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Consider Teachers Act (Cong. Rec., Dec. 16, 2020)

Summary

Page S7557 of the Senate section of the Congressional Record for December 16, 2020, with the heading Consider Teachers Act, in interleaved columns. Mr. Moran asks unanimous consent that the Committee on Health, Education, Labor, and Pensions be discharged from further consideration of the bill. A resolution and its preamble are agreed to, and the page prints text requiring a Secret Service report on overtime pay and recruitment, rules on a recipient asking the Secretary to reconsider a grant converted into a loan, and amendments on agency financial integrity duties under title 31.

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“Consider Teachers Act (Cong. Rec., Dec. 16, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-12-16-crec-2020-12-16-pt1-pgs7557-2-992baab980/, SHA-256 9f4318d46c639f77f62d0e21a0424b74c2fce54323eecc68b0ed25b56c7a3953.

Full text

                                                 December 16, 2020                                 CONGRESSIONAL RECORD — SENATE                                                                     S7557
                                                 2022, and 2023, the Director of the United                The preamble was agreed to.                            ‘‘(A) REQUEST TO RECONSIDER.—In any case
                                                 States Secret Service shall submit to the ap-             (The resolution, with its preamble, is               where the Secretary has determined that a
                                                 propriate committees of Congress a report on            printed in today’s RECORD under ‘‘Sub-                 recipient of a grant under this subpart has
                                                 the effects of the amendments made by sub-                                                                     failed or refused to comply with the service
                                                                                                         mitted Resolutions.’’)
                                                 section (a) and the amendments made by sec-                                                                    obligation in the agreement under sub-
                                                 tion 2(a) of the Secret Service Overtime Pay                              f                                    section (b) and has converted the grant into
                                                 Extension Act (Public Law 115–383; 132 Stat.                 CONSIDER TEACHERS ACT                             a Federal Direct Unsubsidized Stafford Loan
                                                 5121), which shall include, with respect to the                                                                under part D in accordance with paragraph
                                                 previous calendar year, the information de-               Mr. MORAN. Mr. President, I ask                      (1), the recipient may request that the Sec-
                                                 scribed under paragraphs (1) through (7) of             unanimous consent that the Com-                        retary reconsider such initial determination
                                                 section 2(c) of the Secret Service Recruit-             mittee on Health, Education, Labor,                    and may submit additional information to
                                                 ment and Retention Act of 2018 (Public Law              and Pensions be discharged from fur-                   demonstrate satisfaction of the service obli-
                                                 115–160; 132 Stat. 1246).                               ther consideration of S. 1387 and Sen-                 gation. Upon receipt of such a request, the
                                                   (3) OPEN RECOMMENDATIONS.—Not later                                                                          Secretary shall reconsider the determination
                                                                                                         ate proceed to its immediate consider-
                                                 than 60 days after the date of enactment of                                                                    in accordance with this paragraph not later
                                                                                                         ation.                                                 than 90 days after the date that such request
                                                 this Act, the Director of the United States
                                                                                                           The PRESIDING OFFICER. The                           was received.
                                                 Secret Service shall submit to the appro-
                                                 priate committees of Congress a report dis-             clerk will report the bill by title.                     ‘‘(B) RECONSIDERATION.—If, in reconsid-
                                                 cussing the progress of the United States Se-             The bill clerk read as follows:                      ering an initial determination under sub-
                                                 cret Service in implementing each rec-                    A bill (S. 1387) to amend the Higher Edu-            paragraph (A), the Secretary determines
                                                 ommendation of the Government Account-                  cation Act of 1965 in order to improve the             that the reason for such determination was
                                                 ability Office to the United States Secret              service obligation verification process for            the recipient’s failure to timely submit a
                                                 Service that has not been designated as                 TEACH Grant recipients, and for other pur-             certification required under subsection
                                                 closed by the Comptroller General of the                poses.                                                 (b)(1)(D) (as in effect on the day before the
                                                 United States.                                                                                                 date of enactment of the Consider Teachers
                                                                                                           There being no objection, the com-
                                                   (4) PROTECTIVE MISSION PANEL.—Not later                                                                      Act), an error or processing delay by the Sec-
                                                                                                         mittee was discharged, and the Senate                  retary, a change to the fields considered eli-
                                                 than 1 year after the date of enactment of              proceeded to consider the bill.
