of 1965 to ensure tent areas, provided that these students are provided to local educational agencies serv- assessed in English in reading or language that every child achieves; which was ing urban, suburban, or rural areas. ‘‘(e) STATE APPLICATIONS AND REQUIRE- arts, even where such assessment is also ad- ordered to lie on the table; as follows: MENTS.— ministered in a Native American language; On page 630, between lines 4 and 5, insert ‘‘(1) IN GENERAL.—An eligible State edu- the following: cational agency desiring to receive flexi- SA 2184. Mr. SCHATZ submitted an ‘‘PART J—INNOVATION SCHOOLS bility authority under this part shall submit amendment intended to be proposed to DEMONSTRATION AUTHORITY an application to the Secretary at such time amendment SA 2089 submitted by Mr. ‘‘SEC. 5910. INNOVATION SCHOOLS. and in such manner as the Secretary may re- ALEXANDER (for himself and Mrs. MUR- ‘‘(a) PURPOSE.—The purpose of the flexi- quire. The application shall include the fol- RAY) to the bill S. 1177, to reauthorize bility authority under this part is to provide lowing: the Elementary and Secondary Edu- local educational agencies with the flexi- ‘‘(A) DESCRIPTION OF PROGRAM.—A descrip- cation Act of 1965 to ensure that every bility to create locally-designed innovation tion of the eligible State educational agen- cy’s objectives in supporting innovation child achieves; which was ordered to lie schools in order to achieve increased auton- omy and support for innovation schools. schools, and how the objectives of the pro- on the table; as follows: ‘‘(b) DEFINITIONS.—In this part: gram will be carried out, including— On page 228, between lines 2 and 3, insert ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(i) a description of how the State edu- the following: entity’ means a local educational agency cational agency will—

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.064 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4966 CONGRESSIONAL RECORD — SENATE July 9, 2015 ‘‘(I) support the success of innovation ‘‘(II) if applicable, reviewing the schools’ ‘‘(iii) the student engagement policies to schools; independent, annual audits of financial be implemented at the school; ‘‘(II) inform local educational agencies, statements conducted in accordance with ‘‘(iv) the school’s instruction and assess- communities, and schools of the opportunity generally accepted accounting principles, ment plan; for local flexibility agreements under this and ensuring any such audits are publically ‘‘(v) the school’s plan to use data, evalua- part; reported; and tion, and professional learning to improve ‘‘(III) work with eligible entities to ensure ‘‘(III) holding innovation schools account- student achievement; that innovation schools access all Federal, able to the academic, financial, and oper- ‘‘(vi) the proposed budget for the school; State, and local funds such schools are eligi- ational quality controls outlined in the inno- ‘‘(vii) the proposed staffing plan or staff ble to receive; vation plan, such as through renewal, non- compensation model for the school; and ‘‘(IV) work with eligible entities to ensure renewal, or revocation of the school’s inno- ‘‘(viii) the professional development needs that innovation schools receive waivers to vation plan; of leaders and staff to implement the pro- all Federal, State, and local laws necessary ‘‘(iv) the State educational agency will en- gram and how those needs will be addressed; to implement innovation schools’ innovation sure that, to the greatest extent possible, ‘‘(E) an identification of the improvements plans; State and local rules, generally applicable to in academic performance that the school ex- ‘‘(V) ensure each eligible entity works with public schools, will be waived, or otherwise pects to achieve in implementing the innova- innovation schools to ensure inclusion of all not apply, to the extent necessary, to inno- tions; students and promote retention of students vation plans at each innovation school; ‘‘(F) evidence that a majority of the ad- in the school; and ‘‘(v) eligible entities will ensure that each ministrators employed at the public school ‘‘(VI) share best and promising practices innovation school makes publicly available support the request for designation as an in- among innovation schools and other schools; information to help parents make informed novation school; ‘‘(ii) a description of how the State edu- decisions about the education options avail- ‘‘(G) evidence that not less than two-thirds cational agency will actively monitor each able to their children, including information of the regularly employed employees at the eligible entity in a local flexibility agree- on the educational program, student support school vote by secret ballot to approve the ment to hold innovation schools accountable services, and annual performance and enroll- school’s innovation school plan; to ensure a high-quality education, including ment data for students in the innovation ‘‘(H) evidence that the school has strong by approving, re-approving, and revoking the school; and parental support, demonstrated in a manner innovation plan and its attendant flexibility ‘‘(vi) the State educational agency con- determined appropriate by the State edu- based on the performance of the innovation sulted with local educational agencies, cational agency; school, in the areas of student achievement, schools, teachers, principals, other school ‘‘(I) a description of any regulatory or pol- student safety, financial management, and leaders, and parents in developing the State icy requirements that would need to be compliance with all applicable statutes; and application. waived for the public school to implement ‘‘(iii) a description of how the State edu- its identified innovations; and ‘‘(2) ADDITIONAL ELEMENTS.—The provisions cational agency will approve local flexibility of peer review, approval, determination, ‘‘(J) any additional information required agreements, including— demonstration, revision, disapproval, limita- by the local educational agency in which the ‘‘(I) a description of the application each tions, public review, and additional informa- innovation plan would be implemented; local educational agency desiring to enter ‘‘(2) a description of any rules or regula- tion applicable to State plans under para- into such a flexibility agreement will sub- tions that the local educational agency will graphs (3), (4), (5), (6), (7), and (8)(B) of sec- mit, which application shall include— waive in order to provide autonomy to the tion 1111(a) shall apply in the same manner ‘‘(aa) the school innovation plan; innovation schools and why waiving such to State applications submitted under this ‘‘(bb) a description of the roles and respon- regulations will benefit students; subsection. sibilities of local educational agencies and of ‘‘(3) a description of any State regulations any other organizations with which the local ‘‘(f) LOCAL EDUCATIONAL AGENCY APPLICA- that the local educational agency seeks to educational agency will partner to open in- TIONS AND REQUIREMENTS.—A local edu- waive in order to provide autonomy to inno- novation schools, including administrative cational agency that desires to enter into a vation schools, and why waiving such regula- and contractual roles and responsibilities; local flexibility agreement shall submit to tions will benefit students; and ‘‘(cc) a description of the quality controls the State educational agency such informa- ‘‘(4) a description of the process that the that will be used by the local educational tion that the State educational agency shall local educational agency will use to regu- agency, such as a contract or performance require, including— larly review the progress of innovation agreement that includes a school’s perform- ‘‘(1) the plans for all approved innovation schools, including student performance and ance in the State’s academic accountability schools to be served by the local educational performance in the State’s accountability system and impact on student achievement; agency, which shall include— system and decide whether to revoke or con- ‘‘(dd) a description of the planned activi- ‘‘(A) a statement of the innovations tinue the innovation school’s autonomy. ties to be carried out under the flexibility school’s mission and why designation as an ‘‘(g) TEACHER CERTIFICATION REQUIRE- agreement; and innovation school would enhance the MENTS.— ‘‘(ee) a description of waivers and other school’s ability to achieve its mission; ‘‘(1) IN GENERAL.—Notwithstanding any flexibility needed to implement the school ‘‘(B) a description of the innovations the other provision of this part, except as pro- innovation plan; and public school would implement, which may vided under paragraph (2), not more than 5 ‘‘(II) a description of how the State edu- include, innovations in school staffing, cur- percent of the teachers in an innovation cational agency will review applications riculum and assessment, class scheduling school granted flexibility under this part from local educational agencies. and size, use of financial and other resources, may be unlicensed or uncertified at any one ‘‘(B) STATE ASSURANCES.—Assurances from and faculty recruitment, employment, eval- time. Such unlicensed or uncertified teach- the State educational agency that— uation, compensation, and extracurricular ers shall become licensed or certified within ‘‘(i) each eligible entity will ensure that activities; 3 years of being hired. innovation schools have a high degree of au- ‘‘(C) if the innovation school seeks to es- ‘‘(2) STATE REQUIREMENTS.—Innovation tonomy over budget and operations; tablish an advisory board, a description of— schools located in a State with a more le- ‘‘(ii) the State educational agency— ‘‘(i) the membership of the board (which nient teacher license or certification re- ‘‘(I) and each eligible entity entering into may include representatives of teachers, par- quirement than the requirement described in a local flexibility agreement under this sec- ents, students, the local educational agency, paragraph (1) may hire teachers in accord- tion will ensure that each innovation school the State educational agency, the business ance with State teacher license or certifi- that receives funds under the entity’s pro- community, institutions of higher education, cation requirements. gram is meeting the requirements of this or other community representatives); ‘‘(h) REPORTING REQUIREMENTS AND AS- Act, , part B of the Individuals with Disabil- ‘‘(ii) its responsibilities in designing and SESSMENTS.— ities Education Act, title VI of the Civil furthering the mission of the innovation ‘‘(1) REPORTING.—Each eligible State edu- Rights Act of 1964, and section 504 of the Re- school; and cational agency receiving the flexibility au- habilitation Act of 1973; and ‘‘(iii) how the board will ensure coordina- thority granted by the Secretary under this ‘‘(II) will ensure that each eligible entity tion with the local educational agency and section shall submit to the Secretary, at the adequately monitors and provides adequate State educational agency; end of the third year of the demonstration technical assistance to each innovation ‘‘(D) a listing of the programs, policies, or period and at the end of any renewal period, school in recruiting, enrolling, and meeting operational documents within the public a report that includes the following: the needs of all students, including children school that would be affected by the public ‘‘(A) The number of students served by with disabilities and English learners; school’s identified innovations and the man- each innovation school under this part and, ‘‘(iii) the State educational agency will en- ner in which they would be affected, which if applicable, the number of new students sure that the eligible entity will monitor in- shall include— served during each year of the demonstra- novation schools, including by— ‘‘(i) the research-based educational pro- tion period, expressed as a total number and ‘‘(I) using annual performance data, includ- gram the school would implement; as a percentage of the students enrolled in ing graduation rates and student academic ‘‘(ii) the length of school day and school the State and relevant local educational achievement data, as appropriate; year at the school; agencies.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.066 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4967 ‘‘(B) The number of innovation schools entry, college success, and career attain- this part for a fiscal year, the Secretary served under this part. ment, including, at a minimum, strategies to shall reserve not less than 20 percent for eli- ‘‘(C) An overview of the innovations imple- address through services or programs (in- gible entities that propose to carry out the mented in the innovation schools and the in- cluding integrated student supports) the fol- activities described in section 5916 in rural novation school zones in the districts of in- lowing: areas. The Secretary shall reduce the novation. ‘‘(1) High-quality early learning opportuni- amount described in the preceding sentence ‘‘(D) An overview of the academic perform- ties. if the Secretary does not receive a sufficient ance of the students served in innovation ‘‘(2) High-quality schools and out-of- number of applications that are deserving of schools, including a comparison between the school-time programs and strategies. a grant under this part for such purpose. students’ academic performance before and ‘‘(3) Support for a child’s transition to ele- ‘‘SEC. 5914. ELIGIBLE ENTITIES. since implementation of the innovations. mentary school, support for a child’s transi- ‘‘In this part, the term ‘eligible entity’ ‘‘(2) EVALUATION.—The Director of the In- tion from elementary school to middle means— stitute of Education Sciences (or a com- school, from middle school to high school, ‘‘(1) an institution of higher education, as parable, independent research organization) and from high school into and through col- defined in section 102 of the Higher Edu- shall conduct an evaluation of the program lege and into the workforce, including any cation Act of 1965; under this part after year 3 and 5 of the pro- comprehensive readiness assessment as ‘‘(2) an Indian tribe or tribal organization, gram and every 2 years thereafter. deemed necessary. as defined under section 4 of the Indian Self- ‘‘(i) RULE OF CONSTRUCTION AND PROHIBI- ‘‘(4) Family and community engagement. Determination and Education Assistance Act TIONS.— ‘‘(5) Family and student supports, which (25 U.S.C. 450b); or ‘‘(1) RULE OF CONSTRUCTION REGARDING EM- may be provided within the school building. ‘‘(3) one or more nonprofit entities working PLOYMENT.—Nothing in this part shall be ‘‘(6) Activities that support college and ca- in formal partnership with not less than 1 of construed to alter or otherwise affect the reer readiness. the following entities: rights, remedies, and procedures afforded ‘‘(7) Community-based support for students ‘‘(A) A high-need local educational agency. school or school district employees under who have attended the schools in the pipe- ‘‘(B) An institution of higher education, as Federal, State or local laws (including appli- line, or students who are members of the defined in section 102 of the Higher Edu- cable regulations or court orders) or under community, facilitating their continued con- cation Act of 1965. the terms of collective bargaining agree- nection to the community and success in col- ‘‘(C) The office of a chief elected official of ments, memoranda of understanding, or lege and the workforce. a unit of local government. other agreements between such employees ‘‘SEC. 5913. PROGRAM AUTHORIZED. and their employers. ‘‘(D) An Indian tribe or tribal organization, ‘‘(a) IN GENERAL.— as defined under section 4 of the Indian Self- ‘‘(2) PROHIBITION ON FEDERAL INTERFERENCE ‘‘(1) PROGRAM AUTHORIZED.—From amounts Determination and Education Assistance Act WITH STATE AND LOCAL DECISIONS.—Nothing appropriated to carry out this part, the Sec- (25 U.S.C. 450b). in this part shall be construed to permit the retary shall award grants, on a competitive Secretary to establish any criterion that basis, to eligible entities to implement a ‘‘SEC. 5915. APPLICATION REQUIREMENTS. specifies, defines, or prescribes the terms comprehensive, evidence-based continuum of ‘‘(a) IN GENERAL.—An eligible entity desir- governing innovation schools served under coordinated services that meet the purpose ing a grant under this part shall submit an this part. of this part by carrying out the activities in application to the Secretary at such time, in ‘‘(j) DURATION OF FLEXIBILITY DEMONSTRA- neighborhoods with high concentrations of such manner, and containing such informa- TION AUTHORITY AND AGREEMENTS.— low-income individuals and multiple signs of tion as the Secretary may require. ‘‘(1) FLEXIBILITY DEMONSTRATION AUTHOR- distress, which may include poverty, child- ‘‘(b) CONTENTS OF APPLICATION.—At a min- ITY.—Flexibility demonstration authority hood obesity rates, academic failure, and imum, an application described in subsection under this part shall be awarded for a period rates of juvenile delinquency, adjudication, (a) shall include the following: that shall not exceed 5 fiscal years, and may or incarceration, and persistently low- ‘‘(1) A plan to significantly improve the be renewed by the Secretary for 1 additional achieving schools or schools with an achieve- academic outcomes of children living in a 2-year period. ment gap. neighborhood that is served by the eligible ‘‘(2) LOCAL FLEXIBILITY AGREEMENTS.— ‘‘(2) SUFFICIENT SIZE AND SCOPE.—Each entity, by providing pipeline services that Local flexibility agreements awarded by an grant awarded under this part shall be of suf- address the needs of children in the neigh- eligible State educational agency under this ficient size and scope to allow the eligible borhood, as identified by the needs analysis part shall be for a period of not more than 5 entity to carry out the purpose of this part. described in paragraph (4), and supported by years.’’. ‘‘(b) DURATION.—A grant awarded under evidence-based practices. this part shall be for a period of not more ‘‘(2) A description of the neighborhood that SA 2186. Mr. MURPHY submitted an than 5 years, and may be renewed for an ad- the eligible entity will serve. amendment intended to be proposed to ditional period of not more than 5 years ‘‘(3) Measurable annual goals for the out- amendment SA 2089 submitted by Mr. ‘‘(c) CONTINUED FUNDING.—Continued fund- comes of the grant, including performance ALEXANDER (for himself and Mrs. MUR- ing of a grant under this part, including a goals, in accordance with the metrics de- RAY) to the bill S. 1177, to reauthorize grant renewed under subsection (b), after the scribed in section 5918(a), for each year of the the Elementary and Secondary Edu- third year of the grant period shall be con- grant. cation Act of 1965 to ensure that every tingent on the eligible entity’s progress to- ‘‘(4) An analysis of the needs and assets, in- child achieves; which was ordered to lie ward meeting the performance metrics de- cluding size and scope of population affected scribed in section 5918(a). of the neighborhood identified in paragraph on the table; as follows: ‘‘(d) MATCHING REQUIREMENT.— (1), including— On page 630, between lines 4 and 5, insert ‘‘(1) IN GENERAL.—Each eligible entity re- ‘‘(A) a description of the process through the following: ceiving a grant under this part shall con- which the needs analysis was produced, in- SEC. 5011. PROMISE NEIGHBORHOODS. tribute matching funds in an amount equal cluding a description of how parents, family, Title V (20 U.S.C. 7201 et seq.), as amended to not less than 100 percent of the amount of and community members were engaged in by section 5001, is further amended by insert- the grant. Such matching funds shall come such analysis; ing after part I, as added by section 5010, the from Federal, State, local, and private ‘‘(B) an analysis of community assets and following: sources. collaborative efforts, including programs al- ‘‘PART J—PROMISE NEIGHBORHOODS ‘‘(2) PRIVATE SOURCES.—The Secretary ready provided from Federal and non-Federal shall require that a portion of the matching sources, within, or accessible to, the neigh- ‘‘SEC. 5910. SHORT TITLE. funds come from private sources, which may borhood, including, at a minimum, early ‘‘This part may be cited as the ‘Promise include in-kind donations. learning, family and student supports, local Neighborhoods Act of 2015’. ‘‘(3) ADJUSTMENT.—The Secretary may ad- businesses, and institutions of higher edu- ‘‘SEC. 5911. PURPOSE. just the matching funds requirement for ap- cation; ‘‘The purpose of this part is to signifi- plicants that demonstrate high need, includ- ‘‘(C) the steps that the eligible entity is cantly improve the academic and develop- ing applicants from rural areas or applicant taking, at the time of the application, to ad- mental outcomes of children living in our that wish to provide services on tribal lands. dress the needs identified in the needs anal- Nation’s most distressed communities, in- ‘‘(e) FINANCIAL HARDSHIP WAIVER.—The ysis; and cluding ensuring school readiness, high Secretary may waive or reduce, on a case-by- ‘‘(D) any barriers the eligible entity, public school graduation, and college and career case basis, the matching requirement de- agencies, and other community-based orga- readiness for such children, and access to a scribed in subsection (d), including the re- nizations have faced in meeting such needs. community-based continuum of high-quality quirement for funds for private sources for a ‘‘(5) A description of all data that the enti- services. period of 1 year at a time, if the eligible enti- ty used to identify the pipeline services to be ‘‘SEC. 5912. PIPELINE SERVICES DEFINED. ty demonstrates significant financial hard- provided and how the eligible entity will col- ‘‘In this part, the term ‘pipeline services’ ship. lect data on children served by each pipeline means a continuum of supports and services ‘‘(f) RESERVATION FOR RURAL AREAS.— service and increase the percentage of chil- for children from birth through college From the amounts appropriated to carry out dren served over time.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.066 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4968 CONGRESSIONAL RECORD — SENATE July 9, 2015 ‘‘(6) A description of the process used to de- the continuum of supports and services (in- shall collect data on performance indicators velop the application, including the involve- cluding a plan for how to support services of pipeline services and family and student ment of family and community members. and activities after grant funds are no longer supports and report the results to the Sec- ‘‘(7) A description of how the pipeline serv- available) and potential changes in local retary, who shall use the results as a consid- ices will facilitate the coordination of the government; eration in continuing grants after the third following activities: ‘‘(3) each partner’s mission and the plan year and in awarding grant renewals. The in- ‘‘(A) Providing high-quality early learning that will govern the work that the partners dicators shall address the entity’s progress opportunities for children, including by pro- do together; toward meeting the goals of this part to sig- viding opportunities for families and expect- ‘‘(4) each partner’s long-term commitment nificantly improve the academic and devel- ant parents to acquire the skills to promote to supporting the continuum of supports and opmental outcomes of children living in our early learning and child development, and services through data collection, moni- Nation’s most distressed communities from ensuring appropriate screening, diagnostic toring, reporting, and sharing; and birth through college and career entry, in- assessments, and referrals for children with ‘‘(5) each partner’s commitment to ensure cluding ensuring school readiness, high disabilities and developmental delays, con- sound fiscal management and controls, in- school graduation, and college and career sistent with the Individuals with Disabilities cluding evidence of a system of supports and readiness for such children, through the use Education Act, where applicable. personnel. of data-driven decision making and access to ‘‘(B) Supporting, enhancing, operating, or ‘‘SEC. 5916. USE OF FUNDS. a community-based continuum of high-qual- expanding rigorous and comprehensive evi- ‘‘(a) IN GENERAL.—Each eligible entity that ity services, beginning at birth. dence-based education reforms, which may receives a grant under this part shall use the ‘‘(b) EVALUATION.—The Secretary shall include high-quality academic programs, ex- grant funds to— evaluate the implementation and impact of panded learning time, and programs and ac- ‘‘(1) support planning activities to develop the activities funded under this part, in ac- cordance with section 9601. tivities to prepare students for college ad- and implement pipeline services; missions and success. ‘‘(2) implement the pipeline services, as de- ‘‘SEC. 5919. NATIONAL ACTIVITIES. ‘‘(C) Supporting partnerships between scribed in the application under section 5915; ‘‘From the amounts appropriated to carry schools and other community resources with and out this part for a fiscal year, in addition to an integrated focus on academics and other ‘‘(3) continuously evaluate the success of the amounts that may be reserved in accord- ance with section 9601, the Secretary may re- social, health, and familial supports. the program and improve the program based serve not more than 8 percent for national ‘‘(D) Providing social, health, nutrition, on data and outcomes. and mental health services and supports, in- ‘‘(b) SPECIAL RULES.— activities, which may include research, tech- nical assistance, professional development, cluding referrals for essential healthcare and ‘‘(1) FUNDS FOR PIPELINE SERVICES.—Each preventative screenings, for children, family, eligible entity that receives a grant under dissemination of best practices, and other and community members, which may in- this part, for the first and second year of the activities consistent with the purposes of clude services provided within the school grant, shall use not less than 50 percent of this part. building. the grant funds to carry out the activities ‘‘SEC. 5920. AUTHORIZATION OF APPROPRIA- ‘‘(E) Supporting evidence-based programs described in subsection (a)(1). TIONS. ‘‘There are authorized to be appropriated that assist students through school transi- ‘‘(2) OPERATIONAL FLEXIBILITY.—Each eligi- to carry out this part such sums as may be tions, which may include expanding access ble entity that operates a school in a neigh- necessary for each of fiscal years 2016 to college courses for and college enrollment borhood served by a grant program under through 2021.’’. aide or guidance, and other supports for at- this part shall provide such school with the risk youth. operational flexibility, including autonomy SA 2187. Mr. FRANKEN (for himself ‘‘(8) A description of the strategies that over staff, time, and budget, needed to effec- and Mr. CASSIDY) submitted an amend- will be used to provide pipeline services (in- tively carry out the activities described in cluding a description of which programs and the application under section 5915. ment intended to be proposed to services will be provided to children, family ‘‘(3) LIMITATION ON USE OF FUNDS FOR EARLY amendment SA 2089 submitted by Mr. members, community members, and children CHILDHOOD EDUCATION PROGRAMS.—Funds ALEXANDER (for himself and Mrs. MUR- not attending schools or programs operated under this part that are used to improve RAY) to the bill S. 1177, to reauthorize by the eligible entity or its partner pro- early childhood education programs shall the Elementary and Secondary Edu- viders) to support the purpose of this part. not be used to carry out any of the following cation Act of 1965 to ensure that every ‘‘(9) An explanation of the process the eli- activities: gible entity will use to establish and main- child achieves; which was ordered to lie ‘‘(A) Assessments that provide rewards or on the table; as follows: tain family and community engagement, in- sanctions for individual children or teachers. On page 75, line 18, insert ‘‘disability cat- cluding involving representative participa- ‘‘(B) A single assessment that is used as egory as described in subparagraphs (A)(i) tion by the members of such neighborhood in the primary or sole method for assessing pro- and (if applicable for the State) (B)(i) of sec- the planning and implementation of the ac- gram effectiveness. tion 602(3) of the Individuals with Disabil- tivities of each grant awarded under this ‘‘(C) Evaluating children, other than for part, and the provision of strategies and ities Education Act,’’ after ‘‘homeless sta- the purposes of improving instruction, class- tus,’’. practices to assist family and community room environment, professional develop- members in actively supporting student ment, or parent and family engagement, or SA 2188. Ms. BALDWIN (for herself achievement and child development, pro- program improvement. viding services for students, families, and and Mr. WHITEHOUSE) submitted an ‘‘SEC. 5917. REPORT AND PUBLICLY AVAILABLE amendment intended to be proposed to communities within the school building, and DATA. collaboration with institutions of higher ‘‘(a) REPORT.—Each eligible entity that re- amendment SA 2089 submitted by Mr. education, workforce development centers, ceives a grant under this part shall prepare ALEXANDER (for himself and Mrs. MUR- and employers to align expectations and pro- and submit an annual report to the Sec- RAY) to the bill S. 1177, to reauthorize gramming with college and career readiness. retary, which shall include— the Elementary and Secondary Edu- ‘‘(10) An explanation of how the eligible en- ‘‘(1) information about the number and cation Act of 1965 to ensure that every tity will continuously evaluate and improve percentage of children in the neighborhood child achieves; which was ordered to lie the continuum of high-quality pipeline serv- who are served by the grant program, includ- on the table; as follows: ices to provide for continuous program im- ing a description of the number and percent- provement and potential expansion. age of children accessing each support or On page 69, between lines 12 and 13, insert ‘‘(11) An identification of the fiscal agent, service offered as part of the pipeline serv- the following: which may be any entity described in section ices; and ‘‘(M) how the State will ensure the unique 5914 (not including paragraph (2) of such sec- ‘‘(2) information relating to the perform- needs of students at all levels of schooling tion). ance metrics described in section 5918(a); and are met, particularly students in the middle ‘‘(c) MEMORANDUM OF UNDERSTANDING.—An ‘‘(b) PUBLICLY AVAILABLE DATA.—Each eli- grades and high school, including how the eligible entity, as part of the application de- gible entity that receives a grant under this State will work with local educational agen- scribed in this section, shall submit a pre- part shall make publicly available, including cies to— liminary memorandum of understanding, through electronic means, the information ‘‘(i) assist in the identification of middle signed by each partner entity or agency. The described in subsection (a). To the extent grades and high school students who are at- preliminary memorandum of understanding practicable, such information shall be pro- risk of dropping out, such as through the shall describe, at a minimum— vided in a form and language accessible to continuous use of student data related to ‘‘(1) each partner’s financial and pro- parents and families in the neighborhood, measures such as attendance, student sus- grammatic commitment with respect to the and such information shall be a part of state- pensions, course performance, and, postsec- strategies described in the application, in- wide longitudinal data systems. ondary credit accumulation that results in cluding an identification of the fiscal agent; ‘‘SEC. 5918. PERFORMANCE ACCOUNTABILITY actionable steps to inform and differentiate ‘‘(2) each partner’s long-term commitment AND EVALUATION. instruction and support; to providing pipeline services that, at a min- ‘‘(a) PERFORMANCE METRICS.—Each eligible ‘‘(ii) ensure effective student transitions imum, accounts for the cost of supporting entity that receives a grant under this part from elementary school to middle grades and

