Brady

IN THE SENATE OF THE UNITED STATES

 

Mr. Kaplan (for himself, with thanks to Mr. Garcia, Mr. Grothman, Mr. Murphy, and Mr. Van Drew) introduced the following bill

 

A BILL

 

To improve school safety by expanding children and family mental health services, requiring State educational agencies to hire and train school resource officers, prioritizing the hiring and training of veterans and retired law enforcement officers as school resource officers, providing grants to make physical school safety improvements, providing statutory authority for a federal clearinghouse of school safety resources, and for other purposes.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Ensuring Safer Schools Act of 2022”.

 

TITLE I—EXPANSION OF CHILDREN AND FAMILY MENTAL HEALTH SERVICES

 

SEC. 101. EXPANSION OF COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION PROGRAM.
Section 223 of the Protecting Access to Medicare Act of 2014 (42 U.S.C. 1396a note) is amended—

(1) in subsection (c), by adding at the end the following new paragraph:

“(3) ADDITIONAL PLANNING GRANTS FOR STATES.—In addition to the planning grants awarded under paragraph (1), as soon as practicable after the date of enactment of this paragraph, the Secretary shall award planning grants to States (other than States selected to conduct demonstration programs under paragraph (1) or (8) of subsection (d)) to develop proposals to participate in time-limited demonstration programs described in subsection (d) so that, beginning July 1, 2024, and every 2 years thereafter, up to 10 additional States may participate in the demonstration programs described in subsection (d) in accordance with paragraph (9) of that subsection.”;

(2) in subsection (d)—

(A) in paragraph (3)—

(i) by striking “September 30, 2023” and inserting “September 30, 2025”; and

(ii) by striking “Subject to paragraph (8)” and inserting “Subject to paragraphs (8) and (9)”;

(B) in paragraph (5)—

(i) in subparagraph (B), in the matter preceding clause (i), by striking “that is furnished” and inserting “that is furnished by a State participating in an ongoing demonstration program under this subsection”;

(ii) in subparagraph (C)(iii)—

(I) in subclause (I), by striking “September 30, 2023; and” and inserting “September 30, 2025;”;

(II) in subclause (II), by striking “under paragraph (8)” and all that follows through the period and inserting “under paragraph (8), during the first 24 fiscal quarter period (or any portion of such period) that the State participates in the demonstration program; and”; and

(III) by adding at the end the following new subclause:

“(III) in the case of a State selected to participate in the demonstration program under paragraph (9), during the first 16 fiscal quarter period (or any portion of such period) that the State participates in the demonstration program.”; and

(iii) by adding at the end the following:

“(D) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as prohibiting a State that participated in a demonstration program under this subsection that has ended from receiving Federal financial participation under title XIX of the Social Security Act for amounts expended by the State under a State plan under such title (or a waiver of such plan) for providing medical assistance for items and services, and carrying out activities, including continuing to pay for services under the prospective payment system established under subsection (c), that were provided or carried out by the State under the demonstration program, to the extent such financial participation is otherwise available under such title.”;

(C) in paragraph (7)—

(i) in subparagraph (A), by inserting “through the year in which the last demonstration under this section ends” after “annually thereafter”;

(ii) in subparagraph (B)—

(I) by striking “December 31, 2021” and inserting “September 30, 2025”; and

(II) by adding at the end the following new sentence: “Such recommendations shall include data collected after 2019, where feasible.”; and

(iii) by adding at the end the following new subparagraph:

“(C) FINAL EVALUATION.—Not later than 24 months after all demonstration programs under this section have ended, the Secretary shall submit to Congress a final evaluation of such programs.”;

(D) in paragraph (8)(A), by striking “2 years” and all that follows through the period and inserting “6 years.”; and

(E) by adding at the end the following new paragraph:

“(9) FURTHER ADDITIONAL PROGRAMS.—

“(A) IN GENERAL.—In addition to the States selected under paragraphs (1) and (8), the Secretary shall select any State that meets the requirements described in subparagraph (B) to conduct a demonstration program that meets the requirements of this subsection for 4 years.

“(B) REQUIREMENTS.—The requirements described in this subparagraph with respect to a State are that the State—

“(i) was awarded a planning grant under paragraph (1) or (3) of subsection (c); and

“(ii) submits an application (in addition to any application that the State may have previously submitted under this section) that includes the information described in paragraph (2)(B).