                                                 this Act, the Comptroller General of the                                                                       gible for fulfillment of the service obligation
                                                                                                           Mr. MORAN. I ask unanimous con-                      (as described in subsection (b)(1)(C)), a re-
                                                 United States shall submit to the appro-
                                                 priate committees of Congress a report on               sent that the Braun amendment at the                   cipient having previously requested to have
                                                 the extent of the progress made by the                  desk be agreed to and the bill, as                     the TEACH Grant converted to a loan, or an-
                                                 United States Secret Service in imple-                  amended, be considered read a third                    other valid reason determined by the Sec-
                                                 menting the recommendations of the United               time.                                                  retary, and that the recipient has, as of the
                                                 States Secret Service Protective Mission                  The PRESIDING OFFICER. Without                       date of the reconsideration, demonstrated
                                                 Panel, including in particular those items                                                                     that the recipient did meet, or is meeting
                                                                                                         objection, it is so ordered.                           the service obligation in the agreement
                                                 pertaining to training and personnel enumer-              The amendment (No. 2710) was agreed                  under subsection (b), the Secretary shall—
                                                 ated in the Executive Summary to Report                 to.                                                      ‘‘(i) discharge the Federal Direct Unsub-
                                                 from the United States Secret Service Pro-                (The amendment is printed in today’s                 sidized Stafford Loan under part D, and rein-
                                                 tective Mission Panel to the Secretary of
                                                                                                         RECORD under ‘‘Text of Amendments.’’)                  state the recipient’s grant under this sub-
                                                 Homeland Security dated December 15, 2014.
                                                   (c) REPEAL OF SUPERSEDED REPORTING RE-                  The bill was ordered to be engrossed                 part;
                                                 QUIREMENT.—Section 2(b) of the Secret Serv-             for a third reading and was read the                     ‘‘(ii) discharge any interest or fees that
                                                 ice Overtime Pay Extension Act (Public Law              third time.                                            may have accumulated during the period
                                                                                                           Mr. MORAN. I know of no further de-                  that the grant was converted to a Federal
                                                 115–383; 132 Stat. 5121) is repealed.
                                                                                                                                                                Direct Unsubsidized Stafford Loan under
                                                                 f                                       bate on the bill.                                      part D;
                                                                                                           The PRESIDING OFFICER. Is there                        ‘‘(iii) if the recipient has other loans under
                                                 U.S. SENATOR MARGARET CHASE                             further debate on the bill?                            part D, apply any payments made for the
                                                   SMITH ROOM AND U.S. SENATOR                             Hearing none, the bill having been                   Federal Direct Unsubsidized Stafford Loan
                                                   BARBARA A. MIKULSKI ROOM                              read the third time, the question is,                  under part D during such period to those
                                                   Mr. MORAN. Mr. President, I ask                       Shall the bill pass?                                   other loans under part D;
                                                 unanimous consent that the Senate                         The bill (S. 1387), as amended, was                    ‘‘(iv) if the recipient does not have other
                                                 proceed to the consideration of S. Res.                 passed as follows:                                     loans under part D, reimburse the recipient
                                                                                                                                                                for any amounts paid on the Federal Direct
                                                 803, submitted earlier today.                                                S. 1387
                                                                                                                                                                Unsubsidized Stafford Loan under part D
                                                   The PRESIDING OFFICER. Without                          Be it enacted by the Senate and House of Rep-        during such period;
                                                 objection, it is so ordered.                            resentatives of the United States of America in          ‘‘(v) request that consumer reporting agen-
                                                   The clerk will report the resolution                  Congress assembled,                                    cies remove any negative credit reporting
                                                 by title.                                               SECTION 1. SHORT TITLE.                                due to the conversion of the TEACH Grant to
                                                   The bill clerk read as follows:                        This Act may be cited as the ‘‘Consider               a loan; and
                                                   A resolution (S. Res. 803) designating room           Teachers Act’’.                                          ‘‘(vi) use the additional information pro-
                                                 S–124 of the United States Capitol as the               SEC. 2. TEACH GRANTS.                                  vided under subparagraph (A) to determine
                                                 ‘‘U.S. Senator Margaret Chase Smith Room’’                 Section 420N of the Higher Education Act            the progress the recipient has made in meet-
                                                 and designating room S–115 of the United                of 1965 (20 U.S.C. 1070g–2) is amended—                ing the service obligation.
