Mr. Speaker, I yield myself such time as I may consume. I thank the gentleman for yielding me the customary 30 minutes. Mr. Speaker, one of the greatest honors that I have had as a Member of Congress…
Mr. Speaker, I yield myself such time as I may consume.
I thank the gentleman for yielding me the customary 30 minutes.
Mr. Speaker, one of the greatest honors that I have had as a Member of Congress has been the opportunity to serve on the Education and the Workforce Committee and on the conference committee that put the Every Student Succeeds Act together in its final form.
Before coming to Congress, I chaired the Colorado State Board of Education; I founded two charter schools, the New America School and the Academy of Urban Learning; and I worked closely with educators, school board members, and parents across our State to improve the quality of our schools in Colorado.
I know firsthand the impact that Federal education policy has on States, on school districts, on schools, and on the families that they serve. So when I arrived in Congress, I was excited to roll up my sleeves and get to work on education policy.
One of the top issues in education when I arrived has always been the desire to replace No Child Left Behind, an outdated and inflexible law that, in many ways, set schools up for failure, with a new and better way of making sure that every student has the opportunity to succeed.
I heard from so many of my constituents that, under No Child Left Behind, schools were testing too much, districts lacked the flexibility they needed, and the Colorado Department of Education--like so many other State departments of education--was effectively at the whim of the U.S. Department of Education with regard to their State plans, effectively living waiver to waiver. That is no way to go about Federal education policy. It is why the Every Student Succeeds Act was so badly needed.
Now, early on, the work on the Every Student Succeeds Act wasn't as collegial as it should have been. Republicans introduced a hyperpartisan bill. It passed this Chamber with no Democrat votes and many Republicans voting against it as well. But throughout the process, one thing remained the same: Members were committed to moving past No Child Left Behind and replacing it with a bill that put the interests of students first. Finally that happened last Congress, 15 years after the passage of No Child Left Behind and almost 6 years after the expiration of the authorizing statute; but, finally, Congress did its job.
I am proud to say that everyone on the Education and the Workforce Committee has shown that we believe that every child deserves a great education. We may have different ideas at times about how to achieve that goal, and that is okay, but we all value the result of ensuring opportunity for every child in our country.
It was that very commitment and value, as well as our willingness to work together, that produced the Every Student Succeeds Act. The bill passed overwhelmingly in the majority Republican House and Senate, and was signed by our then-Democratic President. It was and continues to be a bright spot of the last Congress, and what too often seems a Congress that is overwhelmed by partisanship.
Unfortunately, the bipartisanship under ESSA potentially ends with this bill. House Republicans have filed the resolution using the Congressional Review Act to overturn a key regulation consistent with the law that was finalized by the Obama administration in December. Now, before diving into the details of this particular Congressional Review Act that is considered under this rule, I want to say a little bit about the process.
We should look no further than the U.S. Constitution in learning how separation of powers works. There are three branches of government: the legislative, executive, and judicial. Each branch is separate, independent, and coequal, and different in how they function. That is an important background and a critical context in evaluating this legislation.
When Congress passed and the President signed the Every Student Succeeds Act in December of 2015, the process didn't end. Many bills, especially one as extensive as ESSA, require clarification from the Department of Education, the agency charged with executing the law. The text of the ESSA anticipated that. In fact, the law describes in detail how the Department of Education should and shouldn't write regulations. Frankly, that had been some of the problem under No Child Left Behind, is it lacked sufficient congressional direction with regard to the waiver process which was used effectively at the full discretion of then-Secretary of Education Duncan and President Obama.
It took the Department a year and a multistakeholder process, ensuring every voice was heard. Sure enough, a year after the legislation was passed, the Department of Education finalized its rules on accountability.
Last week, House Republicans took the first step towards taking a sledgehammer to that entire implementation. Rules that have extensive buy-in from stakeholders and are the blueprint for States in developing our State education plans would be thrown out
under this rule, effectively throwing public education into chaos across all 50 States and completely disregarding the hard work of educators, parents, school board members, superintendents, and principals over the last year.
The two education-related CRAs we are considering on the floor were introduced last Wednesday night. That is four legislative days between introduction and action. Once more, the CRAs weren't treated through the committee process. We did not consider them in the Education and the Workforce Committee. There were no hearings, no markups. In fact, the full Education and the Workforce Committee hasn't even had a markup yet with regard to a K-12 bill.