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.067 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4969 middle grades to high school, such as by ‘‘SEC. 5911. DEFINITIONS. ‘‘(C) from which a significant number or aligning curriculum and supports or imple- ‘‘In this part: percentage of students go on to attend an el- menting personal academic plans to enable ‘‘(1) APPLIED LEARNING.—The term ‘applied igible high school. such students to stay on the path to gradua- learning’ means a strategy that engages stu- ‘‘(8) INDUSTRY-BASED CREDENTIAL.—The tion; dents in opportunities to apply rigorous aca- term ‘industry-based credential’ has the ‘‘(iii) ensure effective student transitions demic content aligned with college-level ex- meaning given the term ‘recognized postsec- from high school to postsecondary edu- pectations to real world experience, through ondary credential’ in section 3 of the Work- cation, such as through the establishment of such means as project-based, work-based, or force Innovation and Opportunity Act (29 partnerships between local educational agen- service-based learning, and develops stu- U.S.C. 3102). cies and institutions of higher education and dents’ cognitive competencies and pertinent ‘‘(9) PERSONALIZED LEARNING.—The term providing students with choices for pathways employability skills. ‘personalized learning’ means a learning en- to postsecondary education, which may in- ‘‘(2) ATTRITION.—The term ‘attrition’ vironment that addresses students’ academic clude the integration of rigorous academics, means the reduction in a school’s student and non-academic needs and provides stu- career and technical education, and work- population as a result of transfers or drop- dents with an individualized sequence of aca- based learning; outs and includes students who have been en- demic content, skill development, support ‘‘(iv) provide professional development to rolled for a minimum of 3 weeks within the services, and ensures that each student has teachers, principals, other school leaders, academic year. an advisor designed to enable the student to and other school personnel in addressing the ‘‘(3) CHRONICALLY ABSENT.—The term achieve the student’s individual learning academic and developmental needs of such ‘chronically absent’, when used with respect goals and ensure the student graduates on students; and to a student— time and ready for college and a career by ‘‘(v) implement any other evidence-based ‘‘(A) means a student who misses not less having developed skills and competencies, strategies or activities that the State deter- than 10 percent of the school days at a including the ability to think critically, mines appropriate for addressing the unique school; and solve complex or non-routine problems, needs of such students; ‘‘(B) does not include any school days a evaluate arguments on the basis of evidence, On page 69, line 13, strike ‘‘(M)’’ and insert student misses due to an in-school or out-of- and communicate effectively. school suspension, or for which a student was ‘‘(N)’’. ‘‘(10) QUALIFIED INTERMEDIARY.—The term On page 69, line 17, strike ‘‘(N)’’ and insert not enrolled at such school. ‘qualified intermediary’ means an entity ‘‘(O)’’. ‘‘(4) COMPETENCY-BASED LEARNING MODEL.— that has— ‘‘(A) IN GENERAL.—The term ‘competency- On page 772, between lines 14 and 15, insert ‘‘(A) a demonstrated record of working on based learning model’ means an education the following: grant-related middle school and high school model in which students advance academi- ‘‘(47) MIDDLE GRADES.—The term middle redesign activities; and cally based upon multiple demonstrations of grades means any of grades 5 through 8.’’. ‘‘(B) expertise in building and sustaining competence in defined content-specific con- At the end of the bill, add the following: partnerships with entities such as employ- cepts and higher order skills, such as critical SEC. 1020l. REPORT ON THE REDUCTION OF THE ers, schools, community-based organizations, thinking and problem solving. NUMBER AND PERCENTAGE OF STU- institutions of higher education, social serv- ‘‘(B) REQUIREMENTS.—In a competency- DENTS WHO DROP OUT OF SCHOOL. ice organizations, economic development or- Not later than 5 years after the date of en- based learning model the following applies: ganizations, and workforce systems to actment of this Act, the Director of the In- ‘‘(i) Competencies include explicit, measur- broker services, resources, and supports to stitute of Education Sciences shall evaluate able, and transferable learning objectives. youth and the organizations and systems the impact of section 1111(c)(1)(M) on reduc- ‘‘(ii) Assessment is used to identify gaps in that are designed to serve youth (including ing the number and percentage of students a student’s knowledge and to provide fre- connecting employers to classrooms, design- who drop out of school. quent and meaningful feedback on the stu- dent’s progression toward filling such gaps ing and implementing contextualized path- SA 2189. Ms. BALDWIN (for herself and moving on to higher levels of knowledge. ways to postsecondary education and ca- reers, developing integrated curricula, deliv- and Mr. WHITEHOUSE) submitted an ‘‘(iii) Each student receives timely, dif- ferentiated support based on the student’s ering professional development, and con- amendment intended to be proposed to necting students to internships and other amendment SA 2089 submitted by Mr. individual learning needs. ‘‘(iv) Student agency is emphasized work-based learning opportunities). ALEXANDER (for himself and Mrs. MUR- through transparency of goals and gaps in ‘‘(11) STUDENT-CENTERED LEARNING AP- RAY) to the bill S. 1177, to reauthorize knowledge, and multiple means to close PROACHES.—The term ‘student-centered the Elementary and Secondary Edu- those gaps. learning approaches’ means instruction and cation Act of 1965 to ensure that every ‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible curriculum that— child achieves; which was ordered to lie entity’ means a local educational agency or ‘‘(A) are— ‘‘(i) based on personalized learning; and on the table; as follows: a consortium of local educational agencies— ‘‘(A) in partnership with— ‘‘(ii) mastery oriented or based on com- On page 630, between lines 4 and 5, insert ‘‘(i) 1 or more institutions of higher edu- petency-based learning models; the following: cation; and ‘‘(B) enable students to have supports to SEC. 5011. IMPROVING SECONDARY SCHOOLS. ‘‘(ii) 1 or more employers, which may be a take increased responsibility over their edu- Title V (20 U.S.C. 7201 et seq.), as amended nonprofit organization, community-based or- cation and develop self-regulation skills; and by section 5001, is further amended by insert- ganization, State or local government agen- ‘‘(C) are designed to foster the skills and ing after part I, as added by section 5010, the cy, business, or an industry-related organiza- dispositions students need to succeed in col- following: tion; and lege, career, and citizenship, and the com- ‘‘PART J—IMPROVING SECONDARY ‘‘(B) that may include 1 or more external petencies described under paragraph (4). SCHOOLS partners, such as a qualified intermediary. ‘‘(12) TRANSFER RATE.—The term ‘transfer ‘‘SEC. 5910. PURPOSES. ‘‘(6) ELIGIBLE HIGH SCHOOL.—The term ‘eli- rate’ means the rate at which students trans- ‘‘The purposes of this part are to increase gible high school’ means a high school that— fer from one high school to another high the number and percentage of students ‘‘(A) does not receive funding under section school, or from one high school to another who— 1114(c); education setting, for a reason other than ‘‘(1) successfully matriculate from middle ‘‘(B) serves a student population of which due to a change in primary residence, as school to high school; not less than 40 percent are from low-income verified through written documentation by ‘‘(2) graduate from high school college- and families as determined by the local edu- the local educational agency serving the stu- career-ready with the ability to use knowl- cational agency serving such school; and dent at the time of the transfer. edge to solve complex problems, think criti- ‘‘(C) has a 4-year adjusted cohort gradua- ‘‘SEC. 5912. GRANTS AUTHORIZED. cally, communicate effectively, collaborate tion rate for all students or for multiple sub- ‘‘(a) PROGRAM AUTHORIZED.— with others, and develop academic mindsets; groups of students at or below 67 percent, ex- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(3) earn college-level credit and postsec- cept in the case of a high school that, at the make grants to State educational agencies ondary credentials, including industry-based time of applying for the grant under this with approved State plans to achieve the credentials, such as through early college part, is a new high school, as determined by purposes of this part. and dual enrollment while in high school; the Secretary. ‘‘(2) COMPETITIVE BASIS.—For any fiscal ‘‘(4) successfully complete sequencing of ‘‘(7) ELIGIBLE MIDDLE SCHOOL.—The term year for which the amount appropriated coursework that integrates rigorous aca- ‘eligible middle school’ means a middle under section 5916 is less than $300,000,000, demics with career-based learning and real school— the Secretary shall award grants to State world workplace experiences; and ‘‘(A) that does not receive funding under educational agencies under paragraph (1) on ‘‘(5) graduate from high school prepared to section 1114(c); a competitive basis. pursue postsecondary degrees in science, ‘‘(B) that serves a student population of ‘‘(3) FORMULA BASIS.—For any fiscal year technology, engineering, and mathematics, which not less than 40 percent are from low- for which the amount appropriated under particularly for student groups historically income families as determined by the local section 5916 is equal to or more than underrepresented in these fields. educational agency serving such school; and $300,000,000, the Secretary shall award grants