                                                 States Capitol as the ‘‘U.S. Senator Barbara               (1) in subsection (b)(1)—                             ‘‘(C) EXTENSION OF TIME TO COMPLETE SERV-
                                                 A. Mikulski Room’’, in recognition of their                (A) in subparagraph (A), by inserting ‘‘(re-        ICE OBLIGATION.—In the case of a recipient
                                                 service to the Senate and the people of the             ferred to in this section as the ‘service obli-        whose TEACH Grant was reinstated in ac-
                                                 United States.                                          gation window’)’’ after ‘‘under this subpart’’;        cordance with subparagraph (B), the Sec-
                                                   There being no objection, the Senate                     (B) in subparagraph (C)(vii), by inserting          retary shall, upon such reinstatement—
                                                                                                         ‘‘or geographic area’’ after ‘‘field’’; and              ‘‘(i) extend the time remaining for the re-
                                                 proceeded to consider the resolution.
                                                                                                            (C) by striking subparagraphs (D) and (E)           cipient to fulfill the service obligation de-
                                                   Mr. MORAN. Mr. President, I know                      and inserting the following:                           scribed in subsection (b)(1) to a period of
                                                 of no further debate on the measure.                       ‘‘(D) submit a certification of employment          time equal to—
                                                   The PRESIDING OFFICER. Is there                       by the chief administrative officer of the               ‘‘(I) 8 years; minus
                                                 further debate?                                         school in accordance with subsection (d)(5);             ‘‘(II) the number of full academic years of
                                                   Hearing none, the question is on                      and                                                    teaching that the recipient completed prior
                                                 adoption of the resolution.                                ‘‘(E) meet all State certification require-         to the reconversion of the loan to a TEACH
                                                   The resolution (S. Res. 803) was                      ments for teaching (which may include                  Grant under subparagraph (B), including any
                                                 agreed to.                                              meeting such requirements through a certifi-           years of qualifying teaching completed dur-
                                                                                                         cation obtained through alternative routes             ing the period when the TEACH Grant was in




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                                                   Mr. MORAN. Mr. President, I ask
                                                 unanimous consent that the preamble                     to teaching);’’;                                       loan status; and
                                                                                                            (2) in subsection (c)—                                ‘‘(ii) treat any full academic years of
                                                 be agreed to and the motion to recon-
                                                                                                            (A) by striking ‘‘In the event’’ and insert-        teaching described in clause (i)(II) as years
                                                 sider be considered made and laid upon                  ing the following:                                     that count toward the individual’s service
                                                 the table with no intervening action or                    ‘‘(1) IN GENERAL.—In the event’’; and               obligation (regardless of whether the TEACH
                                                 debate.                                                    (B) by adding at the end the following:             Grant funds were in grant or loan status) if
                                                   The PRESIDING OFFICER. Without                           ‘‘(2) RECONSIDERATION OF CONVERSION DECI-           that time otherwise meets the requirements
                                                 objection, it is so ordered.                            SIONS.—                                                of this section.’’; and




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                                                 S7558                                             CONGRESSIONAL RECORD — SENATE                                                      December 16, 2020
                                                   (3) in subsection (d), by adding at the end           gency period, as determined by the Secretary           nancial Officer to oversee and provide leader-
                                                 the following:                                          in consultation with the Secretary of                  ship in the areas of budget formulation and exe-
                                                   ‘‘(3) COMMUNICATION WITH RECIPIENTS.—The              Labor.’’.                                              cution, planning and performance, risk manage-
                                                 Secretary shall notify TEACH grant recipi-                 (b) Section 3519 of the CARES Act (Public           ment, internal controls, financial systems, ac-
                                                 ents not less than once per calendar year re-           Law 116–136; 20 U.S.C. 1001 note) is amended           counting, and other areas as the Director of the
                                                 garding how to submit the employment cer-               by adding at the end the following:                    Office of Management and Budget may des-
                                                 tification under subsection (b)(1)(D) and the              ‘‘(c) FEDERAL PERKINS LOANS.—Notwith-               ignate. In carrying out the preceding sentence,
                                                 recommendations and requirements for sub-               standing section 465 of the Higher Education           each’’;
                                                 mitting that certification under subsection             Act of 1965 (20 U.S.C. 1087ee), the Secretary             (B) in paragraph (3)—