“(C) REQUIREMENTS FOR SELECTED STATES.—The requirements applicable to States selected under paragraph (8) pursuant to subparagraph (C) of such paragraph shall apply in the same manner to States selected under this paragraph.

“(D) LIMITATION.—The Secretary shall not select more than 10 States to conduct a demonstration program under this paragraph for each 2 fiscal year period.”; and

(3) in subsection (f)(1)—

(A) in subparagraph (A), by striking “and” after the semicolon;

(B) in subparagraph (B), by striking the period and inserting “; and”; and

(C) by adding at the end the following:

“(C) for purposes of awarding planning grants under subsection (c)(3), providing technical assistance to States applying for grants under such subsection, and carrying out demonstration programs under subsection (d), $40,000,000 for fiscal year 2023, to remain available until expended.”.

SEC. 102. MEDICAID AND TELEHEALTH.
(a) Guidance To States On Furnishing Services Through Telehealth Under Medicaid And CHIP.—Not later than 18 months after the date of enactment of this Act, the Secretary shall provide technical assistance and issue guidance to States on improving access to telehealth for services covered under Medicaid and CHIP, including with respect to:

(1) How States can adopt flexibilities under Medicaid and CHIP to expand access to covered services via telehealth, including when States may adopt such flexibilities without the need for approval of a State plan amendment or waiver.

(2) Best practices regarding billing for services, including recommended voluntary billing codes, modifiers, and place of service designations and how such billing codes, modifiers, and designations can be used to create consistent data sets.

(3) Strategies for integrating telehealth services into value-based care models.

(4) Best practices from States that have used Medicaid waivers and other Medicaid authorities to expand access to telehealth, including during the COVID–19 public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus”, including any renewal of such declaration.

(5) Strategies to promote the delivery of accessible and culturally competent care via telehealth, including addressing the needs of individuals with disabilities, medically underserved urban and rural communities, racial and ethnic minorities such as American Indians and Alaska Natives, individuals with limited English proficiency, and individuals of different age groups including children, young adults, and seniors;

(6) Strategies for training and providing resources to providers and patients on the use of telehealth, including working with interpreters to furnish health services and providing resources in multiple languages.

(7) Integrating the use of existing video platforms that enable multi-person video calls.

(8) Best practices to support the delivery of covered services under Medicaid and CHIP via telehealth in schools, including specifically for the provision of mental health and substance use disorder services in such settings.

(9) Strategies for evaluating how the delivery of health services via telehealth affects quality, outcomes, and cost under Medicaid and CHIP.

(10) Best practices for conveying information to beneficiaries regarding the availability of telehealth as an option to receive services covered under Medicaid and CHIP, including the availability of audio-only telehealth, the ability to receive such services from a patient’s home, and requirements related to in-person visits.

 

(b) Definitions.—In this section:

(1) CHIP.—The term “CHIP” means the State children's health insurance program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).

(2) MEDICAID.—The term “Medicaid” means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

(3) SECRETARY.—Except as otherwise provided, the term “Secretary” means the Secretary of Health and Human Services.

(4) STATE.—The term “State” has the meaning given that term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such Act.

SEC. 103. SUPPORTING ACCESS TO HEALTH CARE SERVICES IN SCHOOLS.
(a) Guidance And Technical Assistance.—

(1) GUIDANCE.—

(A) IN GENERAL.—Not later than 12 months after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Education, shall issue guidance to State Medicaid agencies, local educational agencies, and school-based entities to support the delivery of medical assistance to Medicaid and CHIP beneficiaries in school-based settings.

(B) REQUIRED INFORMATION.—The guidance issued pursuant to subparagraph (A) shall—

(i) include updates to the May 2003 Medicaid School-Based Administrative Claiming Guide, the 1997 Medicaid and Schools Technical Assistance Guide, and other relevant guidance in effect on the date of enactment of this Act;

(ii) clarify that payments may be made to school-based entities under Medicaid for delivering assistance under Medicaid, including any such assistance provided in accordance with an individualized education program or under the policy described in the State Medicaid Director letter on payment for services issued on December 15, 2014 (#14-006);