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.068 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4970 CONGRESSIONAL RECORD — SENATE July 9, 2015 to State educational agencies from allot- for planning purposes for not more than 1 learners, and students who are significantly ments made under subsection (b). year after receiving a subgrant, and withhold over-aged and under-credited, in the activi- ‘‘(b) DETERMINATION OF ALLOTMENTS.— subsequent allocations of subgrant funds if ties under subsection (c). ‘‘(1) RESERVATION OF FUNDS.—For any fis- the State educational agency determines an ‘‘(G) The performance indicators and tar- cal year for which the amount appropriated eligible plan to be insufficient to effectively gets the eligible entity will use to assess the under section 5916 is equal to or more than achieve the purpose of this part. effectiveness of the activities implemented $300,000,000, the Secretary shall reserve, from ‘‘(5) An assurance that funds appropriated under this section disaggregated by the cat- the total amount appropriated under section to carry out this part will be used to supple- egories of students described in section 5916 for the fiscal year— ment, and not supplant, other Federal, 1111(b)(2)(B)(xi), including— ‘‘(A) one half of 1 percent, which shall be State, and local public funds expended to ‘‘(i) leading indicators, which may in- awarded, on a competitive basis, by the Bu- provide programs and activities authorized clude— reau of Indian Education for activities con- under this part and other similar programs. ‘‘(I) annual, average attendance rates and sistent with the purposes of this part; and ‘‘(6) A description of how the State edu- the number and percentage of students who ‘‘(B) not more than 2.5 percent for national cational agency will evaluate the effective- are chronically absent; activities, including evaluation, dissemina- ness of programs and activities carried out ‘‘(II) rates, including disproportionality, of tion of best practices, and technical assist- under this part, including how performance expulsions, suspensions, school violence, har- ance. on leading performance indicators described assment, and bullying (as defined under ‘‘(2) STATE ALLOTMENT.—For any fiscal in section 5914(b)(2)(G)(i) and core indicators State or local laws or policies); and in section 5914(b)(2)(G)(ii) will be incor- year for which the amount appropriated ‘‘(III) annual student mobility rates, trans- porated into the evaluation. under section 5916 is equal to or more than fer rates, and attrition rates; ‘‘(7) An articulation agreement that will be $300,000,000, the Secretary shall allot to each ‘‘(ii) core indicators, which may include— entered into with each institution of higher State the sum of, from the total amount ap- ‘‘(I) graduation rates; education that will receive funding under propriated under section 5916 for a fiscal year ‘‘(II) dropout recovery (re-entry) rates; this part that requires credit earned as a re- and not reserved under paragraph (1)— ‘‘(III) percentage of students who have on- ‘‘(A) an amount that bears the same rela- sult of the successful completion of a dual enrollment course funded under this part to time credit accumulation at the end of each tionship to 50 percent of the sums being al- grade, and whom are on track to graduate lotted as the percentage of students enrolled be treated as credit earned at the institution in the same manner as such credit would within 4 years, and the percentage of stu- in high schools in which at least 50 percent dents failing a core subject course; of enrolled students are student from low-in- otherwise be earned at such institution. ‘‘(8) A description of the policies and strat- ‘‘(IV) percentage of students who success- come families, as determined by the local fully transitioned from 8th to 9th grade; and educational agency pursuant to section 1113, egies that will be implemented to improve school climate. ‘‘(V) student achievement data, including in the State bears to the total of such per- the percentage of students performing at a centages for all the States; and ‘‘(c) APPROVAL; DISAPPROVAL; NOTIFICA- TION; RESPONSE; FAILURE TO RESPOND.—The proficient level on State academic assess- ‘‘(B) an amount that bears the same rela- provisions of approval, disapproval, notifica- ments required under section 1111(b)(2); and tionship to 50 percent of the sums being al- tion, response, and failure to respond appli- ‘‘(iii) indicators of postsecondary edu- lotted as the percentage of students enrolled cable to State applications under sub- cation readiness, which may include— in high schools in the State bears to the sections (b), (c), (d), (e), and (f) of section ‘‘(I) percentage of students successfully total of such percentages for all the States. 4203 shall apply in the same manner to State completing rigorous postsecondary edu- ‘‘(3) REALLOTMENT.—If any State does not applications submitted under this section. cation courses while attending a secondary apply for an allotment under this subsection ‘‘SEC. 5914. SUBGRANTS TO ELIGIBLE ENTITIES. school, such as Advanced Placement or for any fiscal year, the Secretary shall ‘‘(a) IN GENERAL.—A State that receives a International Baccalaureate courses; reallot the amount of the allotment to the grant under this part shall use the portion of ‘‘(II) percentage of students who have on- remaining States in accordance with this the grant funds described under section time credit accumulation at the end of each subsection. 5912(c)(1) to award subgrants to eligible enti- grade or who have earned postsecondary edu- ‘‘(c) STATE USE OF FUNDS.— ties. cation credit; ‘‘(1) IN GENERAL.—A State educational ‘‘(b) APPLICATION.— ‘‘(III) rates of workplace experience and agency awarded a grant under this section ‘‘(1) IN GENERAL.—To be eligible to receive shall use not less than 95 percent of the other indicators of the acquisition of em- a subgrant under this part, an eligible entity ployability skills, including the number and grant funds to award subgrants to eligible shall submit an application to the State edu- entities under section 5914. percentage of students earning a recognized cational agency at such time, in such man- postsecondary credential, as defined in sec- ‘‘(2) STATE ACTIVITIES.—A State edu- ner, and containing such information as the cational agency may use not more than 5 tion 3 of the Workforce Innovation and Op- State educational agency may reasonably re- portunity Act (29 U.S.C. 3102); and percent of the grant funds for evaluation and quire. capacity building activities, including train- ‘‘(IV) the number and percentage of stu- ‘‘(2) CONTENTS.—Each application sub- dents completing a registered apprenticeship ing, technical assistance, professional devel- mitted under paragraph (1) shall include, at opment, and administrative costs of carrying program (as defined in section 171(b) of the a minimum, the following: Workforce Innovation and Opportunity Act out responsibilities under this part. ‘‘(A) A description of how the eligible enti- (29 U.S.C. 3226)). ‘‘SEC. 5913. STATE APPLICATION. ty will use funds awarded under this section ‘‘(a) IN GENERAL.—In order to receive a to carry out the evidenced-based activities ‘‘(c) REQUIRED USES OF FUNDS.— grant for any fiscal year, a State shall sub- described in subsection (c) and provide per- ‘‘(1) DISTRICTWIDE REQUIRED USES OF mit an application to the Secretary at such sonalized learning experiences, applied learn- FUNDS.—An eligible entity that receives a time, in such manner, and containing such ing opportunities, and student-centered subgrant under this section shall use not less information as the Secretary may reason- learning approaches, that are accessible to than 15 percent of the subgrant funds to— ably require. all students. ‘‘(A) implement an early warning indicator ‘‘(b) CONTENTS.—Each application sub- ‘‘(B) A description of the responsibilities to system in eligible middle schools and eligible mitted under subsection (a) shall include, at be carried out by each member of the eligible high schools to identify struggling students a minimum, the following: entity and additional external partners or and create a system of timely and effective ‘‘(1) A description of how the State edu- qualified intermediaries. evidence-based and linguistically and cul- cational agency will utilize funds reserved ‘‘(C) A description of how the eligible enti- turally relevant interventions, by— under section 5912(c)(2) for State activities. ty will sustain the activities proposed, in- ‘‘(i) identifying and analyzing the aca- ‘‘(2) A description of the procedures and cluding the availability of funds from non- demic risk factors that most reliably predict criteria the State educational agency will Federal sources and coordination with other dropouts by using longitudinal data of past use for reviewing applications and awarding Federal, State, and local funds. cohorts of students; funds to eligible entities on a competitive ‘‘(D) A description of the comprehensive ‘‘(ii) identifying specific indicators of stu- basis. needs assessment and capacity analysis of dent progress and performance to determine ‘‘(3) An assurance that subgrants awarded the eligible entity, eligible middle schools, whether students are on track to graduate to eligible entities under section 5914 will be and eligible high schools that will be served secondary school in 4 years and to guide de- for a period of 5 years, conditional after 3 under the subgrant. cision making, such as academic perform- years on satisfactory progress on the leading ‘‘(E) A plan to use current regional labor ance in core courses, postsecondary edu- performance indicators described in section market information and engage employers cation credit accumulation, and attendance, 5914(b)(2)(G)(i), and renewable for 3 addi- and community-based organizations in the including the percentage of students who are tional 1-year periods, based on satisfactory development of work-related learning oppor- chronically absent; progress on the core indicators in section tunities, particularly those in STEM-related ‘‘(iii) identifying or developing a mecha- 5914(b)(2)(G)(ii). fields, including computer science, and other nism for regularly collecting and analyzing ‘‘(4) An assurance that the State edu- curriculum revisions under subsection (c). data about the impact of interventions on cational agency will allow eligible entities ‘‘(F) A plan to address the needs of stu- the indicators of student progress and per- to utilize funds awarded under section 5914 dents with disabilities, English language formance; and

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.069 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4971 ‘‘(iv) identifying and implementing strate- cators, coaching, and mentoring, that pre- tunities, including college campus visits, gies for pairing academic support with inte- pares teachers, principals, and other school work-related learning opportunities, particu- grated student services and case-managed leaders to— larly in high demand regional industry interventions for students requiring inten- ‘‘(i) address the academic challenges of areas; and sive supports which may include partner- students; ‘‘(iii) providing academic and support serv- ships with other external partners; ‘‘(ii) understand the developmental needs ices; ‘‘(B) provide support and credit recovery of students and how to address those needs in ‘‘(K) making more strategic use of learning opportunities for students with disabilities, an educational setting; time, which may include the effective appli- English learners, and students who are over- ‘‘(iii) implement data-driven interventions; cation of technology and redesigning or ex- aged and under-credited, at secondary and tending school calendars, flexible scheduling, schools served by the eligible entity or other ‘‘(iv) provide academic guidance to stu- implementation of competency-based learn- appropriate settings by offering activities; dents in student-to-staff ratios that allows ing models, and time for educators to carry ‘‘(C) provide dropout recovery or re-entry students to make informed decisions about out systemic reform, including the activities programs that are designed to encourage and academic options, including financial aid described under this part; and support dropouts returning to an educational counseling for postsecondary education, so ‘‘(L) providing integrated services to ad- system, program, or institution following an that students can graduate college and ca- dress the social, emotional, health, and be- extended absence in order to graduate reer ready; and havioral needs of students. college- and career-ready; ‘‘(F) improving access to rigorous courses ‘‘(d) SUPPLEMENT NOT SUPPLANT.—An eligi- ‘‘(D) provide evidence-based middle school by— ble entity shall use Federal funds received to high school transition programs and sup- ‘‘(i) in the case of an eligible middle under this section only to supplement the ports, including through curricula alignment school, providing all students with the pre- funds that would, in the absence of such Fed- and early high school programs that allow requisite coursework necessary to prepare eral funds, be made available from other students to earn high school credit in middle students for participation in rigorous and ad- Federal and non-Federal sources for the ac- school; vanced coursework at the high school level, tivities described in this section, and not to ‘‘(E) strengthen student transitions be- including in STEM-related areas of supplant such funds. tween schools by implementing a transition coursework, including computer science; and ‘‘SEC. 5915. REPORTS. strategy based on data collection that mon- ‘‘(ii) in the case of an eligible high school, ‘‘Each eligible entity receiving a subgrant itors the transition between middle school providing all students pathways to earn at under this part shall collect and report annu- and high school, and high school and postsec- least 12 postsecondary education credits ally to the public and the State educational ondary transitions, and encourages collabo- while in high school; agency, and the State educational agency ration among elementary school, middle ‘‘(G) promoting the continuous use of stu- shall annually report to the Secretary, such school, and high school grades; and dent data that results in actionable steps to information on the results of the activities ‘‘(F) provide teachers, principals, other inform and differentiate instruction and sup- assisted under the subgrant as the Secretary school leaders, non-instructional staff, stu- port, including the use of timely data reports may reasonably require, including perform- dents, and families with high-quality, easily that measures attendance, course perform- ance on the indicators described in section accessible, and timely information, begin- ance, postsecondary education credit accu- 5914(b)(2)(I) disaggregated by each of the cat- ning in middle school, about— mulation, and other on-track indicators for egories of students, as defined in section ‘‘(i) secondary school graduation require- all students; 1111(b)(3)(A). ments; ‘‘(H) providing ongoing mechanisms for ‘‘SEC. 5916. AUTHORIZATION OF APPROPRIA- ‘‘(ii) postsecondary education application strengthening family and community en- TIONS. processes; gagement; ‘‘There are authorized to be appropriated ‘‘(iii) postsecondary education admissions ‘‘(I) providing college and career pathways to carry out this part such sums as may be processes and requirements, including re- through such activities as— necessary for each of fiscal years 2016 quirements for pursuing postsecondary de- ‘‘(i) implementing a college- and career- through 2021.’’. grees in STEM-related subjects, including ready curriculum that integrates rigorous computer science; academics, career and technical education, SA 2190. Ms. BALDWIN (for herself ‘‘(iv) public financial aid and other avail- and work-based learning for high school stu- and Mr. WHITEHOUSE) submitted an able private scholarship and grant aid oppor- dents in high-skill, high-demand industries amendment intended to be proposed to tunities; in collaboration with local and regional em- ‘‘(v) regional and national labor market in- ployers including in STEM-related subject amendment SA 2089 submitted by Mr. formation, including information about na- areas, such as computer science, and work- ALEXANDER (for himself and Mrs. MUR- tional and local STEM-related career oppor- based learning experiences; RAY) to the bill S. 1177, to reauthorize tunities, including in computer science; and ‘‘(ii) in the case of eligible high schools, the Elementary and Secondary Edu- ‘‘(vi) other programs and services for in- providing dual enrollment, early college, or cation Act of 1965 to ensure that every creasing rates of college access and success accelerated learning courses and postsec- child achieves; which was ordered to lie for students from low-income families. ondary education credit-bearing advanced on the table; as follows: ‘‘(2) REQUIRED USE OF FUNDS IN ELIGIBLE coursework opportunities, including oppor- MIDDLE SCHOOLS AND ELIGIBLE HIGH tunities to earn industry-based credentials On page 630, between lines 4 and 5, insert SCHOOLS.—An eligible entity that receives a or other recognized postsecondary education the following: subgrant under this section shall use the credentials, including opportunities for sec- ‘‘PART J—IMPROVING SECONDARY subgrant funds in eligible middle schools and ondary school students who over-age or SCHOOLS eligible high schools to implement a com- under-credited and those who have dropped ‘‘SEC. 5910. PURPOSES. prehensive approach that will improve aca- out of school; or ‘‘The purposes of this part are to support demic achievement and increase on-time ‘‘(iii) designing curricula and sequences of student dropout prevention, intervention, grade and graduation completion by— courses, including in STEM-related subjects and recovery and increase the number and ‘‘(A) using early warning indicator and such as computer science, in collaboration percentage of students who— intervention systems described in paragraph with teachers from the eligible high school ‘‘(1) successfully matriculate from middle (1)(A); and faculty from the partner institution of school to high school; ‘‘(B) providing personalized learning and higher education so that students may si- ‘‘(2) graduate from high school college and applied learning opportunities; multaneously earn credits toward a high career ready with the ability to use knowl- ‘‘(C) implementing organizational prac- school diploma and earn an associate degree edge to solve complex problems, think criti- tices and school schedules that allow for col- or at least 12 transferable postsecondary edu- cally, communicate effectively, collaborate laborative teacher, principal, and other cation credits toward a postsecondary degree with others, and develop academic mindsets; school leader participation, team teaching, at no cost to students or their families; ‘‘(3) successfully complete sequencing of and common instructional planning time, in- ‘‘(J) strengthening the transition between coursework that integrates rigorous aca- cluding across middle school and high school middle school and high school and high demics with career-based learning and work- grades to facilitate effective teaching and school and postsecondary education through place experiences, and earn college credit learning and positive teacher-student inter- such activities as— and postsecondary credentials, including in- actions; ‘‘(i) providing academic and career coun- dustry-based credentials, such as through ‘‘(D) increasing the number of teachers cer- seling, such as through low student-to-coun- early college high school courses and dual or tified in the subject area they are assigned selor ratios, that allow students to make in- concurrent enrollment while in high school; to teach; formed decisions about academic and career and ‘‘(E) providing teachers, principals, and options, including the use of current labor- ‘‘(4) graduate from high school prepared to other school leaders with ongoing high-qual- market information for students, families, pursue postsecondary degrees in science, ity professional development, including teachers, principals, and other school lead- technology, engineering, and mathematics through the use of professional learning ers; (referred to in this part as ‘STEM’), particu- communities and joint training for sec- ‘‘(ii) providing high-quality, age appro- larly for student groups historically under- ondary teachers and postsecondary edu- priate, college and career exploration oppor- represented in these fields.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.069 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4972 CONGRESSIONAL RECORD — SENATE July 9, 2015 ‘‘SEC. 5911. DEFINITIONS. and students who are significantly over-aged professional development to support the ac- ‘‘In this part: and under-credited, in the activities under tivities described under this subsection. ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible subsection (c). ‘‘(d) SUPPLEMENT NOT SUPPLANT.—An eligi- entity’ means a State or local educational ‘‘(5) The performance indicators and tar- ble entity shall use Federal funds received agency or a consortium of local educational gets the eligible entity will use to assess the under this part only to supplement the funds agencies— effectiveness of the activities implemented that would, in the absence of such Federal ‘‘(A) in partnership with— under this section disaggregated by the cat- funds, be made available from other Federal ‘‘(i) 1 or more institutions of higher edu- egories of students described in section and non-Federal sources for the activities de- cation; and 1111(b)(2)(B)(xi), including— scribed in this section, and not to supplant ‘‘(ii) 1 or more employers, which may be a ‘‘(A) the number and percentage of stu- such funds. nonprofit organization, community-based or- dents who successfully transitioned from 8th ‘‘SEC. 5914. REPORTS. ganization, State or local government agen- to 9th grade; ‘‘Each eligible entity receiving a grant cy, business, or an industry-related organiza- ‘‘(B) student achievement data, including under this part shall collect and report annu- tion; and the number and percentage of students per- ally to the public and the Secretary such in- ‘‘(B) that may include 1 or more external forming at a proficient level on State aca- formation on the results of the activities as- partners, such as a qualified intermediary. demic assessments required under section sisted under the grant as the Secretary may ‘‘(2) ELIGIBLE HIGH SCHOOL.—The term ‘eli- 1111(b)(2); reasonably require, including performance gible high school’ means a high school that— ‘‘(C) the number and percentage of stu- on the indicators described in section ‘‘(A) does not receive funding under section dents earning credit toward a postsecondary 5913(b)(5) disaggregated by each of the cat- 1114(c); education credential, an industry-based cre- egories of students, as defined in section ‘‘(B) serves a student population of which dential, or a postsecondary credential; and 1111(b)(3)(A). not less than 40 percent are from low-income ‘‘(D) the number and percentage of stu- ‘‘SEC. 5915. AUTHORIZATION OF APPROPRIA- families as determined by the local edu- dents who are on-track to graduate high TIONS. ‘‘There are authorized to be appropriated cational agency serving such school; and school, high school graduation rates, and to carry out this part such sums as may be ‘‘(C) has a 4-year adjusted cohort gradua- dropout recovery (re-entry) rates. ‘‘(6) A description of the articulation necessary for each of fiscal years 2016 tion rate for all students or for multiple sub- through 2021.’’. groups of students at or below 67 percent, ex- agreement that will be entered into with each institution of higher education that cept in the case of a high school that, at the SA 2191. Mr. BOOKER (for himself time of applying for the grant under this will receive funding under this part that re- quires postsecondary credit earned as a re- and Mr. BENNET) submitted an amend- part, is a new high school, as determined by ment intended to be proposed to the Secretary. sult of the successful completion of a dual or ‘‘(3) ELIGIBLE MIDDLE SCHOOL.—The term concurrent enrollment course funded under amendment SA 2089 submitted by Mr. ‘eligible middle school’ means a middle this part to be treated as credit earned at ALEXANDER (for himself and Mrs. MUR- school— the institution in the same manner as such RAY) to the bill S. 1177, to reauthorize ‘‘(A) that does not receive funding under credit would otherwise be earned at such in- the Elementary and Secondary Edu- section 1114(c); stitution. cation Act of 1965 to ensure that every ‘‘(c) REQUIRED USES OF FUNDS.—An eligible ‘‘(B) that serves a student population of entity that receives a grant under this sec- child achieves; which was ordered to lie which not less than 40 percent are from low- tion shall use funds to— on the table; as follows: income families as determined by the local ‘‘(1) provide college and career pathways On page 306, after line 23, add the fol- educational agency serving such school; and through such activities as— lowing: ‘‘(C) from which a significant number or ‘‘(A) implementing a college- and career- ‘‘(V) conducting, and publicly reporting percentage of students go on to attend an el- ready curriculum that integrates rigorous the results of, an annual assessment of edu- igible high school. academics, career and technical education, cator support and working conditions that— ‘‘SEC. 5912. GRANTS AUTHORIZED. and work-based learning for high school, in- ‘‘(i) evaluates supports for teachers, lead- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary cluding in STEM-related subject areas, in- ers, and other school personnel, such as— shall award grants to geographically and re- cluding computer science; ‘‘(I) teacher and principal perceptions of gionally diverse, including rural and remote ‘‘(B) in the case of eligible high schools, availability of high-quality professional de- areas, eligible entities to achieve the pur- providing dual or concurrent enrollment velopment and instructional materials; poses of this part. courses, early college high school courses, or ‘‘(II) timely availability of data on student ‘‘(b) GRANT DURATION.—Grants awarded accelerated learning courses and other op- academic achievement and growth; under this part shall be for a period of 5 portunities to earn transferable postsec- ‘‘(III) the presence of high-quality instruc- years, including 1 year which may be used ondary education credit and industry-based tional leadership; and for planning purposes, and may be renewable credentials; and ‘‘(IV) opportunities for professional based on performance on indicators de- ‘‘(C) designing curricula and sequences of growth, such as career ladders and men- scribed in section 5913(b)(5). courses so that students may simultaneously toring and induction programs; ‘‘SEC. 5913. APPLICATIONS. earn credits toward a high school diploma ‘‘(ii) evaluates working conditions for ‘‘(a) IN GENERAL.—In order to receive a and earn an associate degree or at least 12 teachers, leaders and other school personnel, grant for any fiscal year, an eligible entity transferable postsecondary education credits such as— shall submit an application to the Secretary toward a postsecondary degree at no cost to ‘‘(I) school climate; at such time, in such manner, and con- students or their families; ‘‘(II) school safety; taining such information as the Secretary ‘‘(2) implement an early warning indicator ‘‘(III) class size; may reasonably require. system in eligible middle schools and eligible ‘‘(IV) availability and use of common plan- ‘‘(b) CONTENTS.—Each application sub- high schools to promote the continuous use ning time and opportunities to collaborate; mitted under subsection (a) shall include, at of student data that results in actionable and a minimum, the following: steps to inform and differentiate instruction ‘‘(V) community engagement; ‘‘(1) A description of how the eligible enti- and support and improve school climate, ‘‘(iii) is developed with teachers, leaders, ty will use funds awarded under this section which may include the use of timely data re- other school personnel, parents, students, to carry out the evidenced-based activities ports that measures attendance, course per- and the community; and described in subsection (c) and provide per- formance, disciplinary actions, secondary ‘‘(iv) includes the development and imple- sonalized learning experiences, applied learn- and postsecondary education credit accumu- mentation of a plan with the groups de- ing opportunities, and student-centered lation, and other on-track indicators for all scribed in clause (iii), that shall be publicly learning approaches, that are accessible and students; reported and shall include, at a minimum, developmentally appropriate to all students. ‘‘(3) in the case of an eligible middle annual benchmarks to address the results of ‘‘(2) A description of how the eligible enti- school, provide all students with the pre- the assessment described in this subpara- ty will sustain the activities proposed, in- requisite coursework necessary to prepare graph; and cluding the availability of funds from non- students for participation in rigorous and ad- Federal sources and coordination with other vanced coursework at the high school level, SA 2192. Mrs. BOXER (for herself, Mr. Federal, State, and local funds. including in STEM-related areas of BLUMENTHAL, Mr. BROWN, Mr. MARKEY, ‘‘(3) A plan to use current regional labor coursework, including computer science; Mr. MERKLEY, Mr. NELSON, Mr. SCHU- market information and engage employers ‘‘(4) provide credit recovery and dropout MER, and Mr. WYDEN) submitted an and community-based organizations in the recovery programs; amendment intended to be proposed to development of work-based learning opportu- ‘‘(5) provide evidence-based middle school nities, particularly those in STEM-related to high school, and high school to postsec- amendment SA 2089 submitted by Mr. fields, including computer science, and other ondary education, transition programs and ALEXANDER (for himself and Mrs. MUR- curriculum revisions under subsection (c). supports; and RAY) to the bill S. 1177, to reauthorize ‘‘(4) A plan to address the needs of students ‘‘(6) provide teachers, principals, and other the Elementary and Secondary Edu- with disabilities, English language learners, school leaders with ongoing high-quality cation Act of 1965 to ensure that every

