[Congressional Record Volume 161, Number 178 (Wednesday, December 9, 2015)]
[Extensions of Remarks]
[Page E1745]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           CONFERENCE REPORT ON S. 1177, STUDENT SUCCESS ACT

                                 ______
                                 

                               speech of

                     HON. ROBERT C. ``BOBBY'' SCOTT

                              of virginia

                    in the house of representatives

                      Wednesday, December 2, 2015

  Mr. SCOTT of Virginia. Mr. Speaker, as I've stated before, this 
conference report is not the bill I would have written on my own. It is 
a product of compromise, but a product that did not require either side 
to compromise on our core beliefs. A core belief of mine--and a core 
belief of my caucus--is that Congress deems authority to the executive 
branch to interpret, implement, and enforce federal law. That is the 
foundational tenet of administrative law.
  Although some provisions included in the conference report seek to 
limit the regulatory power of the Department of Education, nothing in 
this conference report will inhibit or impede the Secretary's 
authority--as granted by the Constitution--to interpret, implement, and 
enforce compliance with the Federal law, including the Secretary's 
authority to promulgate regulations that clarify and interpret vague 
statutory terms. Those provisions were carefully negotiated between the 
Chair and me.
  The Every Student Succeeds Act provides states with new flexibility 
to design systems that hold schools accountable for improving student 
outcomes, but the Federal government is ultimately responsible for 
protecting the civil rights of all students. To fulfill that 
responsibility, the Secretary of Education will maintain regulatory, 
oversight, and enforcement authority sufficient to fully implement this 
new law.

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