I am honored to be the ranking member on the Subcommittee on Early Childhood, Elementary, and Secondary Education, which has jurisdiction over one of these three CRAs under this bill. We had no hearings or markups on this bill. It is really a disservice to the over 50 new Members of this Congress--no imprint on this bill--as well as the Members at large, that this committee avoids the regular process.
It is also counter to promises that were made by Republican leadership about returning to regular order. The actions today couldn't be further from regular order because Republicans have chosen to utilize the Congressional Review Act to move bills from introduction to the floor without going through committee.
Unfortunately, the Congressional Review Act not only overturns regulations, but it prevents the Department of Education from writing a new regulation that is similar to the regulation that was overturned.
Now, Mr. Byrne mentioned that there can be subsequent legislation that allows it. Let me point out that Every Student Succeeds Act was over 5 years overdue. It took Congress 5 years after the initial expiration of No Child Left Behind to even replace the authorizing statute. So if that is Congress' intent, we are putting the cart before the horse. We should alter or change the authorizing statute in a way that Democrats and Republicans agree, rather than throw out the work that has already occurred.
This statute would effectively tie the hands of the recently confirmed Secretary of Education DeVos and prevent her from implementing the will of this body through the Every Student Succeeds Act.
Over the past few weeks, my office has received hundreds of pieces of mail regarding education, largely in opposition to Secretary DeVos; but I think the issue is that Secretary DeVos, who was recently confirmed-- this CRA would prevent her from doing her job and implementing the Every Student Succeeds Act.
Let me just say that this guidance on accountability isn't just for show. It is at the very heart of the Every Student Succeeds Act, which Democrats and Republicans supported. It has real impact.
I want to close my opening remarks with a story about that real impact from Christina in Pennsylvania, whose son has a learning disability. Christina's son has always had a tough time in school due to diagnosed dyslexia, dysgraphia, and ADHD. While he is a smart and personable kid, when it came time to read and write, he could be thought of as the ``bad'' kid too often, and he acted out.
It would have been easy for the school to write him off without the protections that are offered under IDEA, but, luckily, he was required to participate in assessments. That accountability encouraged the school to work harder and to stick with it and to figure out why this otherwise smart student couldn't read simple words in different places on a page or demonstrate his achievement of knowledge.
If his school wasn't required to show student progress, there wouldn't have been the incentive for them to invest their time and money in helping his special needs. Without accountability, Christina's son's school would have had little incentive to set appropriate educational goals for him and offer the support necessary to reach them.
Accountability requirements inform school administrators, teachers, parents, students, and the community at large that all students have a learning goal and make sure that all students have the tools to get there.
Today, Christina's son is a college freshman majoring in biology with a 3.2 GPA. The accountability in this CRA that would be thrown out would undermine the very accountability that allowed not only Christina's son to succeed but so many other children across our country.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am seeing a lot of feigned indignation about the accountability provisions of this bill. It wasn't that long ago when we passed the Every Student Succeeds Act when Democrats and Republicans came down here and said we are giving the Secretary specific authority around accountability for preventing Secretaries from doing rogue things that both sides have perceived previous Secretaries had done, and the authorizing statute was passed by Democrats and Republicans.
Now, all of a sudden, we have Republicans coming down here gutting the very accountability provisions that they themselves lauded under the bipartisan Every Student Succeeds Act, which passed in this body overwhelmingly, as well as in the U.S. Senate.
It is a little hard to understand how Republicans are upset with the very authority around specific parameters around that authority that they specifically gave to the Secretary of Education. Again, if there are particular quibbles, there is a different Secretary of Education now. Those rules can be changed through a stakeholder process--and they may very well be--but now Republicans are seeking to tie the hands of the new Secretary of Education and throwing out all of the hard work that I got to see people in Colorado working on, and I know occurred in many other States, to come up with thoughtful, sensible accountability plans that met the legislative intent of Democrats and Republicans in this body.