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.071 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4973 child achieves; which was ordered to lie (C) to obtain damages, restitution, or other (B) SERVICE OF PROCESS.—In an action on the table; as follows: compensation on behalf of such residents; brought under paragraph (1), process may be At the end of the bill, add the following: (D) to obtain such other relief as the court served in any district in which the defend- considers appropriate; or ant— SEC. 1020ll. PROHIBITION ON MARKETING OF ELECTRONIC CIGARETTES TO CHIL- (E) to obtain civil penalties in the amount (i) is an inhabitant; or DREN. determined under paragraph (2). (ii) may be found. (a) ELECTRONIC CIGARETTE DEFINED.— (2) CIVIL PENALTIES.— (7) ACTIONS BY OTHER STATE OFFICIALS.— (1) IN GENERAL.—Except as provided in (A) CALCULATION.—For purposes of impos- (A) IN GENERAL.—In addition to civil ac- paragraph (2), in this section, the term ‘‘elec- ing a civil penalty under paragraph (1)(E) tions brought by attorneys general under tronic cigarette’’ means any electronic de- with respect to a person who violates sub- paragraph (1), any other officer of a State vice that delivers nicotine, flavor, or other section (b)(1), the amount determined under who is authorized by the State to do so may chemicals via a vaporized solution to the this paragraph is the amount calculated by bring a civil action under paragraph (1), sub- user inhaling from the device, including any multiplying the number of days that the per- ject to the same requirements and limita- component, liquid, part, or accessory of such son is not in compliance with subsection tions that apply under this subsection to a device, whether or not sold separately. (b)(1) by an amount not greater than $16,000. civil actions brought by attorneys general. (2) EXCEPTION.—In this section, the term (B) ADJUSTMENT FOR INFLATION.—Begin- (B) SAVINGS PROVISION.—Nothing in this ‘‘electronic cigarette’’ shall not include any ning on the date on which the Bureau of subsection may be construed to prohibit an product that— Labor Statistics first publishes the Con- authorized official of a State from initiating (A) has been approved by the Food and sumer Price Index after the date that is 1 or continuing any proceeding in a court of Drug Administration for sale as a tobacco year after the date of the enactment of this the State for a violation of any civil or cessation product or for other therapeutic Act, and annually thereafter, the amounts criminal law of the State. purposes; and specified in subparagraph (A) shall be in- (e) CONSTRUCTION.—Nothing in this section (B) is marketed and sold solely for a pur- creased by the percentage increase in the shall be construed to limit or diminish the pose approved as described in subparagraph Consumer Price Index published on that date authority of the Food and Drug Administra- (A). from the Consumer Price Index published the tion to regulate the marketing of electronic (b) PROHIBITION.— previous year. cigarettes, including the marketing of elec- (1) IN GENERAL.—No person may advertise, (3) RIGHTS OF FEDERAL TRADE COMMISSION.— tronic cigarettes to children. promote, or market in commerce in a State (A) NOTICE TO FEDERAL TRADE COMMIS- (f) RELATION TO STATE LAW.—This section described in paragraph (2) an electronic ciga- SION.— shall not be construed as superseding, alter- rette in a manner that— (i) IN GENERAL.—Except as provided in ing, or affecting any provision of law of a (A) the person knows or should know is clause (iii), the attorney general of a State likely to contribute towards initiating or in- State, except to the extent that such provi- shall notify the Federal Trade Commission creasing the use of electronic cigarettes by sion of law is inconsistent with the provi- in writing that the attorney general intends children who are younger than 18 years of sions of this section, and then only to the ex- to bring a civil action under paragraph (1) age; or tent of the inconsistency. not later than 10 days before initiating the (B) the Federal Trade Commission deter- civil action. mines, regardless of when or where the ad- SA 2193. Mrs. BOXER (for herself, Mr. vertising, promotion, or marketing occurs, (ii) CONTENTS.—The notification required by clause (i) with respect to a civil action BLUMENTHAL, Mr. BROWN, Mr. MARKEY, affects or appeals to children described in and Mr. DURBIN) submitted an amend- subparagraph (A). shall include a copy of the complaint to be filed to initiate the civil action. ment intended to be proposed to (2) COVERED STATES.—A State described in this paragraph is a State in which the sale of (iii) EXCEPTION.—If it is not feasible for the amendment SA 2089 submitted by Mr. an electronic cigarette to a child who is attorney general of a State to provide the ALEXANDER (for himself and Mrs. MUR- younger than 18 years of age is prohibited by notification required by clause (i) before ini- RAY) to the bill S. 1177, to reauthorize a provision of Federal or State law. tiating a civil action under paragraph (1), the Elementary and Secondary Edu- (c) ENFORCEMENT BY FEDERAL TRADE COM- the attorney general shall notify the Federal cation Act of 1965 to ensure that every MISSION.— Trade Commission immediately upon insti- tuting the civil action. child achieves; which was ordered to lie (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— on the table; as follows: A violation of subsection (b)(1) shall be (B) INTERVENTION BY FEDERAL TRADE COM- treated as a violation of a rule defining an MISSION.—The Federal Trade Commission On page 783, between lines 11 and 12, insert unfair or deceptive act or practice described may— the following: under section 18(a)(1)(B) of the Federal Trade (i) intervene in any civil action brought by (2) in section 9572 (as redesignated by sec- Commission Act (15 U.S.C. 57a(a)(1)(B)). the attorney general of a State under para- tion 4001(5)), by adding at the end the fol- (2) POWERS OF COMMISSION.— graph (1); and lowing: (A) IN GENERAL.—The Federal Trade Com- (ii) upon intervening— ‘‘(6) SMOKING.—The term ‘smoking’ means mission shall enforce this section in the (I) be heard on all matters arising in the the use of any tobacco or tobacco-derived same manner, by the same means, and with civil action; and product, including an electronic cigarette.’’. the same jurisdiction, powers, and duties as (II) file petitions for appeal of a decision in though all applicable terms and provisions of the civil action. SA 2194. Mr. ISAKSON (for himself the Federal Trade Commission Act (15 U.S.C. (4) INVESTIGATORY POWERS.—Nothing in and Ms. AYOTTE) submitted an amend- 41 et seq.) were incorporated into and made this subsection may be construed to prevent a part of this section. the attorney general of a State from exer- ment intended to be proposed to (B) PRIVILEGES AND IMMUNITIES.—Any per- cising the powers conferred on the attorney amendment SA 2089 submitted by Mr. son who violates this section shall be subject general by the laws of the State to conduct ALEXANDER (for himself and Mrs. MUR- to the penalties and entitled to the privi- investigations, to administer oaths or affir- RAY) to the bill S. 1177, to reauthorize leges and immunities provided in the Federal mations, or to compel the attendance of wit- the Elementary and Secondary Edu- Trade Commission Act (15 U.S.C. 41 et seq.). nesses or the production of documentary or cation Act of 1965 to ensure that every (C) RULEMAKING.—The Federal Trade Com- other evidence. child achieves; which was ordered to lie (5) PREEMPTIVE ACTION BY FEDERAL TRADE mission shall promulgate standards and on the table; as follows: rules to carry out this section in accordance COMMISSION.—If the Federal Trade Commis- with section 553 of title 5, United States sion institutes a civil action or an adminis- On page 110, strike lines 7 through 17 and Code. trative action with respect to a violation of insert the following: (d) ENFORCEMENT BY STATES.— subsection (b)(1), the attorney general of a ‘‘(1) INFORMATION FOR PARENTS .— (1) IN GENERAL.—In any case in which the State may not, during the pendency of such ‘‘(A) IN GENERAL.—At the beginning of each attorney general of a State has reason to be- action, bring a civil action under paragraph school year, a local educational agency that lieve that an interest of the residents of the (1) against any defendant named in the com- receives funds under this part shall notify State has been or is threatened or adversely plaint of the Commission for the violation the parents of each student attending any affected by the engagement of any person with respect to which the Commission insti- school receiving funds under this part that subject to subsection (b)(1) in a practice that tuted such action. the parents may request, and the agency will violates such subsection, the attorney gen- (6) VENUE; SERVICE OF PROCESS.— provide the parents on request (and in a eral of the State may, as parens patriae, (A) VENUE.—Any action brought under timely manner), information regarding any bring a civil action on behalf of the residents paragraph (1) may be brought in— State or local educational agency policy, of the State in an appropriate district court (i) the district court of the United States procedure, or parental right regarding stu- of the United States— that meets applicable requirements relating dent participation in any mandated assess- (A) to enjoin further violation of such sub- to venue under section 1391 of title 28, United ments for that school year, in addition to in- section by such person; States Code; or formation regarding the professional quali- (B) to compel compliance with such sub- (ii) another court of competent jurisdic- fications of the student’s classroom teachers, section; tion. including at a minimum, the following:

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Mr. BLUNT (for himself, Mr. when the victim is incapable of giving con- proposed to amendment SA 2089 sub- CARDIN, Ms. MIKULSKI, and Ms. COL- sent. mitted by Mr. ALEXANDER (for himself ‘‘(c) RESPONSIBILITIES OF THE ADVOCATE.— LINS) submitted an amendment in- and Mrs. MURRAY) to the bill S. 1177, to Each Advocate shall carry out the following, tended to be proposed to amendment regardless of whether the victim wishes the reauthorize the Elementary and Sec- SA 2089 submitted by Mr. ALEXANDER victim’s report to remain confidential: ondary Education Act of 1965 to ensure (for himself and Mrs. MURRAY) to the ‘‘(1)(A) Ensure that victims of sexual as- that every child achieves; which was bill S. 1177, to reauthorize the Elemen- sault at the institution receive, with the vic- ordered to lie on the table; as follows: tary and Secondary Education Act of tim’s consent, the following sexual assault At the end of part B of title X, add the fol- 1965 to ensure that every child victim’s assistance services available 24 lowing: hours a day: achieves; which was ordered to lie on SEC. 10202. REPORT ON CYBERSECURITY EDU- ‘‘(i) Information on how to report a campus CATION. the table; as follows: sexual assault to law enforcement. (a) IN GENERAL.—Not later than June 1, On page 132, line 1, insert ‘‘school-based ‘‘(ii) Emergency medical care, including 2016, the Secretary of Education shall submit mental health programs,’’ after ‘‘coun- follow up medical care as requested. to the Committee on Armed Services and the seling,’’. ‘‘(iii) Medical forensic or evidentiary ex- Committee on Health, Education, Labor, and aminations. Pensions of the Senate and the Committee SA 2196. Mrs. BOXER submitted an ‘‘(B) Ensure that victims of sexual assault on Armed Services and the Committee on amendment intended to be proposed by at the institution receive, with the victim’s Education and the Workforce of the House of her to the bill S. 1177, to reauthorize consent, the following sexual assault vic- Representatives, a report describing whether the Elementary and Secondary Edu- tim’s assistance services: ‘‘(i) Crisis intervention counseling and on- secondary and postsecondary education cur- cation Act of 1965 to ensure that every ricula are meeting the need of public and pri- child achieves; which was ordered to lie going counseling. ‘‘(ii) Information on the victim’s rights vate sectors for cyberdefense. Such report on the table; as follows: and referrals to additional support services. shall include— At the end, add the following: ‘‘(iii) Information on legal services. (1) an assessment of learning outcomes re- SEC. 10202. SOS CAMPUS ACT. ‘‘(C) The services described in subpara- quired for future cybersecurity professionals; (a) SHORT TITLE.—This section may be graphs (A) and (B) may be provided either— (2) an assessment of the shortfalls in cur- cited as the ‘‘Survivor Outreach and Support ‘‘(i) pursuant to a memorandum of under- rent secondary and postsecondary education Campus Act’’ or the ‘‘SOS Campus Act’’. standing (that includes transportation serv- needed to develop cybersecurity profes- (b) INDEPENDENT ADVOCATE FOR CAMPUS ices), at a rape crisis center, legal organiza- sionals, and recommendations to address SEXUAL ASSAULT PREVENTION AND RE- tion, or other community-based organization such shortfalls; SPONSE.—Part B of title I of the Higher Edu- located within a reasonable distance from (3) an assessment of successful secondary cation Act of 1965 (20 U.S.C. 1011 et seq.) is the institution; or and postsecondary programs that produce amended by adding at the end the following: ‘‘(ii) on the campus of the institution in competent cybersecurity professionals; ‘‘SEC. 124. INDEPENDENT ADVOCATE FOR CAM- consultation with a rape crisis center, legal (4) recommendations of subjects to be cov- PUS SEXUAL ASSAULT PREVENTION organization, or other community-based or- ered by elementary schools and secondary AND RESPONSE. ganization. schools to better prepare students for post- ‘‘(a) ADVOCATE.— ‘‘(D) A victim of sexual assault may not be secondary cybersecurity education; and ‘‘(1) IN GENERAL.— disciplined, penalized, or otherwise retali- (5) an assessment of which additional re- ‘‘(A) DESIGNATION.—Each institution of ated against for reporting such assault to sources the Secretary, State educational higher education that receives Federal finan- the Advocate. agencies, and local educational agencies may cial assistance under title IV shall designate ‘‘(2) Guide victims of sexual assault who need to meet the recommendations described an independent advocate for campus sexual request assistance through the reporting, in paragraph (4). assault prevention and response (referred to counseling, administrative, medical and (b) DEFINITIONS.—In this section, the terms in this section as the ‘Advocate’) who shall health, academic accommodations, or legal ‘‘elementary school’’, ‘‘local educational be appointed based on experience and a dem- processes of the institution or local law en- agency’’, ‘‘secondary school’’, and ‘‘State onstrated ability of the individual to effec- forcement. educational agency’’ have the meanings tively provide sexual assault victim services. ‘‘(3) Attend, at the request of the victim of given such terms in section 9101 of the Ele- ‘‘(B) NOTIFICATION OF EXISTENCE OF AND IN- sexual assault, any administrative or insti- mentary and Secondary Education Act of FORMATION FOR THE ADVOCATE.—Each em- tution-based adjudication proceeding related 1965 (20 U.S.C. 7801). ployee of an institution described in subpara- to such assault as an advocate for the vic- graph (A) who receives a report of sexual as- tim. SA 2198. Mr. LEE submitted an sault shall notify the victim of the existence ‘‘(4) Maintain the privacy and confiden- amendment intended to be proposed to of, contact information for, and services pro- tiality of the victim and any witness of such amendment SA 2089 submitted by Mr. vided by the Advocate of the institution. sexual assault, and shall not notify the insti- ALEXANDER (for himself and Mrs. MUR- ‘‘(C) APPOINTMENT.—Not later than 180 tution or any other authority of the identity RAY) to the bill S. 1177, to reauthorize days after the date of enactment of the Sur- of the victim or any such witness or the al- the Elementary and Secondary Edu- vivor Outreach and Support Campus Act, the leged circumstances surrounding the re- Secretary shall prescribe regulations for in- cation Act of 1965 to ensure that every ported sexual assault, unless otherwise re- child achieves; which was ordered to lie stitutions to follow in appointing Advocates quired by the applicable laws in the State under this section. At a minimum, each Ad- where such institution is located. on the table; as follows: vocate shall— ‘‘(5) Conduct a public information cam- On page 64, strike lines 1 through 14. ‘‘(i) report to an individual outside the paign to inform the students enrolled at the On page 126, strike lines 8 through 11. body responsible for investigating and adju- institution of the existence of, contact infor- On page 134, strike lines 10 through 15. dicating sexual assault complaints at the in- mation for, and services provided by the Ad- On page 137, strike lines 3 through 7. stitution; and vocate, including— Beginning on page 181, strike line 19 and ‘‘(ii) submit to such individual an annual ‘‘(A) posting information— all that follows through line 6 on page 183. report summarizing how the resources sup- ‘‘(i) on the website of the institution; On page 292, lines 16 and 17, strike ‘‘, early plied to the advocate were used, including ‘‘(ii) in student orientation materials; and childhood directors’’. the number of male and female sexual as- ‘‘(iii) on posters displayed in dormitories, On page 293, lines 8 and 9, strike ‘‘, children sault victims assisted. cafeterias, sports arenas, locker rooms, en- who are in early childhood education pro- ‘‘(2) ROLE OF THE ADVOCATE.—In carrying tertainment facilities, and classrooms; and grams’’. out the responsibilities described in this sec- ‘‘(B) training coaches, faculty, school ad- On page 346, line 18, strike ‘‘early edu- tion, the Advocate shall represent the inter- ministrators, resident advisors, and other cation’’ and insert ‘‘kindergarten’’. ests of the student victim even when in con- staff to provide information on the existence On page 346, lines 21 and 22, strike ‘‘State- flict with the interests of the institution. of, contact information for, and services pro- designated early childhood education pro- The Advocate may not be disciplined, penal- vided by the Advocate. grams and’’. ized, or otherwise retaliated against by the ‘‘(d) CLERY ACT AND TITLE IX.—Nothing in Beginning on page 349, strike line 21 and institution for representing the interest of this section shall alter or amend the rights, all that follows through line 2 on page 350. the victim, in the event of a conflict of inter- duties, and responsibilities under section On page 350, lines 5 and 6, strike ‘‘, or a est with the institution. 485(f) or title IX of the Education Amend- State-designated early childhood education ‘‘(b) SEXUAL ASSAULT.—In this section, the ments of 1972 (20 U.S.C. 1681 et seq.) (also program’’. term ‘sexual assault’ means penetration, no known as the Patsy Takemoto Mink Equal On page 350, lines 10 and 11, strike ‘‘(which matter how slight, of the vagina or anus Opportunity in Education Act).’’. may include State-designated early child- with any body part or object, or oral pene- hood education programs)’’. tration by a sex organ of another person, SA 2197. Mrs. GILLIBRAND sub- On page 352, line 17, strike ‘‘early child- without the consent of the victim, including mitted an amendment intended to be hood education’’ and insert ‘‘kindergarten’’.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.070 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4975 Beginning on page 353, strike ‘‘The State’’ SEC. llll. ESTABLISHING A SPECIAL COM- son designated by the chairman or the mem- on line 23 and all that follows through line 5 MITTEE ON CHILDREN. ber signing the subpoena. on page 354. (a) SPECIAL COMMITTEE ESTABLISHED.— (h) QUORUM.—A majority of the members On page 357, lines 14 and 15, strike ‘‘early (1) IN GENERAL.—There is established a spe- of the special committee, or any sub- education’’ and insert ‘‘kindergarten’’. cial committee of the Senate to be known as committee thereof, shall constitute a Beginning on page 358, strike line 7 and all the Special Committee on Children (herein- quorum for the transaction of business, ex- that follows through line 4 on page 361. after in this section referred to as the ‘‘spe- cept that a lesser number, to be fixed by the On page 363, line 6, strike ‘‘early childhood cial committee’’). committee, shall constitute a quorum for the education and’’. (2) MEMBERS.—The special committee shall purpose of taking sworn testimony. On page 364, lines 16 and 17, strike ‘‘early consist of 19 members, including a chairman. (i) ENACTMENT.—This section is enacted by childhood education program staff,’’. The members and the chairman of the spe- Congress— On page 388, line 9, strike ‘‘early childhood cial committee shall be appointed in the (1) as an exercise of the rulemaking power educators,’’. same manner and at the same time as the of the Senate, and as such it is deemed a part On page 388, line 16, strike ‘‘early child- members and chairman of a standing com- of the rules of the Senate, and it supersedes hood educators,’’. mittee of the Senate. other rules only to the extent that it is in- On page 390, lines 22 and 23, strike ‘‘, in- (b) TREATED AS A STANDING COMMITTEE OF consistent with such rules; and cluding those in early childhood settings’’. THE SENATE.—For purposes of paragraph 4 of (2) with full recognition of the constitu- On page 400, lines 2 and 3, strike ‘‘, includ- rule XXV of the Standing Rules of the Sen- tional right of the Senate to change the ing early childhood education programs’’. ate, and for purposes of section 202 of the rules relating to the procedure of the Senate On page 405, line 14, strike ‘‘, including Legislative Reorganization Act of 1946 (2 at any time, in the same manner, and to the early childhood educators’’. U.S.C. 4301), the special committee shall be same extent as in the case of any other rule On page 416, strike lines 14 through 18 and treated as a standing committee of the Sen- of the Senate. insert the following: ate. ‘‘(6) as appropriate, to coordinate the tran- (c) DUTY.— SA 2201. Mr. ALEXANDER submitted sition of English learners from early child- (1) IN GENERAL.—It shall be the duty of the an amendment intended to be proposed hood education programs, such as Head Start special committee to conduct a continuing to amendment SA 2089 submitted by study of any and all matters pertaining to or State-run preschool programs, to elemen- Mr. ALEXANDER (for himself and Mrs. tary programs; children and their welfare, including— MURRAY) to the bill S. 1177, to reau- On page 423, lines 19 and 20, strike ‘‘, in- (A) programs and services relating to the cluding children in early childhood edu- health, welfare, safety, housing, nutrition, thorize the Elementary and Secondary cation programs’’. education, economic stability, civil rights Education Act of 1965 to ensure that On page 443, lines 8 and 9, strike ‘‘early needs of children, and Federal programs and every child achieves; which was or- childhood, elementary school,’’ and insert services that have a purpose of benefitting dered to lie on the table; as follows: ‘‘elementary school’’. children or have the effect of benefitting Beginning on page 37, strike line 24 and all On page 448, line 18, strike ‘‘early child- children; and that follows through page 38, line 4, and in- hood,’’. (B) the effectiveness of such programs and sert the following: On page 495, line 11, strike ‘‘early child- services. ‘‘(iii) be used for purposes for which such hood, elementary school,’’ and insert ‘‘ele- (2) LIMITATION.—No proposed legislation assessments are valid and reliable, con- mentary school’’. shall be referred to the special committee, sistent with relevant, nationally recognized On page 517, strike lines 16 through 19. and the special committee shall not have professional and technical testing standards, On page 519, strike lines 1 through 5. power to report by bill or otherwise have leg- objectively measure academic achievement, On page 578, lines 6 and 7, strike ‘‘preschool islative jurisdiction. knowledge, and skills, and be tests that do (d) REPORT.—The special committee shall, and’’. not evaluate or assess personal or family be- from time to time (but not less than once a On page 579, line 9, strike ‘‘Head Start pro- liefs and attitudes, or publicly disclose per- year), report to the Senate the results of the viders,’’. sonally identifiable information; On page 579, lines 10 and 11, strike ‘‘, early study conducted pursuant to subsection childhood development personnel’’. (c)(1), together with such recommendations SA 2202. Mr. CRUZ submitted an On page 579, line 14, strike ‘‘preschool as the special committee considers appro- amendment intended to be proposed to priate. and’’. amendment SA 2089 submitted by Mr. On page 580, line 7, strike ‘‘preschool and’’. (e) AUTHORIZED ACTIVITIES.—The special Beginning on page 609, strike line 22 and committee, or any duly authorized sub- ALEXANDER (for himself and Mrs. MUR- all that follows through line 4 on page 610. committee thereof, is authorized, in its dis- RAY) to the bill S. 1177, to reauthorize Beginning on page 611, strike line 12 and cretion to— the Elementary and Secondary Edu- all that follows through line 4 on page 630. (1) make investigations into any matter cation Act of 1965 to ensure that every On page 668, strike lines 10 through 11. within its jurisdiction; child achieves; which was ordered to lie On page 676, strike lines 1 through 8. (2) make expenditures from the contingent on the table; as follows: Beginning on page 706, strike line 3 and all fund of the Senate; (3) employ personnel; At the end of part B of title X, add the fol- that follows through line 5 on page 707. lowing: On page 760, strike lines 1 through 4. (4) hold hearings; (5) sit and act at such places and times SEC. 10204. DEPARTMENT OF EDUCATION SAL- ARY CAP. SA 2199. Mr. GRAHAM submitted an during the sessions, recesses, and adjourned periods of the Senate; Notwithstanding any other provision of amendment intended to be proposed to law, the average salary of an employee of the amendment SA 2089 submitted by Mr. (6) require, by subpoena or otherwise, the attendance of such witnesses and the produc- Department of Education shall not be higher ALEXANDER (for himself and Mrs. MUR- tion of such books, papers, and documents, than the national average salary for a teach- RAY) to the bill S. 1177, to reauthorize administer such oaths, take such testimony, er, as determined by data from the National the Elementary and Secondary Edu- procure such printing and binding, and make Center for Education Statistics. cation Act of 1965 to ensure that every such other expenditures as it deems advis- Mr. MERKLEY submitted an child achieves; which was ordered to lie able; SA 2203. amendment intended to be proposed to on the table; as follows: (7) take depositions and other testimony; (8) procure the service of individual con- amendment SA 2089 submitted by Mr. On page 306, after line 23, insert the fol- sultants or organizations thereof (as author- ALEXANDER (for himself and Mrs. MUR- lowing: ized by section 202(i) of the Legislative Reor- ‘‘(V) providing educator training to in- RAY) to the bill S. 1177, to reauthorize ganization Act of 1946 (2 U.S.C. 4301(i)); and crease students’ entrepreneurship skills; and the Elementary and Secondary Edu- (9) with the prior consent of the Govern- cation Act of 1965 to ensure that every ment department or agency concerned and child achieves; which was ordered to lie SA 2200. Mr. BENNET submitted an the Committee on Rules and Administration, amendment intended to be proposed to use on a reimbursable basis the services of on the table; as follows: amendment SA 2089 submitted by Mr. personnel of any such department or agency. At the end of part B of title X, add the fol- ALEXANDER (for himself and Mrs. MUR- (f) POWER TO ADMINISTER OATHS.—The lowing: RAY) to the bill S. 1177, to reauthorize chairman of the special committee or any SEC. 102ll. FINDINGS AND SENSE OF THE SEN- the Elementary and Secondary Edu- member thereof may administer oaths to ATE. cation Act of 1965 to ensure that every witnesses. (a) FINDINGS.—Congress finds the fol- (g) SUBPOENAS.—Subpoenas authorized by lowing: child achieves; which was ordered to lie the special committee may be issued over (1) The Departments of Labor, Health and on the table; as follows: the signature of the chairman, or any mem- Human Services, and Education, and Related At the end of part B of title X, add the fol- ber of the special committee designated by Agencies Appropriations Act, 2016 (S. 1695, lowing: the chairman, and may be served by any per- 114th Congress) (referred to in this section as