(iii) outline strategies and tools to reduce administrative burdens on, and simplify billing for, local educational agencies, in particular small and rural local educational agencies, and support compliance with Federal requirements regarding billing, payment, and recordkeeping, including by aligning direct service billing and school-based administrative claiming payment systems;

(iv) include a comprehensive list of best practices and examples of approved methods that State Medicaid agencies and local educational agencies have used to pay for, and increase the availability of, assistance under Medicaid, including expanding State programs to include all Medicaid-enrolled students, providing early and periodic screening, diagnostic, and treatment (EPSDT) services in schools, utilizing telehealth, coordinating with community-based mental health and substance use disorder treatment providers and organizations, coordinating with managed care entities, and supporting the provision of culturally competent and trauma-informed care in school settings; and

(v) provide examples of the types of providers (which may include qualified school health personnel) that States may choose to enroll, deem, or otherwise treat as participating providers for purposes of school-based programs under Medicaid and best practices related to helping such providers enroll in Medicaid for purposes of participating in school-based programs under Medicaid.

(2) TECHNICAL ASSISTANCE CENTER.—

(A) IN GENERAL.—Not later than 12 months after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Education, shall establish a technical assistance center to—

(i) assist and expand the capacity of State Medicaid agencies and local educational agencies and school-based entities to provide assistance under Medicaid;

(ii) reduce administrative burdens for such agencies and health centers or entities;

(iii) support State educational agencies, local educational agencies, and school-based entities in obtaining payment for the provision of assistance under Medicaid;

(iv) ensure ongoing coordination and collaboration between the Department of Health and Human Services and the Department of Education with respect to the provision of, and payment for, assistance under Medicaid by local educational agencies; and

(v) provide information to State and local educational agencies and States on how to utilize funding from the Department of Health and Human Services, the Department of Education, and other Federal agencies to ensure payment under Medicaid for assistance provided in school-based settings.

(B) SMALL AND RURAL SCHOOLS.—The Secretary shall ensure that the technical assistance center includes resources which are specifically designed to help support small and rural local educational agencies in obtaining payment for the provision of assistance under Medicaid.

(C) REPORTING.—The technical assistance center shall, on a biennial basis, submit to the Secretary a report on the work of the center that identifies the areas where the most assistance was requested.

(3) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this subsection, $8,000,000, for fiscal year 2022, to remain available until expended.

 

(b) Grants.—There is authorized to be appropriated $50,000,000 for fiscal year 2022 for the Secretary to award grants to States for the purpose of implementing, enhancing, or expanding the provision of assistance through school-based entities under Medicaid or CHIP. A State shall not use any grant funds to provide medical assistance, child health assistance, or other health services.

 

(c) Definitions.—For purposes of this section:

(1) CHIP.—The term “CHIP” means the State children's health insurance program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.).

(2) INDIVIDUALIZED EDUCATION PROGRAM.—The term “individualized education program” has the meaning given such term in section 602(14) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(14)).

(3) MEDICAID.—The term “Medicaid” means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

(4) SCHOOL-BASED ENTITY.—The term “school-based entity” means—

(A) a school-based health center, as that term is defined in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9)); and

(B) an entity that provides medical assistance in a school-based setting for which Federal financial participation is allowed under Medicaid.

(5) SECRETARY.—Except as otherwise provided, the term “Secretary” means the Secretary of Health and Human Services.

(6) STATE.—The term “State” has the meaning given that term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such Act.

(7) STATE EDUCATIONAL AGENCY; LOCAL EDUCATIONAL AGENCY.—The terms “State educational agency” and “local educational agency” have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 104. REVIEW OF STATE IMPLEMENTATION OF EARLY AND PERIODIC SCREENING, DIAGNOSTIC, AND TREATMENT SERVICES.
(a) Review.—

(1) IN GENERAL.—Not later than 24 months after the date of enactment of Act, and every 5 years thereafter, the Secretary shall—

(A) review State implementation of the requirements for providing early and periodic screening, diagnostic, and treatment services under Medicaid in accordance with sections 1902(a)(43), 1905(a)(4)(B), and 1905(r) of the Social Security Act (42 U.S.C. 1396a(a)(43), 1396d(a)(4)(B), 1396d(r)), including with respect to the provision of such services by managed care organizations, prepaid inpatient health plans, prepaid ambulatory health plans, and primary care case managers;

(B) identify gaps and deficiencies with respect to State compliance with such requirements;

(C) provide technical assistance to States to address such gaps and deficiencies; and

(D) issue guidance to States on the Medicaid coverage requirements for such services that includes best practices for ensuring children have access to comprehensive health care services, including children without a mental health or substance use disorder diagnosis.