                                                 (d)(5).                                                 shall waive the requirements of such section              (i) in subparagraph (C), by inserting ‘‘areas
                                                   ‘‘(4) QUALIFYING SCHOOLS AND HIGH-NEED                in regard to full-time service and shall con-          and’’ before ‘‘systems’’; and
                                                 FIELDS.—The Secretary shall maintain and                sider an incomplete year of service of a bor-             (ii) in subparagraph (D)—
                                                 annually update a list of qualifying schools            rower as fulfilling the requirement for a                 (I) in clause (iii), by striking ‘‘and’’ at the
                                                 as described in subsection (b)(1)(B), and a list        complete year of service under such section,           end;
                                                 of high-need fields as described in subsection          if the service was interrupted due to a quali-            (II) in clause (iv), by striking ‘‘performance;’’
                                                 (b)(1)(C) and shall make such lists publicly            fying emergency.’’.                                    and inserting ‘‘performance and integration of
                                                 available on the Department’s website in a                 (c) EFFECTIVE DATE.—The amendments                  performance and cost information; and’’; and
                                                 sortable and searchable format.’’.                      made by this section shall take effect as if              (III) by adding at the end the following:
                                                 SEC. 3. SUBMISSION OF EMPLOYMENT CERTIFI-               included in the enactment of the CARES Act                ‘‘(v) annual agency financial statements pre-
                                                            CATION.                                      (Public Law 116–136).                                  pared in accordance with United States gen-
                                                   Section 420N(d) of the Higher Education               SEC. 5. IMPLEMENTATION.                                erally accepted accounting principles;’’.
                                                 Act of 1965 (20 U.S.C. 1070g–2(d)), as amended                                                                    (C) by redesignating paragraph (8) as para-
                                                 by section 2, is further amended by adding at             In carrying out this Act and any amend-
                                                                                                                                                                graph (10);
                                                 the end the following:                                  ments made by this Act, or any regulations
                                                                                                                                                                   (D) by redesignating paragraphs (5) through
                                                   ‘‘(5) SUBMISSION OF EMPLOYMENT CERTIFI-               promulgated under this Act or under such
                                                                                                                                                                (7) as paragraphs (6) through (8), respectively;
                                                 CATION.—                                                amendments, the Secretary of Education
                                                                                                                                                                   (E) by inserting after paragraph (4) the fol-
                                                   ‘‘(A) RECOMMENDED SUBMISSIONS.—The Sec-               may waive the application of—
                                                                                                                                                                lowing:
                                                 retary shall notify TEACH Grant recipients                (1) subchapter I of chapter 35 of title 44,
                                                                                                                                                                   ‘‘(5) prepare, in consultation with financial
                                                 that the Department recommends that                     United States Code (commonly known as the
                                                                                                                                                                management and other appropriate experts, an
                                                 TEACH Grant recipients submit the employ-               ‘‘Paperwork Reduction Act’’);
                                                                                                                                                                agency plan to implement the 4-year financial
                                                 ment certification described in subsection                (2) the master calendar requirements under
                                                                                                                                                                management plan prepared by the Director of
                                                 (b)(1)(D) as soon as practicable after the              section 482 of the Higher Education Act of
                                                                                                                                                                the Office of Management and Budget under
                                                 completion of each year of service.                     1965 (20 U.S.C. 1089);
                                                                                                                                                                section 3512(a)(2) of this title and to achieve and
                                                   ‘‘(B) REQUIRED SUBMISSION.—A TEACH                      (3) negotiated rulemaking under section
                                                                                                                                                                sustain effective financial management in the
                                                 Grant recipient shall be required to submit             492 of the Higher Education Act of 1965 (20
                                                                                                                                                                agency, which shall—
                                                 to the Department employment certification              U.S.C. 1098a); and