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(C) the 21st century community learning (2) The proposed appropriations Act re- centers program under part B of title IV of child achieves; which was ordered to lie duces investments in critical middle-class the Elementary and Secondary Education on the table; as follows: priorities by $13,231,000,000, compared to the Act of 1965; On page 274, between lines 21 and 22, insert Democratic funding alternative that is con- (D) English language acquisition grants the following: sistent with pre-sequester funding levels pro- under title III of such Act; ‘‘(xi) increasing and improving opportuni- vided in the Budget Control Act of 2011 (Pub- (E) preschool development grants under ties for teachers to take on meaningful lead- ership roles and responsibilities for addi- lic Law 112–25; 125 Stat. 240). title XIV of division A of the American Re- tional compensation without having to leave (3) These funding cuts would bring Federal covery and Reinvestment Act of 2009 (Public their role as teacher; and investments in programs under the Elemen- Law 112–10); and On page 277, between lines 6 and 7, insert tary and Secondary Education Act of 1965 (20 (F) investing in innovation grants under the following: U.S.C. 6301 et seq.) to their lowest levels such title. ‘‘(F) a description of how the local edu- since fiscal year 2002. SA 2204. Ms. HIRONO submitted an cational agency will increase and improve (4) Of the lowest-achieving 5 percent of opportunities for meaningful teacher leader- schools that receive funds under part A of amendment intended to be proposed by ship in order to positively impact student title I of such Act (20 U.S.C. 6311 et seq.), her to the bill S. 1177, to reauthorize achievement, build the capacity of teachers, about two-thirds of students do not meet the Elementary and Secondary Edu- and effectively negotiate or collaborate with grade level standards. cation Act of 1965 to ensure that every principals, teachers and representatives of (5) The proposed appropriations Act cuts child achieves; which was ordered to lie teachers, and local educational agency lead- funding for part A of title I of the Elemen- on the table; as follows: ers. tary and Secondary Education Act of 1965 (20 On page 285, after line 25, insert the fol- U.S.C. 6311 et seq.) by $850,000,000, compared On page 63, line 3, insert ‘‘, including plans lowing: to the President’s fiscal year 2016 budget re- for engaging and supporting principals and ‘‘(O) providing additional compensation for quest and the Democratic funding alter- other school leaders responsible for improv- teachers or making other systemic changes native offered in the Committee on Appro- ing early childhood alignment with their ele- to create or enhance opportunities for mean- priations of the Senate. mentary school, supporting teachers in un- ingful teacher leadership, such as initiatives (6) Research consistently shows that high- derstanding the transition between early that include— quality early education is critical to the edu- learning to kindergarten, and increasing par- ‘‘(i) increased time for common planning, cational development of every child. ent and community engagement’’ after ‘‘pro- within and across content areas and grade (7) The proposed appropriations Act pro- grams’’. levels; vides no funding for preschool development On page 80, between lines 2 and 3, insert ‘‘(ii) designated time for effective teachers grants, a cut of $750,000,000 compared to the the following: to— President’s fiscal year 2016 budget request ‘‘(xviii) If the State uses funds under this ‘‘(I) receive training on mentoring; and and the Democratic funding alternative of- part for preschool services, information that ‘‘(II) plan and execute mentoring activi- fered in Committee. shows how children younger than the manda- ties; (8) The education funding cuts in the pro- tory age of school entry are served directly ‘‘(iii) career ladders and lattices, providing posed appropriations Act are largely the re- by a local educational agency, or through for additional pay for professional growth, sult of the artificial and arbitrary spending contract or other collaboration with early which may include hybrid roles in which caps triggered by the lack of a bipartisan childhood programs, including early child- teachers lead from the classroom; budget agreement as envisioned by the Budg- hood home visitation programs, as described ‘‘(iv) teacher-designed and teacher-imple- et Control Act of 2011 (Public Law 112–25; 125 under section 511 of the Social Security Act mented professional development activities; Stat. 240). (42 U.S.C. 711), including— ‘‘(v) opportunities for experiential and pro- (9) Congress has previously provided relief ‘‘(I) the number of children served, fessional learning, which may include obser- from these cuts in the form of the Bipartisan disaggregated by income, race, and disability vation; Budget Act of 2013 (Public Law 113–67; 127 status; ‘‘(vi) feedback mechanisms for continuous Stat. 1165), which provided relief from se- ‘‘(II) a description of the services received; improvement of school environment and ac- questration equally for defense and non- and tivities, including school working conditions defense investments for fiscal years 2014 and ‘‘(III) the amount the State spent using and the social-emotional well-being of teach- 2015. grant funds under this part on services for ers; such children. ‘‘(vii) the development of policy collabo- (b) SENSE OF THE SENATE.—It is the sense On page 80, line 3, strike ‘‘(xviii)’’ and in- of the Senate that— ratively by teachers, and the representatives sert ‘‘(xix)’’. of teachers, and the leaders of the school, (1) the fiscal and economic challenges of On page 265, between lines 17 and 18, insert local educational agency, community, or the United States are a top priority for Con- the following: State; and gress, and the deep, automatic budget cuts of ‘‘(xiv) Supporting principals, other school ‘‘(viii) other innovative approaches to le- sequestration remains an unreasonable and leaders, teachers, teacher leaders, para- verage teacher leadership; and inadequate budgeting tool either to address professionals, early childhood center direc- On page 296, between lines 4 and 5, insert the deficits and debt of the Nation or provide tors, and other early childhood providers to the following: the resources needed to educate our children participate in efforts to align State early ‘‘(F) training and supporting principals to and grow the economy; learning guidelines with State academic and identify, develop, and maintain school lead- (2) this Act was supported unanimously in other standards, curriculum, and assessment ership teams, which shall include teacher Committee; practices from prekindergarten to the third leaders and others as designated by the prin- (3) fulfilling the promise of this Act will grade and promote quality early learning ex- cipal, using various leadership models, ex- require Congress to provide funding at levels periences from birth through age 8. cept that such models shall not include above sequestration; On 265, line 18, strike ‘‘(xiv)’’ and insert forced or involuntary transfers; and (4) Congress should immediately begin ne- ‘‘(xv)’’. gotiations on a successor to the Bipartisan Beginning on page 283, strike line 22 and SA 2206. Mr. THUNE (for himself and Budget Act of 2013 (Public Law 113–67; 127 all that follows through page 284, line 3, and Mrs. FISCHER) submitted an amend- Stat. 1165) that provides equal relief from se- insert the following: ‘‘leadership com- ment intended to be proposed to questration for defense and nondefense in- petencies of principals on instruction in the amendment SA 2089 submitted by Mr. vestments, including education, for fiscal early grades, developmentally appropriate year 2016 and beyond; and strategies to measure whether young chil- ALEXANDER (for himself and Mrs. MUR- (5) for fiscal year 2016, Congress should pro- dren are progressing, and principals’ ability RAY) to the bill S. 1177, to reauthorize vide $18,554,875,000 for key programs under to support teachers, teacher leaders, early the Elementary and Secondary Edu- the Elementary and Secondary Education childhood educators, and other professionals cation Act of 1965 to ensure that every Act of 1965 and other education programs, as in the school learning community to meet child achieves; which was ordered to lie amended by this Act and consistent with the the needs of students through age 8, which on the table; as follows: pre-sequester funding levels called for by the may include providing joint professional At the end of part B of title X, add the fol- bipartisan Budget Control Act of 2011 (Public learning and planning activities for school lowing: Law 112–25; 125 Stat. 240), including— staff and educators in preschool programs SEC. lll. CERTAIN EDUCATIONAL INSTITU- (A) programs under part A of title I of the that address the transition to elementary TIONS EXEMPT FROM EMPLOYER Elementary and Secondary Education Act of school, and promoting effective prekinder- HEALTH INSURANCE MANDATE. 1965; garten through grade 3 alignment;’’. (a) EXEMPTION.—

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(1) IN GENERAL.—Section 4980H(c)(2) of the (2) One in 6 youth, nationwide, are not con- work, that provide education, training, em- Internal Revenue Code of 1986 is amended by nected to the labor force. ployment, and other related social services. adding at the end the following new subpara- (3) There are 2,500,000 children being raised (c) PERFORMANCE PARTNERSHIP AGREE- graph: by parents who were disconnected youth MENTS.—Federal agencies may use Federal ‘‘(F) EXCEPTION FOR CERTAIN EDUCATIONAL themselves. funds, as authorized in subsection (b), to par- INSTITUTIONS.—The term ‘applicable large (4) The United States has a responsibility ticipate in a Performance Partnership Pilot employer’ shall not include— to improve outcomes for disconnected youth only in accordance with the terms of a per- ‘‘(i) any elementary school or secondary by investing in innovative strategies to ad- formance partnership agreement that— school (as such terms are defined in section dress the needs of disconnected populations. (1) is entered into between— 9101 of the Elementary and Secondary Edu- (5) The Committee on Appropriations of (A) the head of the lead Federal admin- cation Act of 1965), the Senate has recognized the value in in- istering agency, on behalf of all of the par- ‘‘(ii) any local educational agency or State vesting in such partnerships and has sup- ticipating Federal agencies (subject to the educational agency (as such terms are de- ported Performance Partnership Pilots for head of the lead Federal administering agen- fined in section 9101 of such Act), and Disconnected Youth in recent appropriations cy having received from the heads of each of ‘‘(iii) any institution of higher education bills for the Departments of Health, Human the other participating agencies their writ- (as such term is defined in section 102 of the Services, and Education, and related agen- ten concurrence for entering into the agree- Higher Education Act of 1965).’’. cies. ment), and (2) EFFECTIVE DATE.—The amendment (B) the respective representatives of all of SEC. 5912. PERFORMANCE PARTNERSHIPS PILOT the State, local, or tribal governments that made by this subsection shall apply to PROGRAM. months beginning after December 31, 2014. are participating in the agreement; and (a) DEFINITIONS.—In this section: (2) specifies, at a minimum, the following (b) STUDY OF IMPACT ON EDUCATION.—The (1) DISCONNECTED YOUTH.—The term ‘‘dis- Secretary of Education shall— information: connected youth’’ means an individual who— (A) The length of the agreement (which (1) study the impact of the employer (A) is between the ages 14 to 24, inclusive; health insurance mandate under section shall not extend for more than 3 years after and the date upon which the parties enter into 4980H of the Internal Revenue Code of 1986 as (B)(i) is homeless, in foster care, or in- in effect on the day before the date of enact- the agreement). volved with the criminal justice system; or (B) The Federal programs and federally ment of this Act and the impact of such (ii) is not working and not enrolled in an mandate as in effect on the day after the funded services that are involved in the Per- elementary school, secondary school, insti- formance Partnership Pilot. date of enactment of this Act on— tution of higher education, or other edu- (A) in coordination with the national as- (C) The Federal funds that are being used cational institution. in the Performance Partnership Pilot (by the sessment of title I under section 1501 of the (2) PARTICIPATING FEDERAL AGENCY.—The respective Federal account identifier, and Elementary and Secondary Education Act of term ‘‘participating Federal agency’’ means the total amount from such account that is 1965 (20 U.S.C. 6491), the ability of State edu- the Department of Education, the Depart- being used in the Performance Partnership cational agencies, local educational agen- ment of Health and Human Services, the De- Pilot) in accordance with subsection (b)(1), cies, elementary schools, and secondary partment of Labor, and the Corporation for and any period of availability for obligation schools to meet the purposes of title I of the National and Community Service, as appro- (by the Federal Government) of any such Elementary and Secondary Education Act of priate based on the specific Performance funds. 1965 (20 U.S.C. 6301 et seq.); and Partnership Pilot involved. (D) The non-Federal funds that are in- (B) in coordination with the annual data (3) PERFORMANCE PARTNERSHIP PILOT.—The volved in the Performance Partnership Pilot, collection conducted through the Integrated term ‘‘Performance Partnership Pilot’’ is a by source (which may include private funds Postsecondary Education Data System de- project that seeks to identify, through a as well as governmental funds) and by scribed in section 132(i)(4) of the Higher Edu- demonstration, cost-effective strategies for amount. cation Act of 1965 (20 U.S.C. 1015a(i)(4)), the providing services at the State, regional, or (E) The State, local, or tribal programs ability of institutions of higher education to local level that— that are involved in the Performance Part- maintain academic programs; and (A) involve 2 or more Federal programs nership Pilot. (2) not later than one year after the date of (administered by one or more Federal agen- (F) The populations to be served by the the enactment of this Act, submit separate cies)— Performance Partnership Pilot. written reports to Congress with respect to (i) which have related policy goals, and (G) The cost-effective Federal oversight the studies conducted under subparagraphs (ii) at least one of which is administered procedures that will be used for the purpose (A) and (B) of paragraph (1). (in whole or in part) by a State, local, or of maintaining the necessary level of ac- tribal government; and countability for the use of the Federal dis- SA 2207. Ms. MIKULSKI submitted (B) achieve better results for regions, com- cretionary funds. an amendment intended to be proposed munities, or specific at-risk populations (H) The cost-effective State, local, or trib- to amendment SA 2089 submitted by through making better use of the budgetary al oversight procedures that will be used for Mr. ALEXANDER (for himself and Mrs. resources that are available for supporting the purpose of maintaining the necessary MURRAY) to the bill S. 1177, to reau- such programs. level of accountability for the use of the Fed- thorize the Elementary and Secondary (4) LEAD FEDERAL ADMINISTERING AGENCY.— eral discretionary funds. Education Act of 1965 to ensure that The term ‘‘lead Federal administering agen- (I) The outcome (or outcomes) that the every child achieves; which was or- cy’’ is the Federal agency, to be designated Performance Partnership Pilot is designed to by the Director of the Office of Management achieve. dered to lie on the table; as follows: and Budget (from among the participating (J) The appropriate, reliable, and objective On page 630, between lines 4 and 5, insert Federal agencies that have statutory respon- outcome-measurement methodology that the the following: sibility for the Federal discretionary funds Federal Government and the participating SEC. 5011. PERFORMANCE PARTNERSHIPS PILOT that will be used in a Performance Partner- State, local, or tribal governments will use, PROGRAM FOR DISCONNECTED ship Pilot), that will enter into and admin- in carrying out the Pilot, to determine YOUTH. ister the particular performance partnership whether the Performance Partnership Pilot Title V (20 U.S.C. 7201 et seq.), as amended agreement on behalf of that agency and the is achieving, and has achieved, the specified by section 5001, is further amended by insert- other participating Federal agencies. outcomes that the Performance Partnership ing after part I, as added by section 5010, the (b) FLEXIBILITY OF FUNDS.—Participating Pilot is designed to achieve. following: Federal agencies may carry out not more (K) The statutory, regulatory, or adminis- PART J—PERFORMANCE PARTNERSHIPS than 10 Performance Partnership Pilots trative requirements related to Federal man- PILOT PROGRAM FOR DISCONNECTED under this section. Each Performance Part- datory programs that are barriers to achiev- YOUTH nership Pilot shall— ing improved outcomes of the Pilot. SEC. 5911. PURPOSE; FINDINGS. (1) provide flexibility to the entities par- (L) In cases where, during the course of the (a) PURPOSE.—The purpose of this part is to ticipating in the Performance Partnership Performance Partnership Pilot, it is deter- authorize a performance partnerships pilot Pilot with respect to discretionary funds mined that the Performance Partnership program for disconnected youth to promote under the authority of the participating Fed- Pilot is not achieving the specified outcomes coordination between Federal agencies in eral agencies, as specified in the performance that it is designed to achieve— order to improve outcomes for disconnected partnership agreement; (i) the consequences that will result from youth in communities. (2) be designed to improve outcomes for such deficiencies with respect to the Federal (b) FINDINGS.—Congress finds the fol- disconnected youth, by increasing the rate discretionary funds that are being used in lowing: at which disconnected youth achieve success the Performance Partnership Pilot; and (1) Recent events in communities across in meeting educational, employment, or (ii) the corrective actions that will be the United States have illustrated, in part, other key goals; and taken in order to increase the likelihood the importance of improving opportunities, (3) involve Federal programs targeted to that the Performance Partnership Pilot, outcomes, and services for disconnected pop- disconnected youth, or designed to prevent upon completion, will have achieved such ulations. youth from disconnecting from school or specified outcomes.