(2) REPORTS TO CONGRESS.—Not later than 6 months after each date on which the Secretary completes the activities described in paragraph (1), the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the most recent activities completed for purposes of such paragraph that includes the findings made, and descriptions of actions taken by the Secretary or by States as a result of such activities, and any additional actions the Secretary plans to carry out or that States are required to carry out as a result of such activities.

(3) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this subsection, to remain available until expended, $5,000,000, for each of fiscal years 2023 and 2024, and $1,000,000 for each fiscal year thereafter.

 

(b) GAO Study And Report.—

(1) STUDY.—The Comptroller General of the United States (in this subsection referred to as the “Comptroller General”) shall conduct a study evaluating State implementation under Medicaid of the early and periodic screening, diagnostic, and treatment services benefit required for children by section 1905(a)(4)(B) of the Social Security Act (42 U.S.C. 1396d(a)(4)(B)) and as defined in section 1905(r) of such Act (42 U.S.C. 1396d(r)) and provided in accordance with the requirements of section 1902(a)(43) of such Act (42 U.S.C. 1396a(a)(43)), specifically with respect to State oversight of managed care organizations, prepaid inpatient health plans, prepaid ambulatory health plans, and primary care case managers, and shall provide recommendations as appropriate to improve State compliance with the requirements for providing such benefit, State oversight of managed care organizations, prepaid inpatient health plans, prepaid ambulatory health plans, and primary care case managers, and oversight of State programs under Medicaid by the Administrator of the Centers for Medicare & Medicaid Services.

(2) REPORT.—Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1) that includes the recommendations required by such paragraph, as well as recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

 

(c) Definitions.—In this section:

(1) MEDICAID.—The term “Medicaid” means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

(2) SECRETARY.—Except as otherwise provided, the term “Secretary” means the Secretary of Health and Human Services.

(3) STATE.—The term “State” has the meaning given that term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of titles XIX and XXI of such Act.

SEC. 105. PEDIATRIC MENTAL HEALTH CARE ACCESS GRANTS.
Section 330M of the Public Health Service Act (42 U.S.C. 254c–19) is amended—

(1) in the section enumerator, by striking “330M” and inserting “330M.”;

(2) in subsection (a), in the matter preceding paragraph (1)—

(A) by inserting “or cooperative agreements” after “award grants”; and

(B) by striking “Indian tribes and tribal organizations” and inserting “Indian Tribes and Tribal organizations”;

(3) in subsection (b)—

(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking “a grant” and inserting “an award”;

(ii) in subparagraph (G), by inserting “developmental-behavioral pediatricians,” after “psychiatrists,”;

(iii) in subparagraph (H), by inserting “provide information to pediatric health care providers about available mental health services for children in the community and” before “assist”; and

(iv) in subparagraph (I), by striking “problems” and inserting “conditions”;

(B) by redesignating paragraph (2) as paragraph (3);

(C) by inserting after paragraph (1) the following:

“(2) SUPPORT TO SCHOOLS AND EMERGENCY DEPARTMENTS.—

“(A) IN GENERAL.—In addition to the activities required under paragraph (1), a pediatric mental health care access program referred to in subsection (a), with respect to which an award under such subsection may be used, may provide information, consultative support, training, and technical assistance to—

“(i) emergency departments; and

“(ii) State educational agencies, local educational agencies, Tribal educational agencies, and elementary and secondary schools.

“(B) REQUIREMENTS FOR CERTAIN RECIPIENTS.—An entity receiving information, consultative support, training, and technical assistance under subparagraph (A)(ii) shall operate in a manner consistent with, and shall ensure consistency with, the requirements of subsections (a) and (c) of section 4001 of the Elementary and Secondary Education Act with respect to such information, consultative support, training, and technical assistance.”; and

(D) in paragraph (3), as so redesignated, by inserting “, and which may include a developmental-behavioral pediatrician” before the period at the end of the first sentence;

(4) in subsections (c), (d), and (f), by striking “Indian tribe, or tribal organization” each place it appears and inserting “Indian Tribe, or Tribal organization”;