                                                                                                                                                                   ‘‘(A) be completed within 90 days of the
                                                 within the timeframe that would allow that                (4) the requirement to publish the notices
                                                                                                                                                                issuance of a governmentwide plan under sec-
                                                 individual to complete their service obliga-            related to the system of records of the agen-
                                                                                                                                                                tion 3512(a)(2) of this title;
                                                 tion before the end of the service obligation           cy before implementation required under                   ‘‘(B) be revised as determined necessary by the
                                                 window.                                                 paragraphs (4) and (11) of section 552a(e) of          Chief Financial Officer;
                                                   ‘‘(C) NOTIFICATION.—The Secretary shall               title 5, United States Code (commonly                     ‘‘(C) include performance-based financial
                                                 notify TEACH Grant recipients of the re-                known as the ‘‘Privacy Act of 1974’’), except          management metrics against which the financial
                                                 quired submission deadlines described in this           that the notices shall be published not later          management performance of the agency shall be
                                                 paragraph.                                              than 180 days after the date of enactment of           assessed; and
                                                   ‘‘(D) ADJUSTMENT OF DEADLINE.—The Sec-                this Act.                                                 ‘‘(D) be submitted upon completion or revision
                                                 retary shall adjust the submission deadline               Mr. MORAN. Mr. President, I ask                      to the head of the agency, the Director of the
                                                 described in subparagraph (B) to account for            unanimous consent that the motion to                   Office of Management and Budget, the Comp-
                                                 a service obligation window extension.                                                                         troller General, and appropriate committees of
                                                                                                         reconsider be considered made and laid
                                                   ‘‘(E) ALTERNATIVE TO CERTIFICATION.—The                                                                      Congress, and be made publicly available;’’;
                                                 Secretary shall provide an alternative to the           upon the table.
                                                                                                                                                                   (F) in paragraph (6), as so redesignated—
                                                 certification of employment described in                  The PRESIDING OFFICER. Without                          (i) by striking subparagraph (A);
                                                 subsection (b)(1)(D) for recipients who can-            objection, it is so ordered.                              (ii) by redesignating subparagraphs (B)
                                                 not obtain such required certification of em-                             f                                    through (E) as subparagraphs (A) through (D),
                                                 ployment from the chief administrative offi-                                                                   respectively; and
                                                 cer of the school because the recipient can                   CFO VISION ACT OF 2020                              (iii) in subparagraph (C), as so redesignated,
                                                 demonstrate the school is no longer in exist-                                                                  by adding ‘‘and’’ at the end;
                                                                                                           Mr. MORAN. Mr. President, I ask
                                                 ence or the school refuses to cooperate.’’.                                                                       (G) in paragraph (7), as so redesignated—
                                                 SEC. 4. EXTENSION OF TIME TO FULFILL SERV-
                                                                                                         unanimous consent that the Senate                         (i) in the matter preceding subparagraph (A),
                                                            ICE OBLIGATION DUE TO COVID–19.              proceed to the immediate consider-                     by striking ‘‘and the Director of the Office of
                                                   (a) Section 3519(a) of the CARES Act (Pub-            ation of Calendar No. 572, S. 3287.                    Management and Budget,’’ and inserting ‘‘, the
                                                 lic Law 116–136; 20 U.S.C. 1001 note) is amend-           The PRESIDING OFFICER. The                           Director of the Office of Management and
                                                 ed—                                                     clerk will report the bill by title.                   Budget, the Comptroller General, and appro-
                                                   (1) in the matter preceding paragraph (1),              The legislative clerk read as follows:               priate committees of Congress, which shall be
                                                 by striking ‘‘For the purpose of section 420N                                                                  made publicly available and’’;
                                                 of the Higher Education Act of 1965 (20 U.S.C.            A bill (S. 3287) to modify the government-
                                                                                                         wide financial management plan, and for                   (ii) in subparagraph (A), by striking ‘‘agen-
                                                 1070g–2), during a qualifying emergency,’’                                                                     cy;’’ and inserting ‘‘agency, including—
                                                 and inserting ‘‘Notwithstanding any provi-              other purposes.