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(d) AGENCY HEAD DETERMINATIONS.— (I) the statutory purposes of the Federal how the State will use the results from such (1) IN GENERAL.—A participating Federal program for which such discretionary funds review or evaluation to refine and continu- agency may participate in a Performance were appropriated, and ously improve such programs and activities; Partnership Pilot (including by providing (II) the other provisions of this section, in- On page 106, between lines 23 and 24, insert funds described in subsection (b)(1) that have cluding the written determination by the the following: been appropriated to such agency) only upon head of the agency issued under subsection ‘‘(17) how the local educational agency will the written determination by the head of (d); periodically review and evaluate programs such agency that the agency’s participation (ii) is necessary to achieve the outcomes of and activities under this part to assess in such Performance Partnership Pilot— the Performance Partnership Pilot as speci- progress toward improved student academic (A) will not result in denying or restricting fied in the performance partnership agree- achievement, and how the local educational the eligibility of any individual for any of ment, and is no broader in scope than is nec- agency will use the results from such review the services that (in whole or in part) are essary to achieve such outcomes; and or evaluation to refine and continuously im- funded by the agency’s programs and Federal (iii) will result in either— prove such programs and activities; discretionary funds that are involved in the (I) realizing efficiencies by simplifying re- Performance Partnership Pilot, and porting burdens or reducing administrative SA 2210. Mr. BENNET submitted an (B) based on the best available informa- barriers with respect to such discretionary amendment intended to be proposed to tion, will not otherwise adversely affect vul- funds, or amendment SA 2089 submitted by Mr. nerable populations that are the recipients (II) increasing the ability of individuals to ALEXANDER (for himself and Mrs. MUR- of such services. obtain access to services that are provided RAY) to the bill S. 1177, to reauthorize (2) CONSIDERATION.—In making the deter- by such discretionary funds; and the Elementary and Secondary Edu- mination under paragraph (1), the head of a (C) the head of the agency shall provide at cation Act of 1965 to ensure that every participating Federal agency may take into least 60 days advance written notice to the consideration the other Federal funds de- child achieves; which was ordered to lie Committee on Appropriations of the House on the table; as follows: scribed in subsection (b)(1) that will be used of Representatives, the Committee on Appro- On page 52, between lines 9 and 10, insert in the Pilot as well as any non-Federal funds priations of the Senate, and all other com- the following: (including from private sources as well as mittees of jurisdiction in the House of Rep- ‘‘(L) LIMITATION ON ASSESSMENT TIME.— governmental sources) that will be used in resentatives and the Senate. ‘‘(i) IN GENERAL.—As a condition of receiv- the Performance Partnership Pilot. (g) APPLICABILITY TO EXISTING PERFORM- ing an allocation under this part for any fis- (e) TRANSFER AUTHORITY.— ANCE PARTNERSHIP PILOTS.—Nothing in this cal year, each State shall— (1) IN GENERAL.—For the purpose of car- part shall be construed to apply to any Per- ‘‘(I) set a limit on the aggregate amount of rying out the Performance Partnership Pilot formance Partnership Pilot carried out time devoted to the administration of assess- in accordance with the performance partner- under the authority of section 524 of the De- ments (including assessments adopted pursu- ship agreement, and subject to the written partments of Labor, Health and Human Serv- ant to this subsection, other assessments re- approval of the Director of the Office of Man- ices, and Education, and Related Agencies quired by the State, and assessments re- agement and Budget, the head of each par- Appropriations Act, 2015 (Public Law 113–325; quired districtwide by the local educational ticipating Federal agency may transfer the 128 Stat. 2522) or section 526 of the Depart- agency) for each grade, expressed as a per- Federal funds described in subsection (b)(1) ment of Labor, Health and Human Services, centage of annual instructional hours; and that are being used in the Pilot to an ac- and Related Agencies Appropriations Act, ‘‘(II) ensure that each local educational count of the lead Federal administering 2014 (Public Law 113–76; 128 Stat. 413). agency that includes other Federal discre- agency in the State will notify the parents of tionary funds that are being used in the SA 2208. Mr. BENNET submitted an each student attending any school in the Pilot. Subject to the waiver authority under local educational agency, on an annual basis, amendment intended to be proposed to whenever the limitation described in sub- subsection (f), such transferred funds shall amendment SA 2089 submitted by Mr. remain available for the same purposes for clause (I) is exceeded. which such funds were originally appro- ALEXANDER (for himself and Mrs. MUR- ‘‘(ii) CHILDREN WITH DISABILITIES AND priated, except as provided in paragraph (2). RAY) to the bill S. 1177, to reauthorize ENGLISH LEARNERS.—Nothing in clause (i) (2) EXCEPTION.—Funds transferred under the Elementary and Secondary Edu- shall be construed to supersede the require- paragraph (1) shall remain available for obli- cation Act of 1965 to ensure that every ments of Federal law relating to assessments gation by the Federal Government until the child achieves; which was ordered to lie that apply specifically to children with dis- expiration of the period of availability for on the table; as follows: abilities or English learners. those Federal discretionary funds (which are On page 72, between lines 19 and 20, insert being used in the Pilot) that have the long- SA 2211. Mr. BENNET submitted an the following: est period of availability, except that any amendment intended to be proposed to ‘‘(L) assessments adopted pursuant to sub- such transferred funds shall not remain amendment SA 2089 submitted by Mr. section (b) require students to spend on aver- available beyond (which shall not extend for ALEXANDER (for himself and Mrs. MUR- age less than 2 percent of the average in- more than 3 years after the date upon which structional time taking such assessments RAY) to the bill S. 1177, to reauthorize the parties enter into the performance part- (except in the case of assessments that are the Elementary and Secondary Edu- nership agreement). determined to be performance-based, com- cation Act of 1965 to ensure that every (f) WAIVER AUTHORITY.—In connection with child achieves; which was ordered to lie the participation by a Federal participating petency-based, or to justify the additional agency in a Performance Partnership Pilot, time), where such calculation of time spent on the table; as follows: and subject to the other provisions of this on such assessments shall not include any On page 111, between lines 24 and 25, insert section (including subsection (e)), the head additional time spent taking assessments the following: of the Federal participating agency to which provided as an appropriate accommodation ‘‘(2) TESTING TRANSPARENCY.— Federal funds described in subsection (b)(1) to children with disabilities or students with ‘‘(A) IN GENERAL.—Subject to subparagraph were appropriated may waive (in whole or in a disability who are provided accommoda- (B), each local educational agency that re- part) the application, solely to such discre- tions under another Act; ceives funds under this part shall make wide- tionary funds that are being used in the ly available through public means (including Pilot, of any statutory, regulatory, or ad- SA 2209. Mr. BENNET submitted an by posting in a clear, concise, and easily ac- ministrative requirement that such agency amendment intended to be proposed to cessible manner on the local educational head— amendment SA 2089 submitted by Mr. agency’s website and, to the extent prac- (1) is otherwise authorized to waive (in ac- ALEXANDER (for himself and Mrs. MUR- ticable, on the website of each school served cordance with the terms and conditions of RAY) to the bill S. 1177, to reauthorize by the local educational agency) for each such other authority), and the Elementary and Secondary Edu- grade served by the local educational agency (2) is not otherwise authorized to waive, or school, information on each assessment except that— cation Act of 1965 to ensure that every required by the State to comply with section (A) the head of the agency shall not waive child achieves; which was ordered to lie 1111, other assessments required by the any requirement related to nondiscrimina- on the table; as follows: State, and to the extent such information is tion, wage and labor standards, or allocation On page 20, line 18, insert ‘‘, periodically available and feasible to report, assessments of funds to State and substate levels; review those strategies and the resulting required districtwide by the local edu- (B) the head of the agency shall issue, for data, use that information to continuously cational agency, including— any requirement described in this paragraph) improve the strategies,’’ after ‘‘title’’. ‘‘(i) the subject matter assessed; a written determination, prior to granting On page 69, between lines 12 and 13, insert ‘‘(ii) the purpose for which the assessment the waiver, with respect to such discre- the following: is designed and used; tionary funds that the granting of such waiv- ‘‘(M) how the State will periodically re- ‘‘(iii) the source of the requirement for the er for purposes of the Performance Partner- view and evaluate programs and activities assessment; and ship Pilot— under this part to assess progress toward im- ‘‘(iv) to the extent such information is (i) is consistent with both— proved student academic achievement, and available—

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WEBSITE.—In the case of a local educational ‘‘(ii) from assisting or cooperating with agency that does not operate a website, such Federal immigration law enforcement in the f local educational agency shall determine course of carrying out the officers’ routine how to make the information described in law enforcement duties, including with re- PRIVILEGES OF THE FLOOR subparagraph (A) widely available, such as spect to the issuance of federal detainers; or through distribution of that information to ‘‘(B) is otherwise not in compliance with Mr. REID. Mr. President, I ask unan- the media, through public agencies, or di- the requirements of subsection (a) or (b). imous consent that Amy Griffin, a fel- rectly to parents. ‘‘(2) LIMITATION ON GRANTS.—A sanctuary low in Senator FRANKEN’s office, be city is not eligible to receive a grant under granted floor privileges during the re- SA 2212. Mr. BOOKER (for himself the Edward Byrne Memorial Justice Assist- mainder of this Congress. and Mr. BENNET) submitted an amend- ance Grant Program established pursuant to The PRESIDING OFFICER. Without subpart 1 of part E of title I of the Omnibus ment intended to be proposed to objection, it is so ordered. amendment SA 2089 submitted by Mr. Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).’’. ALEXANDER (for himself and Mrs. MUR- f RAY) to the bill S. 1177, to reauthorize SA 2214. Mr. MCCONNELL (for Mrs. the Elementary and Secondary Edu- FISCHER (for herself and Mr. NELSON)) PRIVILEGES OF THE FLOOR cation Act of 1965 to ensure that every proposed an amendment to the bill S. child achieves; which was ordered to lie 1359, to allow manufacturers to meet Mr. FRANKEN. Mr. President, I ask on the table; as follows: warranty and labeling requirements for unanimous consent that Boris On page 306, after line 23, add the fol- consumer products by displaying the Granovskiy, a fellow in my office, be lowing: terms of warranties on Internet granted floor privileges for the remain- ‘‘(V) conducting, and publicly reporting der of the 114th Congress. the results of, an annual assessment of edu- websites, and for other purposes; as fol- lows: The PRESIDING OFFICER. Without cator support and working conditions that— objection, it is so ordered. On page 3, line 21, strike ‘‘on’’ and insert ‘‘(i) evaluates supports for teachers, lead- Ms. HEITKAMP. Mr. President, I ask ers, and other school personnel, such as— ‘‘for’’. ‘‘(I) teacher and principal perceptions of On page 4, line 1, insert ‘‘, through elec- unanimous consent that Molly John- availability of high-quality professional de- tronic or other means,’’ after ‘‘available’’. son, an intern in my office, be granted velopment and instructional materials; On page 4, line 3, strike ‘‘on’’ and insert floor privileges for the duration of to- ‘‘(II) timely availability of data on student ‘‘for’’. day’s session in the Senate. academic achievement and growth; f The PRESIDING OFFICER. Without ‘‘(III) the presence of high-quality instruc- AUTHORITY FOR COMMITTEES TO objection, it is so ordered. tional leadership; and MEET Mr. WYDEN. Mr. President, I ask ‘‘(IV) opportunities for professional unanimous consent that the following growth, such as career ladders and men- COMMITTEE ON ARMED SERVICES detailees, fellows, and interns on my toring and induction programs; Mr. ALEXANDER. Mr. President, I Finance Committee staff be granted ‘‘(ii) evaluates working conditions for ask unanimous consent that the Com- floor privileges for the remainder of teachers, leaders and other school personnel, mittee on Armed Services be author- such as— the session: Sara Brundage, Jenni ized to meet during the session of the ‘‘(I) school climate; Greenlee, Daniel Hafner, Ernie Jolly, Senate on July 9, 2015, at 9:30 a.m. ‘‘(II) school safety; Jennifer Kay, Nolan Mayther, Alex- The PRESIDING OFFICER. Without ‘‘(III) class size; andra Menardy, Tori Miller, J’Lill objection, it is so ordered. ‘‘(IV) availability and use of common plan- Mitchell, Nikesh Patel, Angelique ning time and opportunities to collaborate; COMMITTEE ON FOREIGN RELATIONS Salizan, and Jay Weismuller. and Mr. ALEXANDER. Mr. President, I The PRESIDING OFFICER. Without ‘‘(V) community engagement; ask unanimous consent that the Com- objection, it is so ordered. ‘‘(iii) is developed with teachers, leaders, mittee on Foreign Relations be author- other school personnel, parents, students, ized to meet during the session of the and the community; and f ‘‘(iv) includes the development and imple- Senate on July 9, 2015, at 10 a.m. mentation, with the groups described in The PRESIDING OFFICER. Without clause (iii), of a plan to address the results of objection, it is so ordered. AMENDING THE UNITED STATES COTTON FUTURES ACT the assessment described in this subpara- COMMITTEE ON HOMELAND SECURITY AND graph, which shall be publicly reported; and GOVERNMENTAL AFFAIRS Mr. MCCONNELL. Mr. President, I Mr. ALEXANDER. Mr. President, I ask unanimous consent that the Sen- Mr. VITTER submitted an SA 2213. ask unanimous consent that the Com- ate proceed to the immediate consider- amendment intended to be proposed to mittee on Homeland Security and Gov- ation of H.R. 2620, which is at the desk. amendment SA 2089 submitted by Mr. ernmental Affairs be authorized to The PRESIDING OFFICER. The ALEXANDER (for himself and Mrs. MUR- meet during the session of the Senate clerk will report the bill by title. RAY) to the bill S. 1177, to reauthorize on July 9, 2015, at 10 a.m., to conduct a The senior assistant legislative clerk the Elementary and Secondary Edu- hearing entitled ‘‘Understanding Amer- read as follows: cation Act of 1965 to ensure that every ica’s Long-Term Fiscal Picture.’’ child achieves; which was ordered to lie A bill (H.R. 2620) to amend the United The PRESIDING OFFICER. Without States Cotton Futures Act to exclude certain on the table; as follows: objection, it is so ordered. cotton futures contracts from coverage At the appropriate place, insert the fol- COMMITTEE ON THE JUDICIARY under such Act. lowing: Mr. ALEXANDER. Mr. President, I There being no objection, the Senate SEC. lll. LIMITATION ON GRANTS TO SANC- TUARY CITIES. ask unanimous consent that the Com- proceeded to consider the bill. Section 642 of the Illegal Immigration Re- mittee on the Judiciary be authorized Mr. MCCONNELL. Mr. President, I form and Immigrant Responsibility Act of to meet during the session of the Sen- ask unanimous consent that the bill be 1996 (8 U.S.C. 1373) is amended by adding at ate on July 9, 2015, at 10 a.m., in room read a third time and passed and the the end the following: SD–226 of the Dirksen Senate Office motion to reconsider be considered ‘‘(d) LIMITATION ON GRANTS TO SANCTUARY Building. made and laid upon the table. CITIES.— The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ‘‘(1) SANCTUARY CITY DEFINED.—In this sec- objection, it is so ordered. tion, the term ‘sanctuary city’ means a objection, it is so ordered. State or a political subdivision of a State SELECT COMMITTEE ON INTELLIGENCE The bill (H.R. 2620) was ordered to a that has in effect a statute, resolution, direc- Mr. ALEXANDER. Mr. President, I third reading, was read the third time, tive, policy, or practice that— ask unanimous consent that the Select and passed.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.075 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4980 CONGRESSIONAL RECORD — SENATE July 9, 2015 UNITED STATES MERCHANT MA- (B) to deposit all proceeds from the oper- under all conditions the President and, ex- RINE ACADEMY IMPROVEMENTS ation of Melville Hall, after expenses nec- cept to the extent the public alert and warn- ACT OF 2015 essary for the operation and maintenance of ing system is in use by the President, Fed- Melville Hall, into the account of the Regi- eral agencies and State, tribal, and local Mr. MCCONNELL. Mr. President, I mental Affairs Non-Appropriated Fund In- governments can alert and warn the civilian ask unanimous consent that the Sen- strumentality or successor entity, to be used population in areas endangered by natural ate proceed to the immediate consider- solely for the morale and welfare of the ca- disasters, acts of terrorism, and other man- ation of Calendar No. 93, S. 143. dets of the United States Merchant Marine made disasters or threats to public safety; The PRESIDING OFFICER. The Academy; and and clerk will report the bill by title. (2) prohibits the use of Melville Hall as ‘‘(2) implement the public alert and warn- The senior assistant legislative clerk lodging or an office by any person for more ing system to disseminate timely and effec- tive warnings regarding natural disasters, read as follows: than 4 days in any calendar year other than— acts of terrorism, and other man-made disas- A bill (S. 143) to allow for improvements to (A) by the United States; or ters or threats to public safety. the United States Merchant Marine Acad- (B) for the administration and operation of ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In emy and for other purposes. Melville Hall. carrying out subsection (a), the Adminis- There being no objection, the Senate (e) DEFINITIONS.—In this section: trator shall— proceeded to consider the bill. (1) CONTRACT.—The term ‘‘contract’’ in- ‘‘(1) establish or adopt, as appropriate, Mr. MCCONNELL. I ask unanimous cludes any modification, extension, or re- common alerting and warning protocols, consent that the bill be read a third newal of the contract. standards, terminology, and operating proce- dures for the public alert and warning sys- time and passed and the motion to re- (2) FOUNDATION.—In this section, the term ‘‘Foundation’’ means the United States Mer- tem; consider be considered made and laid ‘‘(2) include in the public alert and warning upon the table. chant Marine Academy Alumni Association and Foundation, Inc. system the capability to adapt the distribu- The PRESIDING OFFICER. Without tion and content of communications on the (f) RULES OF CONSTRUCTION.—Nothing in objection, it is so ordered. this section may be construed under section basis of geographic location, risks, and mul- The bill (S. 143) was ordered to be en- 3105 of title 41, United States Code, as requir- tiple communication systems and tech- nologies, as appropriate and to the extent grossed for a third reading, was read ing the Maritime Administrator to award a technically feasible; the third time, and passed, as follows: contract for the operation of Melville Hall to ‘‘(3) include in the public alert and warning the Foundation. S. 143 system the capability to alert, warn, and Be it enacted by the Senate and House of Rep- f provide equivalent information to individ- resentatives of the United States of America in INTEGRATED PUBLIC ALERT AND uals with disabilities, individuals with ac- Congress assembled, WARNING SYSTEM MODERNIZA- cess and functional needs, and individuals SECTION 1. SHORT TITLE. with limited-English proficiency, to the ex- This Act may be cited as the ‘‘United TION ACT OF 2015 tent technically feasible; States Merchant Marine Academy Improve- Mr. MCCONNELL. Mr. President, I ‘‘(4) ensure that training, tests, and exer- ments Act of 2015’’. ask unanimous consent that the Sen- cises are conducted for the public alert and SEC. 2. MELVILLE HALL OF UNITED STATES MER- ate proceed to the immediate consider- warning system, including by— ‘‘(A) incorporating the public alert and CHANT MARINE ACADEMY. ation of Calendar No. 132, S. 1180. (a) GIFT TO THE MERCHANT MARINE ACAD- warning system into other training and exer- EMY.—The Maritime Administrator may ac- The PRESIDING OFFICER. The cise programs of the Department, as appro- cept a gift of money from the Foundation clerk will report the bill by title. priate; under section 51315 of title 46, United States The senior assistant legislative clerk ‘‘(B) establishing and integrating into the Code, for the purpose of renovating Melville read as follows: National Incident Management System a Hall on the campus of the United States A bill (S. 1180) to amend the Homeland Se- comprehensive and periodic training pro- Merchant Marine Academy. curity Act of 2002 to direct the Adminis- gram to instruct and educate Federal, State, (b) COVERED GIFTS.—A gift described in trator of the Federal Emergency Manage- tribal, and local government officials in the this subsection is a gift under subsection (a) ment Agency to modernize the integrated use of the Common Alerting Protocol en- that the Maritime Administrator determines public alert and warning system of the abled Emergency Alert System; and exceeds the sum of— United States, and for other purposes. ‘‘(C) conducting, not less than once every 3 (1) the minimum amount that is sufficient years, periodic nationwide tests of the public to ensure the renovation of Melville Hall in There being no objection, the Senate alert and warning system; accordance with the capital improvement proceeded to consider the bill, which ‘‘(5) to the extent practicable, ensure that plan of the United States Merchant Marine had been reported from the Committee the public alert and warning system is resil- Academy that was in effect on the date of on Homeland Security and Govern- ient and secure and can withstand acts of enactment of this Act; and mental Affairs, with amendments, as terrorism and other external attacks; (2) 25 percent of the amount described in follows: ‘‘(6) conduct public education efforts so paragraph (1). (The parts of the bill intended to be that State, tribal, and local governments, (c) OPERATION CONTRACTS.—Subject to sub- private entities, and the people of the United section (d), in the case that the Maritime stricken are shown in boldface brack- States reasonably understand the functions Administrator accepts a gift of money de- ets and the parts of the bill intended to of the public alert and warning system and scribed in subsection (b), the Maritime Ad- be inserted are shown in italic.) how to access, use, and respond to informa- ministrator may enter into a contract with S. 1180 tion from the public alert and warning sys- the Foundation for the operation of Melville Be it enacted by the Senate and House of Rep- tem through a general market awareness Hall to make available facilities for, among resentatives of the United States of America in campaign; other possible uses, official academy func- Congress assembled, ‘‘(7) consult, coordinate, and cooperate tions, third-party catering functions, and in- with the appropriate private sector entities dustry events and conferences. SECTION 1. SHORT TITLE. and Federal, State, tribal, and local govern- (d) CONTRACT TERMS.—The contract de- This Act may be cited as the ‘‘Integrated mental authorities, including the Regional scribed in subsection (c) shall be for such pe- Public Alert and Warning System Mod- Administrators and emergency response pro- riod and on such terms as the Maritime Ad- ernization Act of 2015’’. viders; ministrator considers appropriate, including SEC. 2. INTEGRATED PUBLIC ALERT AND WARN- ‘‘(8) consult and coordinate with the Fed- a provision, mutually agreeable to the Mari- ING SYSTEM MODERNIZATION. eral Communications Commission, taking time Administrator and the Foundation, (a) IN GENERAL.—Title V of the Homeland into account rules and regulations promul- that— Security Act of 2002 (6 U.S.C. 311 et seq.) is gated by the Federal Communications Com- (1) requires the Foundation— amended by adding at the end the following: mission; and (A) at the expense solely of the Foundation ‘‘SEC. 526. INTEGRATED PUBLIC ALERT AND ‘‘(9) coordinate with and consider the rec- through the term of the contract to main- WARNING SYSTEM MODERNIZATION. ommendations of the Integrated Public Alert tain Melville Hall in a condition that is as ‘‘(a) IN GENERAL.—To provide timely and and Warning System Subcommittee estab- good as or better than the condition Melville effective warnings regarding natural disas- lished under section 2(b) of the Integrated Hall was in on the later of— ters, acts of terrorism, and other man-made Public Alert and Warning System Mod- (i) the date that the renovation of Melville disasters or threats to public safety, the Ad- ernization Act of 2015. Hall was completed; or ministrator shall— ‘‘(c) SYSTEM REQUIREMENTS.—The public (ii) the date that the Foundation accepted ‘‘(1) modernize the integrated public alert alert and warning system shall— Melville Hall after it was tendered to the and warning system of the United States (in ‘‘(1) to the extent determined appropriate Foundation by the Maritime Administrator; this section referred to as the ‘public alert by the Administrator, incorporate multiple and and warning system’) to help ensure that communications technologies;