(5) in subsections (c) and (d)—

(A) by striking “a grant” each place it appears and inserting “an award”; and

(B) by striking “such grant” each place it appears and inserting “such award”;

(6) in subsection (e), by striking “grants” and inserting “awards”;

(7) in subsection (f)—

(A) by striking “award a grant” and inserting “make an award”; and

(B) by striking “the grant” and inserting “the award”;

(8) by redesignating subsection (g) as subsection (h);

(9) by inserting after subsection (f) the following:

“(g) Technical Assistance.—The Secretary may—

“(1) provide, or continue to provide, technical assistance to recipients of awards under subsection (a); and

“(2) award a grant or contract to an eligible public or nonprofit private entity (as determined by the Secretary) for the purpose of providing such technical assistance pursuant to this subsection.”; and

(10) in subsection (h), as so redesignated, by striking “$9,000,000 for the period of fiscal years 2018 through 2022” and inserting “$31,000,000 for each of fiscal years 2023 through 2027”.

 

TITLE II—PROTECTING STUDENTS, TEACHERS, AND SCHOOL PERSONNEL

 

SEC. 201. HIRING AND TRAINING OF SCHOOL RESOURCE OFFICERS.

(a) In General.—No funds shall be made available under any applicable program to any State educational agency, unless such agency ensures each elementary school and secondary school under the jurisdiction of such agency hires two full time school resource officers for every 500 students in attendance at such school who are licensed to carry a firearm and are trained to prevent student violence to others and self.

 

(b) Definitions.—In this section:

(1) APPLICABLE PROGRAM.—The term “applicable program” has the meaning given such term in section 400(c) of the General Education Provisions Act (20 U.S.C. 1221).

(2) ESEA TERMS.—The terms “elementary school”, “secondary school”, and “State educational agency” have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(3) SCHOOL RESOURCE OFFICER.—The term “school resource officer” has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).

 

(c) Authorization Of Appropriations.—There is authorized to be appropriated $28,000,000,000 for each of fiscal years 2023 through 2027 to carry out this section.

 

SEC. 202. USES OF COPS GRANTS TO HIRE VETERANS AND RETIRED LAW ENFORCEMENT OFFICERS AS SCHOOL RESOURCE OFFICERS.

(a) Section 1701(b)(12) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)(12)) is amended by inserting “, and the hiring and training of veterans and retired law enforcement officers to serve as school resource officers” after “offenses”.

 

(b) Section 1701(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(c)) is amended—

(1) in paragraph (2), by striking “or” at the end;

(2) in paragraph (3), by striking the period at the end and inserting “; or”; and

(3) by inserting after paragraph (3) the following:

“(4) for hiring and training veterans and retired law enforcement officers as school resource officers.”.

 

(c) Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(d)(3)) is amended by inserting after paragraph (3):

“(4) MENTAL HEALTH SCREENING AND TRAINING.—The Attorney General may provide technical assistance to States, units of local government, Indian tribal governments, and to other public and private entities using funds under this section for purposes described in subsection (b)(12) to provide school resource officers with an annual mental health screening and an annual training on tactics and response.”.

 

(d) Section 1709(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389(4)) is amended—

(1) in the matter preceding subparagraph (A), by inserting “, veteran, or retired law enforcement officer” after “career law enforcement officer”;

(2) in subparagraph (F), by striking “and” at the end;

(3) in subparagraph (G), by striking the period at the end and inserting “; and”; and

(4) by inserting after subparagraph (G) the following:

“(H) to meet at least annually with students in order to increase familiarity between students and the officer and to foster community engagement.”.

 

(e) The Secretary of Veterans Affairs shall coordinate with recipients of grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.) to connect veterans seeking to serve as school resource officers (as such term is defined in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 1038)) with local law enforcement agencies participating in school-based partnerships described in section 1701(b)(12) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)(12)).

 

SEC. 203. PHYSICAL IMPROVEMENT GRANT PROGRAM.

(a) In General.—The Secretary of Education shall make grants, on a competitive basis, to local educational agencies to perform the physical improvements referred to in subsection (b) for elementary schools and secondary schools served by such agencies.

 

(b) Use Of Funds.—Each local educational agency receiving a grant under subsection (a) shall use such funds to ensure each elementary school and secondary school served by such agency establishes a single point of entry that includes a locked anteroom—

(A) in which all guests of such school are inspected by a school resource officer prior to entry into another area of such school; and

(B) which has metal detectors and bullet proof windows at such point of entry.