                                                                                                                                                                   ‘‘(i) the progress of the agency in imple-
                                                 sion of subpart 9 of part A of title IV of the            There being no objection, the Senate                 menting the agency plan described in paragraph
                                                 Higher Education Act of 1965 (20 U.S.C. 1070g           proceeded to consider the bill, which                  (5);
                                                 et seq.),’’;                                            had been reported from the Committee                      ‘‘(ii) the progress of the agency in imple-
                                                   (2) in paragraph (1), by striking ‘‘and’’             on Homeland Security and Govern-                       menting the governmentwide 4-year financial
                                                 after the semicolon;                                                                                           management plan prepared by the Director of
                                                                                                         mental Affairs, with an amendment to
                                                   (3) in paragraph (2), by striking ‘‘such sec-                                                                the Office of Management and Budget under
                                                 tion 420N.’’ and inserting ‘‘section 420N of            strike all after the enacting clause and
                                                                                                                                                                section 3512(a)(2) of this title; and
                                                 such Act; and’’; and                                    insert in lieu thereof the following:                     ‘‘(iii) the performance of the agency against
                                                   (4) by adding at the end the following:               SECTION 1. SHORT TITLE.                                financial management metrics established by the
                                                   ‘‘(3) shall extend the service obligation               This Act may be cited as the ‘‘CFO Vision Act        Director of the Office of Management and
                                                 window (as described in section 420N(b)(1)(A)           of 2020’’.                                             Budget;’’; and
                                                 of such Act) for a period of not more than 3            SEC. 2. CHIEF FINANCIAL OFFICERS; GOVERN-                 (iii) in subparagraph (D)—
                                                 years, in addition to any extensions provided




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                                                                                                                    MENTWIDE   FINANCIAL   MANAGE-                 (I) by striking ‘‘of the reports’’ and inserting
                                                 in accordance with subpart 9 of part A of                          MENT PLAN.                                  ‘‘of—
                                                 title IV of the Higher Education Act of 1965              (a) CHIEF FINANCIAL OFFICER AND DEPUTY                  ‘‘(i) the reports’’;
                                                 (20 U.S.C. 1070g et seq.), in the case of a grant       CHIEF FINANCIAL OFFICER.—Chapter 9 of title               (II) in clause (i), as so designated, by striking
                                                 recipient whose service obligation window               31, United States Code, is amended—                    ‘‘the amendments made by the Federal Man-
                                                 begins during, or includes—                               (1) in section 902(a)—                               agers’ Financial Integrity Act of 1987 (Public
                                                   ‘‘(A) the qualifying emergency period; or               (A) in the matter preceding paragraph (1), by        law 97–255); and’’ and inserting ‘‘section 3512(d)
                                                   ‘‘(B) a period of recession or economic               striking ‘‘An’’ and inserting ‘‘It shall be the        of this title;’’; and
                                                 downturn related to the qualifying emer-                duty and responsibility of each agency Chief Fi-          (III) by adding at the end the following:




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