VerDate Sep 11 2014 08:23 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G09JY6.087 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4981 ‘‘(2) be designed to adapt to, and incor- composed of the following members (or their (B) entities engaged in federally funded re- porate, future technologies for commu- designees): search; and nicating directly with the public; (A) The Deputy Administrator for Protec- (C) academic institutions engaged in rel- ‘‘(3) to the extent technically feasible, be tion and National Preparedness of the Fed- evant work and research. designed— eral Emergency Management Agency. (6) RECOMMENDATIONS.—The Subcommittee ‘‘(A) to provide alerts to the largest por- (B) The Chairman of the Federal Commu- shall— tion of the affected population feasible, in- nications Commission. (A) develop recommendations for an inte- cluding nonresident visitors and tourists, in- (C) The Administrator of the National Oce- grated public alert and warning system; and dividuals with disabilities, individuals with anic and Atmospheric Administration of the (B) in developing the recommendations access and functional needs, and individuals Department of Commerce. under subparagraph (A), consider— with limited-English proficiency; and (D) The Assistant Secretary for Commu- (i) recommendations for common alerting ‘‘(B) to improve the ability of remote areas nications and Information of the Department and warning protocols, standards, termi- to receive alerts; of Commerce. nology, and operating procedures for the ‘‘(4) promote local and regional public and (E) The Under Secretary for Science and public alert and warning system; and private partnerships to enhance community Technology of the Department of Homeland (ii) recommendations to provide for a pub- preparedness and response; Security. lic alert and warning system that— ‘‘(5) provide redundant alert mechanisms (F) The Under Secretary for the National (I) has the capability to adapt the distribu- where practicable so as to reach the greatest Protection and Programs Directorate. tion and content of communications on the number of people; and basis of geographic location, risks, or per- (G) The Director of Disability Integration ‘‘(6) to the extent feasible, include a mech- sonal user preferences, as appropriate; and Coordination of the Federal Emergency anism to ensure the protection of individual (II) has the capability to alert and warn in- Management Agency. privacy. dividuals with disabilities and individuals (H) The Chairperson of the National Coun- ‘‘(d) USE OF SYSTEM.—Except to the extent with limited-English proficiency; cil on Disability. necessary for testing the public alert and (III) to the extent appropriate, incor- (I) Qualified individuals appointed by the warning system, the public alert and warn- porates multiple communications tech- Administrator as soon as practicable after ing system shall not be used to transmit a nologies; message that does not relate to a natural the date of enactment of this Act from (IV) is designed to adapt to, and incor- disaster, act of terrorism, or other man- among the following: porate, future technologies for commu- made disaster or threat to public safety. (i) Representatives of State and local gov- nicating directly with the public; ‘‘(e) PERFORMANCE REPORTS.— ernments, representatives of emergency (V) is designed to provide alerts to the ‘‘(1) IN GENERAL.—Not later than 1 year management agencies, and representatives largest portion of the affected population after the date of enactment of the Integrated of emergency response providers. feasible, including nonresident visitors and Public Alert and Warning System Mod- (ii) Representatives from federally recog- tourists, and improve the ability of remote ernization Act of 2015, and annually there- nized Indian tribes and national Indian orga- areas to receive alerts; after through 2018, the Administrator shall nizations. (VI) promotes local and regional public and make available on the public website of the (iii) Individuals who have the requisite private partnerships to enhance community Agency a performance report, which shall— technical knowledge and expertise to serve preparedness and response; and ‘‘(A) establish performance goals for the on the Subcommittee, including representa- (VII) provides redundant alert mecha- implementation of the public alert and warn- tives of— nisms, if practicable, to reach the greatest ing system by the Agency; (I) communications service providers; number of people regardless of whether they ‘‘(B) describe the performance of the public (II) vendors, developers, and manufacturers have access to, or use, any specific medium alert and warning system, including— of systems, facilities, equipment, and capa- of communication or any particular device. ‘‘(i) the type of technology used for alerts bilities for the provision of communications (7) REPORT.— and warnings issued under the system; services; (A) SUBCOMMITTEE SUBMISSION.—Not later ‘‘(ii) the measures taken to alert, warn, (III) third-party service bureaus; than 1 year after the date of enactment of and provide equivalent information to indi- (IV) the broadcasting industry, including this Act, the Subcommittee shall submit to viduals with disabilities, individuals with ac- public broadcasting; the National Advisory Council a report con- cess and function needs, and individuals with (V) the commercial mobile radio service taining any recommendations required to be limited-English proficiency; and industry; developed under paragraph (6) for approval ‘‘(iii) the training, tests, and exercises per- (VI) the cable industry; by the National Advisory Council. formed and the outcomes obtained by the (VII) the satellite industry; (B) SUBMISSION BY NATIONAL ADVISORY Agency; (VIII) national organizations representing COUNCIL.—If the National Advisory Council ‘‘(C) identify significant challenges to the individuals with disabilities, the blind, deaf, approves the recommendations contained in effective operation of the public alert and and hearing-loss communities, individuals the report submitted under subparagraph warning system and any plans to address with access and functional needs, and the el- (A), the National Advisory Council shall sub- these challenges; derly; mit the report to— ‘‘(D) identify other necessary improve- (IX) consumer or privacy advocates; and (i) the head of each agency represented on ments to the system; and (X) organizations representing individuals the Subcommittee; ‘‘(E) provide an analysis comparing the with limited-English proficiency. (ii) the Committee on Homeland Security performance of the public alert and warning (iv) Qualified representatives of such other and Governmental Affairs and the Com- system with the performance goals estab- stakeholders and interested and affected par- mittee on Commerce, Science, and Transpor- lished under subparagraph (A). ties as the Administrator considers appro- tation of the Senate; and ‘‘(2) CONGRESS.—The Administrator shall priate. (iii) the Committee on Homeland Security submit to the Committee on Homeland Secu- (3) CHAIRPERSON.—The Deputy Adminis- and the Committee on Transportation and rity and Governmental Affairs and the Com- trator for Protection and National Prepared- Infrastructure of the House of Representa- mittee on Commerce, Science, and Transpor- ness of the Federal Emergency Management tives. tation of the Senate and the Committee on Agency shall serve as the Chairperson of the (8) TERMINATION.—The Subcommittee shall Transportation and Infrastructure and the Subcommittee. terminate not later than 3 years after the Committee on Homeland Security of the (4) MEETINGS.— date of enactment of this Act. House of Representatives each report re- (A) INITIAL MEETING.—The initial meeting (c) AUTHORIZATION OF APPROPRIATIONS.— quired under paragraph (1).’’. of the Subcommittee shall take place not There are authorized to be appropriated to (b) INTEGRATED PUBLIC ALERT AND WARN- later than 120 days after the date of enact- carry out this Act and the amendments ING SYSTEM SUBCOMMITTEE.— ment of this Act. made by this Act such sums as may be nec- (1) ESTABLISHMENT.—Not later than 90 days (B) OTHER MEETINGS.—After the initial essary for each of fiscal years 2016, 2017, and after the date of enactment of this Act, the meeting, the Subcommittee shall meet, at 2018. Administrator of the Federal Emergency least annually, at the call of the Chair- (d) LIMITATIONS ON STATUTORY CONSTRUC- Management Agency (in this subsection re- person. TION.— ferred to as the ‘‘Administrator’’) shall es- (5) CONSULTATION WITH NONMEMBERS.—The (1) DEFINITION.—In this subsection, the tablish a subcommittee to the National Ad- Subcommittee and the program offices for term ‘‘participating commercial mobile serv- visory Council established under section 508 the integrated public alert and warning sys- ice provider’’ has the meaning given that of the Homeland Security Act of 2002 (6 tem for the United States shall consult with term under section 10.10(f) of title 47, Code of U.S.C. 318) to be known as the Integrated individuals and entities that are not rep- Federal Regulations, as in effect on the date Public Alert and Warning System Sub- resented on the Subcommittee to consider of enactment of this Act. committee (in this subsection referred to as new and developing technologies that may be (2) LIMITATIONS.—Nothing in this Act, in- the ‘‘Subcommittee’’). beneficial to the public alert and warning cluding an amendment made by this Act, (2) MEMBERSHIP.—Notwithstanding section system, including— shall be construed— 508(c) of the Homeland Security Act of 2002 (6 (A) the Defense Advanced Research (A) to affect any authority— U.S.C. 318(c)), the Subcommittee shall be Projects Agency; (i) of the Department of Commerce;

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.054 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4982 CONGRESSIONAL RECORD — SENATE July 9, 2015 (ii) of the Federal Communications Com- dures for the public alert and warning sys- ‘‘(6) to the extent feasible, include a mech- mission; or tem; anism to ensure the protection of individual (iii) provided under the Robert T. Stafford ‘‘(2) include in the public alert and warning privacy. Disaster Relief and Emergency Assistance system the capability to adapt the distribu- ‘‘(d) USE OF SYSTEM.—Except to the extent Act (42 U.S.C. 5121 et seq.); tion and content of communications on the necessary for testing the public alert and (B) to provide the Secretary of Homeland basis of geographic location, risks, and mul- warning system, the public alert and warn- Security with authority to require any ac- tiple communication systems and tech- ing system shall not be used to transmit a tion by the Department of Commerce, the nologies, as appropriate and to the extent message that does not relate to a natural Federal Communications Commission, or technically feasible; disaster, act of terrorism, or other man- any nongovernmental entity; ‘‘(3) include in the public alert and warning made disaster or threat to public safety. (C) to apply to, or to provide the Adminis- system the capability to alert, warn, and ‘‘(e) PERFORMANCE REPORTS.— trator of the Federal Emergency Manage- provide equivalent information to individ- ‘‘(1) IN GENERAL.—Not later than 1 year ment Agency with authority over, any par- uals with disabilities, individuals with ac- after the date of enactment of the Integrated ticipating commercial mobile service pro- cess and functional needs, and individuals Public Alert and Warning System Mod- vider; øor¿ with limited-English proficiency, to the ex- ernization Act of 2015, and annually there- (D) to alter in any way the wireless emer- tent technically feasible; after through 2018, the Administrator shall gency alerts service established under the ‘‘(4) ensure that training, tests, and exer- make available on the public website of the Warning, Alert, and Response Network Act cises are conducted for the public alert and Agency a performance report, which shall— (47 U.S.C. 1201 et seq.) or any related orders warning system, including by— ‘‘(A) establish performance goals for the issued by the Federal Communications Com- ‘‘(A) incorporating the public alert and implementation of the public alert and warn- mission after October 13, ø2006.¿ 2006; or warning system into other training and exer- ing system by the Agency; (E) to provide the Federal Emergency Man- cise programs of the Department, as appro- ‘‘(B) describe the performance of the public agement Agency with authority to require a priate; alert and warning system, including— State or local jurisdiction to use the integrated ‘‘(B) establishing and integrating into the ‘‘(i) the type of technology used for alerts public alert and warning system of the United National Incident Management System a and warnings issued under the system; States. comprehensive and periodic training pro- ‘‘(ii) the measures taken to alert, warn, Mr. MCCONNELL. I ask unanimous gram to instruct and educate Federal, State, and provide equivalent information to indi- consent that the committee-reported tribal, and local government officials in the viduals with disabilities, individuals with ac- amendments be agreed to, the bill, as use of the Common Alerting Protocol en- cess and function needs, and individuals with amended, be read a third time and abled Emergency Alert System; and limited-English proficiency; and passed, and the motion to reconsider be ‘‘(C) conducting, not less than once every 3 ‘‘(iii) the training, tests, and exercises per- years, periodic nationwide tests of the public considered made and laid upon the formed and the outcomes obtained by the alert and warning system; Agency; table. ‘‘(5) to the extent practicable, ensure that ‘‘(C) identify significant challenges to the The PRESIDING OFFICER. Without the public alert and warning system is resil- effective operation of the public alert and objection, it is so ordered. ient and secure and can withstand acts of warning system and any plans to address The committee-reported amendments terrorism and other external attacks; these challenges; were agreed to. ‘‘(6) conduct public education efforts so ‘‘(D) identify other necessary improve- The bill (S. 1180), as amended, was or- that State, tribal, and local governments, ments to the system; and dered to be engrossed for a third read- private entities, and the people of the United ‘‘(E) provide an analysis comparing the ing, was read the third time, and States reasonably understand the functions performance of the public alert and warning of the public alert and warning system and passed, as follows: system with the performance goals estab- how to access, use, and respond to informa- lished under subparagraph (A). S. 1180 tion from the public alert and warning sys- ‘‘(2) CONGRESS.—The Administrator shall Be it enacted by the Senate and House of Rep- tem through a general market awareness submit to the Committee on Homeland Secu- resentatives of the United States of America in campaign; rity and Governmental Affairs and the Com- Congress assembled, ‘‘(7) consult, coordinate, and cooperate mittee on Commerce, Science, and Transpor- SECTION 1. SHORT TITLE. with the appropriate private sector entities tation of the Senate and the Committee on This Act may be cited as the ‘‘Integrated and Federal, State, tribal, and local govern- Transportation and Infrastructure and the Public Alert and Warning System Mod- mental authorities, including the Regional Committee on Homeland Security of the ernization Act of 2015’’. Administrators and emergency response pro- House of Representatives each report re- SEC. 2. INTEGRATED PUBLIC ALERT AND WARN- viders; quired under paragraph (1).’’. ING SYSTEM MODERNIZATION. ‘‘(8) consult and coordinate with the Fed- (b) INTEGRATED PUBLIC ALERT AND WARN- (a) IN GENERAL.—Title V of the Homeland eral Communications Commission, taking ING SYSTEM SUBCOMMITTEE.— Security Act of 2002 (6 U.S.C. 311 et seq.) is into account rules and regulations promul- (1) ESTABLISHMENT.—Not later than 90 days amended by adding at the end the following: gated by the Federal Communications Com- after the date of enactment of this Act, the ‘‘SEC. 526. INTEGRATED PUBLIC ALERT AND mission; and Administrator of the Federal Emergency WARNING SYSTEM MODERNIZATION. ‘‘(9) coordinate with and consider the rec- Management Agency (in this subsection re- ‘‘(a) IN GENERAL.—To provide timely and ommendations of the Integrated Public Alert ferred to as the ‘‘Administrator’’) shall es- effective warnings regarding natural disas- and Warning System Subcommittee estab- tablish a subcommittee to the National Ad- ters, acts of terrorism, and other man-made lished under section 2(b) of the Integrated visory Council established under section 508 disasters or threats to public safety, the Ad- Public Alert and Warning System Mod- of the Homeland Security Act of 2002 (6 ministrator shall— ernization Act of 2015. U.S.C. 318) to be known as the Integrated ‘‘(1) modernize the integrated public alert ‘‘(c) SYSTEM REQUIREMENTS.—The public Public Alert and Warning System Sub- and warning system of the United States (in alert and warning system shall— committee (in this subsection referred to as this section referred to as the ‘public alert ‘‘(1) to the extent determined appropriate the ‘‘Subcommittee’’). and warning system’) to help ensure that by the Administrator, incorporate multiple (2) MEMBERSHIP.—Notwithstanding section under all conditions the President and, ex- communications technologies; 508(c) of the Homeland Security Act of 2002 (6 cept to the extent the public alert and warn- ‘‘(2) be designed to adapt to, and incor- U.S.C. 318(c)), the Subcommittee shall be ing system is in use by the President, Fed- porate, future technologies for commu- composed of the following members (or their eral agencies and State, tribal, and local nicating directly with the public; designees): governments can alert and warn the civilian ‘‘(3) to the extent technically feasible, be (A) The Deputy Administrator for Protec- population in areas endangered by natural designed— tion and National Preparedness of the Fed- disasters, acts of terrorism, and other man- ‘‘(A) to provide alerts to the largest por- eral Emergency Management Agency. made disasters or threats to public safety; tion of the affected population feasible, in- (B) The Chairman of the Federal Commu- and cluding nonresident visitors and tourists, in- nications Commission. ‘‘(2) implement the public alert and warn- dividuals with disabilities, individuals with (C) The Administrator of the National Oce- ing system to disseminate timely and effec- access and functional needs, and individuals anic and Atmospheric Administration of the tive warnings regarding natural disasters, with limited-English proficiency; and Department of Commerce. acts of terrorism, and other man-made disas- ‘‘(B) to improve the ability of remote areas (D) The Assistant Secretary for Commu- ters or threats to public safety. to receive alerts; nications and Information of the Department ‘‘(b) IMPLEMENTATION REQUIREMENTS.—In ‘‘(4) promote local and regional public and of Commerce. carrying out subsection (a), the Adminis- private partnerships to enhance community (E) The Under Secretary for Science and trator shall— preparedness and response; Technology of the Department of Homeland ‘‘(1) establish or adopt, as appropriate, ‘‘(5) provide redundant alert mechanisms Security. common alerting and warning protocols, where practicable so as to reach the greatest (F) The Under Secretary for the National standards, terminology, and operating proce- number of people; and Protection and Programs Directorate.