 

(c) Application.—To receive a grant under subsection (a), a local educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

 

(d) Report.—Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to Congress a report on the implementation of subsection (a).

 

(e) Definitions.—In this section:

(1) ESEA TERMS.—The terms “elementary school”, “local educational agency”, “secondary school”, and “State educational agency” have the meaning given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2) SCHOOL RESOURCE OFFICER.—The term “school resource officer” has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389).

 

SEC. 204. SUPPORTING SAFER SCHOOLS THROUGH INFRASTRUCTURE IMPROVEMENT.

(a) Student Support And Academic Enrichment Grants.—Subpart 1 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended—

(1) by redesignating sections 4109 through 4112 as sections 4110 through 4113, respectively; and

(2) by inserting after section 4108 the following:

“SEC. 4109. ACTIVITIES TO SUPPORT SCHOOL SAFETY AND PREVENT VIOLENCE AGAINST STUDENTS OR SCHOOL PERSONNEL.

“Each local educational agency, or consortium of such agencies, that receives an allocation under section 4105(a) may use such funds for school safety infrastructure improvements to prevent, mitigate, or respond to incidents of violence.”.

 

(b) Definitions.—Section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112) is amended—

(1) in paragraph (5)(B), by inserting “including the prevention of gun violence,” after “school safety,”;

(2) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and

(3) by inserting after paragraph (6) the following:

“(7) SCHOOL SAFETY INFRASTRUCTURE IMPROVEMENTS.—The term ‘school safety infrastructure improvements’ means improvements to the physical facility or technology of a school to prevent intruders from entering a school, ensure students and school personnel may safely enter the school building and exit during an emergency, or protect the life and well-being of students and school personnel, including—

“(A) physical improvements to the school to prevent and deter unauthorized access to the school, including locks, double entry systems, hardened entrances, and interior and exterior video surveillance systems;

“(B) security doors, automatic locks, security glass, alarm systems, metal detectors, and sensor systems;

“(C) emergency communications systems, including wireless and geographically precise mobile alert systems;

“(D) perimeter fencing;

“(E) emergency exit systems;

“(F) duress or panic systems;

“(G) emergency tip lines; and

“(H) any other physical improvements to existing facilities where the primary purpose is to improve or enhance school safety.”.

 

(c) Formula Grants To States.—Section 4103(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7113(a)) is amended, in the matter preceding paragraph (1), by striking “section 4112” and inserting “section 4113”.

 

(d) State Use Of Funds.—Section 4104(b)(3)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(B)) is amended—

(1) in clause (iii), by striking “and” at the end; and

(2) by adding at the end the following:

“(v) improving the safety and security of schools, which may include—

“(I) identifying and disseminating best practices for school safety;

“(II) assisting in the establishment or implementation of emergency planning, which may include emergency response teams to address emergencies at schools;

“(III) establishing or identifying agreements with local law enforcement and health agencies, including nonprofit, public, and private mental health agencies and institutions, to improve coordination of services and identify threats to the safety of students and school personnel; and

“(IV) school safety infrastructure improvements; and”.

 

(e) Local Educational Agency Applications.—Section 4106(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7116(e)) is amended—

(1) in paragraph (1)—

(A) in subparagraph (D)—

(i) by striking “4109” and inserting “4110”; and

(ii) by striking “and” at the end;

(B) by redesignating subparagraph (E) as subparagraph (F); and

(C) by inserting after subparagraph (D), the following:

“(E) if applicable, how funds will be used for activities related to supporting school safety infrastructure improvements under section 4109; and”; and

(2) in paragraph (2)—

(A) in subparagraph (A), by inserting “, including charter schools where applicable,” after “schools”;

(B) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively;

(C) by inserting after subparagraph (D) the following:

“(E) use a portion of funds received under this subpart to support one or more of the activities authorized under section 4109;”; and

(D) in subparagraph (F), as so redesignated—

(i) by striking “section 4109(a)” and inserting “section 4110(a)”; and

(ii) by striking “section 4109(b)” and inserting “section 4110(b)”.