Mr. Speaker, I yield such time as he may consume to the gentleman from New York (Mr. Crowley), the chair of the Democratic Caucus.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Holocaust was an unspeakable atrocity resulting in the murder of more than 6 million Jews. As a Jewish American, it is very difficult to talk about. But, of course, in my own family, I can only imagine the grief that my grandparents and great grandparents had not knowing, not hearing from their relatives in the old country. And, of course, finding out the very worst--that they had disappeared.
I know my Uncle Henry, who lives in New York with his wife, Arlene, my dad's sister, who was able to escape Vienna on a Kindertransport, one of the very last ones, as a young man, effectively growing up as an orphan in Switzerland during the war and escaping the mass slaughter that killed most of
his family targeted, of course, merely because they were Jews.
The Holocaust was a deliberate and planned act of slaughter and genocide against the Jewish people; and the fact that it was targeted against the Jewish people, resulting in over 6 million deaths, cannot be delinked from our remembrance of one of the greatest horrors of modern history.
It is especially troubling in the current environment, where we have seen an increase in anti-Semitism and racism, generally, since the election of President Trump. Just last week, the Jewish Community Center in my district in Boulder, Colorado, had to close because of a bomb threat, the families and children sent home. We have seen swastikas on New York City subways and in our schools.
Frankly, I think many Jewish Americans are fearful about what the intentions are of the occupant of the White House and his top advisers and what we can do as a country to combat this; and it is exactly the wrong message to send on Holocaust Remembrance Day, to leave out the obvious truth that continues to be denied by anti-Semitic leaders around the world, including former Presidents of Iran and Supreme Leaders of Iran and others, that the Holocaust was a deliberate effort of terror and genocide directed against the Jewish people by the Nazi regime.
Mr. Speaker, if we defeat the previous question, I will offer an amendment to the rule to bring up Mr. Crowley's resolution which would reiterate the fact that the Nazi regime targeted the Jewish people and calls on the executive branch to affirm this fact.
Mr. Speaker, I ask unanimous consent to insert the text of my amendment in the Record, along with extraneous material, immediately prior to the vote on the previous question.
Mr. Speaker, over the last few years, one complaint I have heard over and over is how inconsistent education policy has been. States have been using waivers at the discretion of the Department of Education. Finally, educators, school board members, families, hope that ESSA, the Every Student Succeeds Act, could provide more stability. Unfortunately for States, undoing the accountability CRA would only reenergize that uncertainty.
For months, States have been working on their State plans, and I have had the opportunity to join our Colorado group that has been working on that plan as required under the Every Student Succeeds Act. We have had guidance from the Department of Education since last November, and we have been writing our State plans with that in mind. Now, if this regulation is overturned, it would pull the rug out from States that have been working diligently to enact their plans.
Likewise, H.J. Res. 58, another education-related bill that would occur under this rule, would effectively unravel the Department of Education's teacher preparation regulations. In the Higher Education Act, States are required to assess the effectiveness of teacher prep programs, and this regulation simply provides guidance for how States can do that, making sure our teacher training programs work, making sure that we are improving the quality of our public educators.
This provision also requires that TEACH grant recipients attend high- performing teacher prep programs. It is not a matter of picking winners and losers; it is making sure that our taxpayer dollars are used effectively to train high-quality educators.
If money is going to be invested in future teachers at high-needs schools, we want to make sure that teachers are attending the highest quality programs available. At the end of the day, a great education starts with a great teacher in the classroom, and this requirement ensures that even the neediest students have access to a great teacher. Taken together, these two bills represent a strategic attempt by Republicans to undermine public education.
The other CRA, which is completely unrelated to the two education- related CRAs, is actually related to a land management issue. I want to describe why that is a bad idea as well.
I come from a Western State. My district that I represent is over 60 percent public lands, so this BLM plan will actually affect my district, and that is why I am so impassioned to speak here today and listen to others in my State about this rule.
A revision of this BLM plan is long overdue. Few plans or rules can remain relevant for decades, and BLM's planning was last drafted in 1983. Needing a new planning system may not sound like the most exciting thing in the world, but it is actually critical because it can impact everything from cultural to environmental resources, to jobs in the economy in our district which relate to our use of public lands. That is why I have been contacted by groups of sportsmen, county commissioners, outdoor recreation groups, and conservationists asking how Congress can be wasting their time repealing something that makes BLM's process more transparent and conclusive.