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.054 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE July 9, 2015 CONGRESSIONAL RECORD — SENATE S4983 (G) The Director of Disability Integration basis of geographic location, risks, or per- (47 U.S.C. 1201 et seq.) or any related orders and Coordination of the Federal Emergency sonal user preferences, as appropriate; issued by the Federal Communications Com- Management Agency. (II) has the capability to alert and warn in- mission after October 13, 2006; or (H) The Chairperson of the National Coun- dividuals with disabilities and individuals (E) to provide the Federal Emergency Man- cil on Disability. with limited-English proficiency; agement Agency with authority to require a (I) Qualified individuals appointed by the (III) to the extent appropriate, incor- State or local jurisdiction to use the inte- Administrator as soon as practicable after porates multiple communications tech- grated public alert and warning system of the date of enactment of this Act from nologies; the United States. among the following: (IV) is designed to adapt to, and incor- f (i) Representatives of State and local gov- porate, future technologies for commu- ernments, representatives of emergency nicating directly with the public; E–WARRANTY ACT OF 2015 (V) is designed to provide alerts to the management agencies, and representatives Mr. MCCONNELL. Mr. President, I largest portion of the affected population of emergency response providers. ask unanimous consent that the Sen- (ii) Representatives from federally recog- feasible, including nonresident visitors and tourists, and improve the ability of remote ate proceed to the immediate consider- nized Indian tribes and national Indian orga- ation of Calendar No. 142, S. 1359. nizations. areas to receive alerts; (iii) Individuals who have the requisite (VI) promotes local and regional public and The PRESIDING OFFICER. The technical knowledge and expertise to serve private partnerships to enhance community clerk will report the bill by title. preparedness and response; and on the Subcommittee, including representa- The senior assistant legislative clerk (VII) provides redundant alert mecha- tives of— read as follows: nisms, if practicable, to reach the greatest (I) communications service providers; number of people regardless of whether they A bill (S. 1359) to allow manufacturers to (II) vendors, developers, and manufacturers have access to, or use, any specific medium meet warranty and labeling requirements for of systems, facilities, equipment, and capa- of communication or any particular device. consumer products by displaying the terms bilities for the provision of communications (7) REPORT.— of warranties on Internet websites, and for services; (A) SUBCOMMITTEE SUBMISSION.—Not later other purposes. (III) third-party service bureaus; than 1 year after the date of enactment of There being no objection, the Senate (IV) the broadcasting industry, including this Act, the Subcommittee shall submit to proceeded to consider the bill. public broadcasting; the National Advisory Council a report con- (V) the commercial mobile radio service Mr. MCCONNELL. Mr. President, I taining any recommendations required to be ask unanimous consent that the Fisch- industry; developed under paragraph (6) for approval (VI) the cable industry; by the National Advisory Council. er-Nelson amendment be agreed to; the (VII) the satellite industry; (B) SUBMISSION BY NATIONAL ADVISORY bill, as amended, be read a third time (VIII) national organizations representing COUNCIL.—If the National Advisory Council and passed; and the motion to recon- individuals with disabilities, the blind, deaf, approves the recommendations contained in sider be considered made and laid upon and hearing-loss communities, individuals the report submitted under subparagraph the table. with access and functional needs, and the el- (A), the National Advisory Council shall sub- The PRESIDING OFFICER. Without derly; mit the report to— (IX) consumer or privacy advocates; and objection, it is so ordered. (i) the head of each agency represented on The amendment (No. 2214) was agreed (X) organizations representing individuals the Subcommittee; with limited-English proficiency. (ii) the Committee on Homeland Security to, as follows: (iv) Qualified representatives of such other and Governmental Affairs and the Com- (Purpose: To improve the bill) stakeholders and interested and affected par- mittee on Commerce, Science, and Transpor- ties as the Administrator considers appro- On page 3, line 21, strike ‘‘on’’ and insert tation of the Senate; and ‘‘for’’. priate. (iii) the Committee on Homeland Security (3) CHAIRPERSON.—The Deputy Adminis- On page 4, line 1, insert ‘‘, through elec- and the Committee on Transportation and tronic or other means,’’ after ‘‘available’’. trator for Protection and National Prepared- Infrastructure of the House of Representa- ness of the Federal Emergency Management On page 4, line 3, strike ‘‘on’’ and insert tives. ‘‘for’’. Agency shall serve as the Chairperson of the (8) TERMINATION.—The Subcommittee shall Subcommittee. The bill (S. 1359), as amended, was or- terminate not later than 3 years after the dered to be engrossed for a third read- (4) MEETINGS.— date of enactment of this Act. (A) INITIAL MEETING.—The initial meeting (c) AUTHORIZATION OF APPROPRIATIONS.— ing, was read the third time, and of the Subcommittee shall take place not There are authorized to be appropriated to passed, as follows: later than 120 days after the date of enact- carry out this Act and the amendments S. 1359 ment of this Act. made by this Act such sums as may be nec- Be it enacted by the Senate and House of Rep- (B) OTHER MEETINGS.—After the initial essary for each of fiscal years 2016, 2017, and resentatives of the United States of America in meeting, the Subcommittee shall meet, at 2018. Congress assembled, least annually, at the call of the Chair- (d) LIMITATIONS ON STATUTORY CONSTRUC- person. TION.— SECTION 1. SHORT TITLE. (5) CONSULTATION WITH NONMEMBERS.—The (1) DEFINITION.—In this subsection, the This Act may be cited as the ‘‘E-Warranty Subcommittee and the program offices for term ‘‘participating commercial mobile serv- Act of 2015’’. the integrated public alert and warning sys- ice provider’’ has the meaning given that SEC. 2. FINDINGS. tem for the United States shall consult with term under section 10.10(f) of title 47, Code of Congress makes the following findings: individuals and entities that are not rep- Federal Regulations, as in effect on the date (1) Many manufacturers and consumers resented on the Subcommittee to consider of enactment of this Act. prefer to have the option to provide or re- new and developing technologies that may be (2) LIMITATIONS.—Nothing in this Act, in- ceive warranty information online. beneficial to the public alert and warning cluding an amendment made by this Act, (2) Modernizing warranty notification rules system, including— shall be construed— is necessary to allow the United States to (A) the Defense Advanced Research (A) to affect any authority— continue to compete globally in manufac- Projects Agency; (i) of the Department of Commerce; turing, trade, and the development of con- (B) entities engaged in federally funded re- (ii) of the Federal Communications Com- sumer products connected to the Internet. search; and mission; or (3) Allowing an electronic warranty option (C) academic institutions engaged in rel- (iii) provided under the Robert T. Stafford would expand consumer access to relevant evant work and research. Disaster Relief and Emergency Assistance consumer information in an environmentally (6) RECOMMENDATIONS.—The Subcommittee Act (42 U.S.C. 5121 et seq.); friendly way, and would provide additional shall— (B) to provide the Secretary of Homeland flexibility to manufacturers to meet their la- (A) develop recommendations for an inte- Security with authority to require any ac- beling and warranty requirements. grated public alert and warning system; and tion by the Department of Commerce, the SEC. 3. ELECTRONIC DISPLAY OF TERMS OF (B) in developing the recommendations Federal Communications Commission, or WRITTEN WARRANTY FOR CON- under subparagraph (A), consider— any nongovernmental entity; SUMER PRODUCTS. (i) recommendations for common alerting (C) to apply to, or to provide the Adminis- (a) IN GENERAL.—Section 102(b) of the Mag- and warning protocols, standards, termi- trator of the Federal Emergency Manage- nuson-Moss Warranty—Federal Trade Com- nology, and operating procedures for the ment Agency with authority over, any par- mission Improvement Act (15 U.S.C. 2302(b)) public alert and warning system; and ticipating commercial mobile service pro- is amended by adding at the end the fol- (ii) recommendations to provide for a pub- vider; lowing: lic alert and warning system that— (D) to alter in any way the wireless emer- ‘‘(4)(A) Except as provided in subparagraph (I) has the capability to adapt the distribu- gency alerts service established under the (B), the rules prescribed under this sub- tion and content of communications on the Warning, Alert, and Response Network Act section shall allow for the satisfaction of all

VerDate Sep 11 2014 06:57 Jul 10, 2015 Jkt 049060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A09JY6.059 S09JYPT1 SSpencer on DSK4SPTVN1PROD with SENATE S4984 CONGRESSIONAL RECORD — SENATE July 9, 2015 requirements concerning the availability of EVERY CHILD ACHIEVES ACT OF ADJOURNMENT UNTIL MONDAY, terms of a written warranty on a consumer 2015 JULY 13, 2015, AT 3 P.M. product under this subsection by— ‘‘(i) making available such terms in an ac- AMENDMENT NO. 2119, AS MODIFIED Mr. MCCONNELL. Mr. President, if cessible digital format on the Internet Mr. MCCONNELL. Mr. President, I there is no further business to come be- website of the manufacturer of the consumer ask unanimous consent that notwith- fore the Senate, I ask unanimous con- product in a clear and conspicuous manner; standing the adoption of the Gardner sent that it stand adjourned under the and amendment No. 2119, that the modifica- previous order. ‘‘(ii) providing to the consumer (or pro- tion of the page and line numbers, There being no objection, the Senate, spective consumer) information with respect at 6:34 p.m., adjourned until Monday, to how to obtain and review such terms by which is at the desk, be made. indicating on the product or product pack- The PRESIDING OFFICER. Without July 13, 2015, at 3 p.m. aging or in the product manual— objection, it is so ordered. f ‘‘(I) the Internet website of the manufac- The amendment (No. 2119), as modi- turer where such terms can be obtained and fied, is as follows: NOMINATIONS reviewed; and On page 19, line 24, insert ‘‘public charter Executive nominations received by ‘‘(II) the phone number of the manufac- school representatives (if applicable),’’ be- the Senate: turer, the postal mailing address of the man- fore ‘‘specialized’’. THE JUDICIARY ufacturer, or another reasonable non-Inter- On page 98, line 10, insert ‘‘public charter net based means of contacting the manufac- school representatives (if applicable),’’ after DARLENE MICHELE SOLTYS, OF THE DISTRICT OF CO- turer to obtain and review such terms. LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR ‘‘leaders,’’. COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM ‘‘(B) With respect to any requirement that OF FIFTEEN YEARS, VICE NATALIA COMBS GREENE, RE- the terms of any written warranty for a con- f TIRED. sumer product be made available to the con- IN THE AIR FORCE LETTER OF RESIGNATION FROM sumer (or prospective consumer) prior to THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED sale of the product, in a case in which a con- THE U.S. AIR FORCE ACADEMY STATES OFFICERS FOR APPOINTMENT IN THE RESERVE sumer product is offered for sale in a retail BOARD OF VISITORS OF THE AIR FORCE TO THE GRADE INDICATED UNDER location, by catalog, or through door-to-door TITLE 10, U.S.C., SECTIONS 12203 AND 12212: sales, subparagraph (A) shall only apply if Mr. MCCONNELL. Mr. President, I To be brigadier general the seller makes available, through elec- ask unanimous consent that the fol- COLONEL DAVID W. ASHLEY tronic or other means, at the location of the lowing letter of resignation from the COLONEL JEREMY O. BAENEN COLONEL STEPHEN F. BAGGERLY sale to the consumer purchasing the con- U.S. Air Force Academy Board of Visi- COLONEL SAMUEL W. BLACK sumer product the terms of the warranty for tors be printed in the RECORD. COLONEL CHRISTINE M. BURCKLE the consumer product before the purchase.’’. COLONEL DAVID B. BURGY There being no objection, the mate- COLONEL JANUS D. BUTCHER (b) REVISION OF RULES.— rial was ordered to be printed in the COLONEL JOHN D. CAINE (1) IN GENERAL.—Not later than 1 year after RECORD, as follows: COLONEL CRAIG A. CAMPBELL the date of the enactment of this Act, the COLONEL JOSEPH S. CHISOLM COLONEL FLOYD W. DUNSTAN Federal Trade Commission shall revise the U.S. SENATE, July 8, 2015. COLONEL DOUGLAS A. FARNHAM rules prescribed under such section to com- COLONEL LAURIE M. FARRIS ply with the requirements of paragraph (4) of Hon. JOSEPH R. BIDEN, Jr. COLONEL JERRY L. FENWICK COLONEL DAWN M. FERRELL such section, as added by subsection (a) of Vice President of the United States, The White House, Washington, DC. COLONEL DOUGLAS E. FICK this section. COLONEL ARTHUR J. FLORU DEAR MR. VICE PRESIDENT: I have been (2) AUTHORITY TO WAIVE REQUIREMENT FOR COLONEL DONALD A. FURLAND honored to serve as a member of the U.S. Air COLONEL TIMOTHY H. GAASCH ORAL PRESENTATION.—In revising rules under Force Academy Board of Visitors for the COLONEL KERRY M. GENTRY paragraph (1), the Federal Trade Commission COLONEL JEROME M. GOUHIN may waive the requirement of section 109(a) past four years. I have appreciated the op- COLONEL RANDY E. GREENWOOD COLONEL ROBERT J. GREY, JR. of such Act (15 U.S.C. 2309(a)) to give inter- portunity to represent and advise one of the finest military academies in the world. COLONEL EDITH M. GRUNWALD ested persons an opportunity for oral presen- COLONEL GREGORY M. HENDERSON tation if the Commission determines that Serving as a member of the Board has been COLONEL ELIZABETH A. HILL COLONEL JOHN S. JOSEPH giving interested persons such opportunity one of the great honors of my career. How- ever, due to my increasingly demanding COLONEL JILL A. LANNAN would interfere with the ability of the Com- COLONEL JAMES M. LEFAVOR mission to revise rules under paragraph (1) in schedule, I regret that I must resign from COLONEL JEFFREY A. LEWIS my position. I am fully confident that your COLONEL TIMOTHY T. LUNDERMAN a timely manner. COLONEL ERIC W. MANN next appointee will be an outstanding person COLONEL BETTY J. MARSHALL of character who embodies the values and COLONEL SHERRIE L. MCCANDLESS f ideals of the U.S. Air Force. COLONEL KEVIN T. MCMANAMAN COLONEL DAVID J. MEYER Again, thank you for the opportunity to COLONEL ROBERT A. MEYER, JR. RESOLUTIONS SUBMITTED TODAY serve the men and women of the Air Force COLONEL STEVEN S. NORDHAUS Academy. COLONEL SCOTT W. NORMANDEAU Mr. MCCONNELL. Mr. President, I COLONEL RICHARD C. OXNER, JR. Sincerely, COLONEL KIRK S. PIERCE ask unanimous consent that the Sen- LINDSEY O. GRAHAM, COLONEL THERESA B. PRINCE ate now proceed to the en bloc consid- U.S. Senator. COLONEL DAVID L. ROMUALD COLONEL EDWARD A. SAULEY III eration of the following Senate resolu- COLONEL KEITH A. SCHELL f tions, which were submitted earlier COLONEL BRIAN M. SIMPLER COLONEL CHARLES G. STEVENSON today: S. Res. 219, designating July 25, ORDERS FOR MONDAY, JULY 13, COLONEL BRADLEY A. SWANSON 2015, as ‘‘National Day of the American COLONEL DEAN A. TREMPS 2015 COLONEL WILLIAM M. VALENTINE Cowboy’’; S. Res. 220, commemorating COLONEL RICHARD W. WEDAN Mr. MCCONNELL. Mr. President, I the 50th Anniversary of the Medora THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ask unanimous consent that when the Musical; and S. Res. 221, recognizing IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Senate completes its business today, it CATED UNDER TITLE 10, U.S.C., SECTION 624: the 100th anniversary of Rocky Moun- adjourn until 3 p.m. on Monday, July To be brigadier general tain National Park. 13; that following the prayer and COL. STEVEN A. SCHAICK There being no objection, the Senate pledge, the morning hour be deemed IN THE ARMY proceeded to consider the resolutions expired, the Journal of proceedings be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT en bloc. approved to date, and the time for the IN THE RESERVE OF THE ARMY TO THE GRADE INDI- Mr. MCCONNELL. I ask unanimous two leaders be reserved for their use CATED UNDER TITLE 10, U.S.C., SECTION 12203: consent that the resolutions be agreed later in the day; that following leader To be brigadier general to, the preambles be agreed to, and the remarks, the Senate be in a period of COL. JEFFREY A. DOLL motions to reconsider be considered morning business for 1 hour, with Sen- f made and laid upon the table en bloc. ators permitted to speak therein for up The PRESIDING OFFICER. Without to 10 minutes each; that lastly, fol- DISCHARGED NOMINATION objection, it is so ordered. lowing morning business, the Senate The Senate Committee on Energy (The resolutions, with their pre- then resume consideration of S. 1177. and Natural Resources was discharged ambles, are printed in today’s RECORD The PRESIDING OFFICER. Without from further consideration of the fol- under ‘‘Submitted Resolutions.’’) objection, it is so ordered. lowing nomination pursuant to the

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