 

(f) Activities To Support Safe And Healthy Students.—Section 4108 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7118) is amended—

(1) in the matter preceding paragraph (1), by striking “Subject to” and inserting the following:

“(a) In General.—Subject to”;

(2) in subsection (a)(5) (as amended by paragraph (1))—

(A) in subparagraph (B), in the matter preceding clause (i), by striking “4111” and inserting “4112”; and

(B) in subparagraph (E), by striking “4111” and inserting “4112”; and

(3) by adding at the end the following:

“(b) Rule Of Construction.—Nothing in this section shall be construed to—

“(1) prevent Federal, State, or local law enforcement from detaining or arresting an individual who could otherwise be detained or arrested for an alleged violent offense;

“(2) otherwise interfere with Federal, State, or local law enforcement’s discretion to investigate legitimate threats to school safety; or

“(3) discourage school officials from referring an individual to law enforcement.”.

 

(g) Activities To Support The Effective Use Of Technology.—Section 4110 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7119), as redesignated by subsection (a), is amended—

(1) in subsection (a)—

(A) in paragraph (5), by striking “and” at the end;

(B) in paragraph (6), by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(7) providing technology to improve school safety.”; and

(2) in subsection (b)—

(A) by striking “A local” and inserting the following:

“(1) IN GENERAL.—A local”; and

(B) by adding at the end the following:

“(2) EXCEPTION.—The limitation described in paragraph (1) shall not apply to technology infrastructure that is also a school safety infrastructure improvement.”.

 

(h) Technical Amendment.—The table of contents in section 2 of the Elementary and Secondary Education Act is amended by striking the items relating to sections 4109, 4110, 4111, and 4112 and inserting the following:

“Sec. 4109. Activities to support school safety and prevent violence against students or school personnel.
“Sec. 4110. Activities to support the effective use of technology.
“Sec. 4111. Supplement, not supplant.
“Sec. 4112. Rule of construction.
“Sec. 4113. Authorization of appropriations.”.

 

TITLE III—ENSURING EVIDENCE-BASED SCHOOL SAFETY PRACTICES

 

SEC. 301. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED PRACTICES.
(a) In General.—Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following:

“SEC. 2220D. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY EVIDENCE-BASED PRACTICES.
“(a) Establishment.—

“(1) IN GENERAL.—The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Evidence-based Practices (in this section referred to as the ‘Clearinghouse’) within the Department.

“(2) PURPOSE.—The Clearinghouse shall serve as a Federal resource to identify and publish online through SchoolSafety.gov, or any successor website, evidence-based practices and recommendations to improve school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public.

“(3) PERSONNEL.—

“(A) ASSIGNMENTS.—The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section.

“(B) DETAILEES.—The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse.

“(4) EXEMPTIONS.—

“(A) PAPERWORK REDUCTION ACT.—Chapter 35 of title 44, United States Code (commonly known as the ‘Paperwork Reduction Act’), shall not apply to any rulemaking or information collection required under this section.

“(B) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply for the purposes of carrying out this section.

 

“(b) Clearinghouse Contents.—

“(1) CONSULTATION.—In identifying the evidence-based practices and recommendations for the Clearinghouse, the Secretary shall—

“(A) consult with appropriate Federal, State, local, Tribal, private sector, and nongovernmental organizations, including civil rights and disability rights organizations; and

“(B) consult with the Secretary of Education to ensure that evidence-based practices published by the Clearinghouse are aligned with evidence-based practices to support a positive and safe learning environment for all students.

“(2) CRITERIA FOR EVIDENCE-BASED PRACTICES AND RECOMMENDATIONS.—The evidence-based practices and recommendations of the Clearinghouse shall—

“(A) include comprehensive evidence-based school safety measures;

“(B) include the evidence or research rationale supporting the determination of the Clearinghouse that the evidence-based practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including—

“(i) relevant research that is evidence-based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the evidence-based practice or recommendation;

“(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or

“(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining evidence-based practices and recommendations, as determined in consultation with the officers described in subsection (a)(3)(B);

“(C) include information on Federal programs for which implementation of each evidence-based practice or recommendation is an eligible use for the program;

“(D) be consistent with Federal civil rights laws, including title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); and

“(E) include options for developmentally appropriate recommendations for use in educational settings with respect to children’s ages and physical, social, sensory, and emotionally developmental statuses.