Local control and constituent input are top priorities for those of us who live in and around public land, particularly in the West, so it makes sense that many counties and groups in Colorado who have worked with BLM offices on land use are pleading with Congress not to use a CRA to repeal this commonsense rule and join their voices with ours in opposition to this rule and this bill. The kinds of groups opposed to this bill include the International Mountain Bicycling Association because they know that, even though the planning process isn't perfect and, of course, can be refined, it would be a huge mistake to throw out the whole thing and bar the BLM from making necessary modernizations moving forward, especially when the Republicans are in the driver's seat.
Hunting and fishing groups and outdoor industry businesses, like the Outdoor Industry Association, Backcountry Hunters & Anglers, and the Theodore Roosevelt Conservation Partnership, know that this planning process will give them the voice they need in the planning process without diminishing anyone else's role. I believe that those who have actually experienced and been part of the process are the voices that need to be heeded when we are determining if the planning has been a success.
Here are a few of the quotes from some counties in Western States that have been part of the process and support the new planning system. From Lewis and Clark County in Idaho:
A great example of the potential of Planning 2.0 can be
found in eastern and central Idaho, where the BLM is
preparing to engage in a land use planning process for public
lands from the big desert to the benches of the Salmon River.
At the behest of local BLM leadership, which has already been
operating under the spirit of Planning 2.0, a number of
sporting groups, conservation organizations, and Salmon
Valley stewardship have reached out to a wide-ranging
constituency of ranchers, loggers, motorized users,
sportsmen, and other groups. The benefit of this early
conversation can be very valuable to sportsmen. Take the
Donkey Hills at the headwaters of the Pahsimeroi River as an
example. There has been near unanimous agreement that the
critical elk calving area in the Donkey Hills needs
thoughtful consideration as a critical wildlife area.
From Missoula County, Montana:
Western Montana, where the Missoula BLM field offices
engaged in a land-use planning revision process for public
lands from the John Long Range to Joshua Park all the way to
the Garnet Range, through this process, BLM has piloted the
steps in Planning 2.0 to further engage the public in land
management decisions.
I include in the Record letters from both of these counties, as well as a letter from a group of outdoor industries asking for this body to oppose the CRA.
Lewis & Clark County,
Board of County Commissioners,
Helena, Montana.
Re the Bureau of Land Management's Proposed Resource
Management Planning Rules, 81 Fed. Reg. 8674 (February
25, 2016).
Neil Kornze,
Director, Bureau of Land Management,
Washington, DC.
Dear Director Kornze: The Lewis and Clark County Board of
County Commissioners offer this letter of support for
provisions of the Bureau of Land Management's (BLM's)
Proposed Resource Management Planning Rules, 81 Fed. Reg.
8674 (Feb. 25. 2016) (the Proposed Rules). We appreciate the
effort to improve opportunities for public involvement
earlier in the planning processes, including the chance to
review preliminary resource management alternatives and
preliminary rationales for those alternatives.
We value our relationship with our federal partners, and
our constituents are impacted
greatly by actions taken by your agency. Increasing access to
the planning process and targeting your efforts towards
greater public involvement enhances the relationship between
the people and their government, and we support your
initiative.
Additionally, we note that the Proposed Rules also expand
opportunities for states and local governments to have
meaningful involvement in the development of BLM's land use
decisions. The Proposed Rules continue to provide for
coordination with state and local representatives in order to
ensure, to the extent available under federal law, that RMPs
are consistent with state and local land use plans, as
provided in the Federal Land Policy and Management Act of
1976.
Sincerely.
Michael Murray,
Chairman
Susan Good Geise,
Vice Chair
Andy Hunthausen,
Member
Finally, in my home State of Colorado, a great example of stakeholders who know the new process is working is Park County, which I have the honor of representing part of. As part of revising the Eastern Colorado Resource Management Plan, the Royal Gorge Field Office in Colorado has already embraced and implemented some of the ideas for Planning 2.0, including recent envisioning sessions that involve multiple stakeholders.
I include in the Record a letter from Park County, Colorado.
County of Park,
Board of County Commissioners,
May 12, 2016.
Re the Bureau of Land Management's Proposed Resource
Management Planning Rules, 81 Fed. Reg. 8674 (February
25, 2016).
