Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, FIRST SESSION
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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, DECEMBER 10, 2015 No. 179 Senate The Senate met at 9:30 a.m. and was Make our lawmakers instruments of PLEDGE OF ALLEGIANCE called to order by the President pro Your peace. Where there is discord, The President pro tempore led the tempore (Mr. HATCH). may they bring harmony. Where there Pledge of Allegiance, as follows: is cynicism, may they bring faith. f I pledge allegiance to the Flag of the Where there is sadness, may they bring United States of America, and to the Repub- PRAYER joy. And where there is despair, may lic for which it stands, one nation under God, The Chaplain, Dr. Barry C. Black, of- they bring hope. Use these stewards of indivisible, with liberty and justice for all. fered the following prayer: liberty to make the rough places Let us pray. smooth and the crooked places f Eternal God, we place our trust in straight. You. During this season, when we sing Lord, thank You for bringing hope to RESERVATION OF LEADER TIME about good will toward humanity, the helpless and for hearing and com- The PRESIDING OFFICER (Mr. many forces seek to turn that dream forting the oppressed. HELLER). Under the previous order, the into a nightmare. We pray in Your Holy Name. Amen. leadership time is reserved. NOTICE If the 114th Congress, 1st Session, adjourns sine die on or before December 24, 2015, a final issue of the Congres- sional Record for the 114th Congress, 1st Session, will be published on Thursday, December 31, 2015, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 30. The final issue will be dated Thursday, December 31, 2015, and will be delivered on Monday, January 4, 2016. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster.senate.gov/secretary/ Departments/ReporterslDebates/resources/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at https://housenet.house.gov/legislative/research-and-reference/transcripts-and-records/electronic-congressional-record-inserts. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Publishing Office, on 512– 0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. GREGG HARPER, Chairman. MORNING BUSINESS p.m., with Senators permitted to speak RECOGNITION OF THE MINORITY The PRESIDING OFFICER. Under therein for up to 10 minutes each. LEADER the previous order, the Senate will be The PRESIDING OFFICER. The in a period of morning business until 3 Democratic leader is recognized. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. S8563 . VerDate Sep 11 2014 00:45 Dec 11, 2015 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A10DE6.000 S10DEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S8564 CONGRESSIONAL RECORD — SENATE December 10, 2015 DISCRIMINATION into lesser schools is unacceptable. Mr. MCCONNELL. Mr. President, I Mr. REID. Mr. President, yesterday That Justice Scalia could raise such an ask unanimous consent that the order the Supreme Court heard oral argu- uninformed idea shows just how out of for the quorum call be rescinded. ments in the case of Fisher v. Univer- touch he is with the values of this Na- The PRESIDING OFFICER. Without sity of Texas. In that case the plaintiff tion. It goes without saying that an Af- objection, it is so ordered. was challenging the affirmative action rican-American student has the same f program the University of Texas has. potential to succeed in an academi- cally challenging environment as any RECOGNITION OF THE MAJORITY During those oral arguments, con- LEADER servative Justice Scalia asked whether other student. affirmative action harms minority stu- I firmly continue to believe the The PRESIDING OFFICER. The ma- dents by placing them in environments United States of America is the great- jority leader is recognized. that are too academically challenging est Nation in the world because of our f for them. Justice Scalia said the fol- ability to embrace men and women of diverse backgrounds and provide them ACCOMPLISHMENTS OF THE NEW lowing about African-American stu- SENATE dents: ‘‘There are those who contend with the opportunity to succeed. Col- that it does not benefit African Ameri- leges and universities that welcome di- Mr. MCCONNELL. Mr. President, cans to get them into the University of versity provide their students with an what a difference a new Senate can Texas where they do not do well, as op- opportunity many in the world can make—what a difference. Some may have thought Washington posed to having them go to a less ad- never hope to obtain. Learning with would never agree on a replacement for vanced school, a slower-track school people from different backgrounds No Child Left Behind. Years of inaction where they do well.’’ spurs creativity and innovation. Re- Justice Scalia further argued that search has shown that increased racial on the Senate floor gave ample cause African-American students ‘‘come from diversity on campuses produces higher for doubt. Some may have been skep- lesser schools where they do not feel levels of academic achievement for all tical when a new Senate with a new ap- that they’re . being pushed ahead in students, and Fortune 500 companies proach resolved to finally solve the . classes that are too . fast for agree that embracing diversity is good problem—but no longer. them’’ and that the University of for the bottom line. Yesterday, the new Senate voted The Supreme Court previously has Texas should not take really qualified overwhelmingly to deliver the most acknowledged that diversity provides a African-American students because significant K–12 education reform in substantial and compelling contribu- that means ‘‘the number of . really well over a decade. The President will tion to our educational system. Yet competent blacks admitted to lesser sign the bipartisan Every Student Suc- Justice Scalia’s comments paint a pic- schools turns out to be less.’’ ceeds Act later this morning. But that wasn’t enough. This is what ture of two disturbing realities. Here is what this bipartisan law will Despite the progress our Nation has else he said: ‘‘I don’t think it stands to do: replace a broken law with conserv- made on diversity and inclusion, there reason that it’s a good thing for the ative reform that will help students is still much work to do to ensure we University of Texas to admit as many succeed instead of helping Washington are giving every American a fair shot blacks as possible.’’ grow. That means swapping one-size- It is stunning that a man of his intel- regardless of race, ethnicity, or reli- fits-all Federal mandates for greater lect—and I have always acknowledged gion. As a nation, we still have the re- State and local flexibility. That means his intellect, but these ideas that he sponsibility to direct adequate re- bringing an end to the ability of far- pronounced yesterday are racist in ap- sources to our educational system to away bureaucrats to impose common plication if not intent. I don’t know prepare all students for higher edu- core. That means strengthening char- about his intent, but it is deeply dis- cation. ter schools. That means putting edu- Generations of discrimination and le- turbing to hear a Supreme Court Jus- cation back in the hands of those who gally sanctioned inequality have pro- tice endorse racist ideas from the know students’ needs best—parents, duced racial disparities in our edu- bench of the Nation’s highest Court. teachers, States, and school boards. cational system—sad but true. These His endorsement of racist theories has The Every Student Succeeds Act is disparities must be addressed by em- frightening ramifications, not the least conservative reform passed on a bipar- bracing diversity in our schools, work- of which is to undermine the academic tisan basis. The Wall Street Journal places, markets, and neighborhoods achievements of Americans, African calls it ‘‘the largest devolution of fed- while investing in adequate resources Americans especially. eral control to the states in a quarter- Earlier this week I spoke about the for all students, from pre-K to higher century,’’ and it is an important Republican platform, which has a lot of education. achievement for our kids and for our Our Nation was founded on the val- hate in it.