Neil Kornze,
Director, Bureau of Land Management,
Washington, DC.
Dear Director Kornze: The undersigned representatives of
local government are writing to share their support for
provisions of the Bureau of Land Management's (BLM's)
Proposed Resource Management Planning Rules, 81 Fed. Reg.
8674 (Feb. 25, 2016) (the Proposed Rules). In particular, we
support the provisions of the Proposed Rules that provide
additional opportunities for public involvement earlier in
the planning process, including the chance to review
preliminary resource management alternatives and preliminary
rationales for those alternatives.
Each of undersigned representatives come from local
jurisdictions whose land bases include substantial amounts of
public lands managed by BLM. The management of these public
lands is vitally important to the citizens we represent Our
citizens and local economies depend on these lands for
sustainable multiple uses, from outdoor recreation to
livestock grazing to mineral exploration and development.
The current BLM planning methodology lacks adequate
opportunities for public involvement, particularly early in
the process. It also lacks transparency. It often results in
a range of alternatives that fails to address the concerns of
all stakeholders. The proposed changes would provide the
public with
an opportunity to raise concerns and review potential
management alternatives before these alternatives become
solidified in a draft Resource Management Plan (RMP). This
early public involvement will hopefully help resolve
conflicts and produce RMPs that better reflect the needs of
our citizens as well as others who use the public lands and
have a stake in their future.
In addition, we note that the Proposed Rules also expand
opportunities for states and local governments to have
meaningful involvement in the development of BLM's land use
decisions. The Proposed Rules continue to provide for
coordination with state and local representatives in order to
ensure, to the extent available under federal law, that RMPs
are consistent with state and local land use plans, as
provided in the Federal Land Policy and Management Act of
1976.
Sincerely,
Mike Brazell,
Chairman, County of Park.
It reads, in part: ``The current BLM planning methodology lacks adequate opportunities for public involvement, particularly early in the process.''
This rule that the CRA would invalidate addresses some of the shortcomings in the current rule. This last point is especially important, that changes would provide the public with an opportunity to raise concerns and review potential management alternatives before those alternatives become solidified. By having an opportunity for early involvement, BLM can actually avoid expensive litigation after a plan is complete.
This legislation is not only good for transparency, public involvement, and environmental and wildlife protections, but it saves taxpayer dollars. I don't know how anyone can oppose that. The process has widespread support from those of us who live in and around public land, from people who are on the ground, including landowners, farmers, ranchers, sportsmen, and conservationists.
In a hearing in the Committee on Natural Resources, one of our witnesses was a rancher from my home State of Colorado, who eloquently spoke about how the old system was not working and how this desperately needed new system had worked well in its limited implementation.
BLM Planning 2.0 is working, and a CRA that will never allow the BLM to modernize its process, the process that has been locked in place since 1983, is simply thoughtless legislating for cheap political points.
Mr. Speaker, the resolutions before us today represent everything that is wrong with Washington. When our constituents sent us here to Washington, D.C., they weren't asking us to engage in partisan bickering and using brutal techniques to undo thoughtful, nuanced regulation. If Members of this body have problems with rules that have been promulgated, change the authorizing statutes; don't simply prevent the agencies from enacting the very things that this body has told them to do. It doesn't make sense.
We have not engaged in regular order. We have avoided a thoughtful, deliberative process, and, unfortunately, the resolutions before us are yet another example of that. These resolutions undermine the basic responsibility of the Department of Education and the Bureau of Land Management. They are a shortsighted strategy for governing that will have long-term negative consequences for our public lands and our use thereof, as well as for children in our schools and educators.
We should fix accountability and make it work in education rather than throw it out. We should make sure that our teacher training programs and those whom we support with your taxpayer money are the best possible teacher training programs; and, of course, we should have a multistakeholder process around use of our public lands, including recreationists, residents, county commissioners, and others.
For that reason, I strongly oppose the rules before us. I urge my colleagues to vote ``no.'' I also urge my colleagues to defeat the previous question so we can bring up Mr. Crowley's bill, which I think is a bill that would receive, hopefully, unanimous support in this body with regard to the remembrances of the Jewish victims of the Holocaust.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, I demand a recorded vote.