“(3) PAST COMMISSION RECOMMENDATIONS.—The Clearinghouse shall present, as determined in consultation with the officers described in subsection (a)(3)(B), Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission.

 

“(c) Assistance And Training.—The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the evidence-based practices and recommendations.

 

“(d) Continuous Improvement.—The Secretary shall—

“(1) collect for the purpose of continuous improvement of the Clearinghouse—

“(A) Clearinghouse data analytics;

“(B) user feedback on the implementation of resources, evidence-based practices, and recommendations identified by the Clearinghouse; and

“(C) any evaluations conducted on implementation of the evidence-based practices and recommendations of the Clearinghouse; and

“(2) in coordination with the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General—

“(A) regularly assess and identify Clearinghouse evidence-based practices and recommendations for which there are no resources available through Federal Government programs for implementation; and

“(B) establish an external advisory board, which shall be comprised of appropriate State, local, Tribal, private sector, and nongovernmental organizations, including organizations representing parents of elementary and secondary school students, representative from civil rights organizations, representatives of disability rights organizations, representatives of educators, representatives of law enforcement, and nonprofit school safety and security organizations, to—

“(i) provide feedback on the implementation of evidence-based practices and recommendations of the Clearinghouse; and

“(ii) propose additional recommendations for evidence-based practices for inclusion in the Clearinghouse that meet the requirements described in subsection (b)(2)(B).

 

“(e) Parental Assistance.—The Clearinghouse shall produce materials in accessible formats to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse evidence-based practices and recommendations.”.

 

(b) Technical Amendments.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by adding at the end the following:

“Sec. 2220D. Federal Clearinghouse on School Safety Evidence-based Practices.”.

 

SEC. 302. NOTIFICATION OF CLEARINGHOUSE.
(a) Notification By The Secretary Of Education.—The Secretary of Education shall provide written notification of the publication of the Federal Clearinghouse on School Safety Evidence-based Practices (referred to in this section and section 13304 as the “Clearinghouse”), as required to be established under section 2220D of the Homeland Security Act of 2002, as added by section 13302 of this Act, to—

(1) every State and local educational agency; and

(2) other Department of Education partners in the implementation of the evidence-based practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Education.

 

(b) Notification By The Secretary Of Homeland Security.—The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2220D of the Homeland Security Act of 2002, as added by section 13302 of this Act, to—

(1) every State homeland security advisor;

(2) every State department of homeland security; and

(3) other Department of Homeland Security partners in the implementation of the evidence-based practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security.

 

(c) Notification By The Secretary Of Health And Human Services.—The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2220D of the Homeland Security Act of 2002, as added by section 13302 of this Act, to—

(1) every State department of public health; and

(2) other Department of Health and Human Services partners in the implementation of the evidence-based practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services.

 

(d) Notification By The Attorney General.—The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2220D of the Homeland Security Act of 2002, as added by section 13302 of this Act, to—

(1) every State department of justice; and

(2) other Department of Justice partners in the implementation of the evidence-based practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General.

SEC. 303. GRANT PROGRAM REVIEW.
(a) Federal Grants And Resources.—Not later than 1 year after the date of enactment of this Act, the Clearinghouse or the external advisory board established under section 2220D of the Homeland Security Act of 2002, as added by this subtitle, shall—

(1) review grant programs and identify any grant program that may be used to implement evidence-based practices and recommendations of the Clearinghouse;

(2) identify any evidence-based practices and recommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the evidence-based practice or recommendation as applicable to the agency; and

(3) periodically report any findings under paragraph (2) to the appropriate committees of Congress.

 

(b) State Grants And Resources.—The Clearinghouse shall, to the extent practicable, identify, for each State—

(1) each agency responsible for school safety in the State, or any State that does not have such an agency designated;

(2) any grant program that may be used for the purposes of implementing evidence-based practices and recommendations of the Clearinghouse; and

(3) any resources other than grant programs that may be used to assist in implementation of evidence-based practices and recommendations of the Clearinghouse.

SEC. 304. RULES OF CONSTRUCTION.
(a) Waiver Of Requirements.—Nothing in this title or the amendments made by this title shall be construed to create, satisfy, or waive any requirement under—

(1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq.);

(2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);

(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);

(4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or

(5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).

 

(b) Prohibition On Federally Developed, Mandated, Or Endorsed Curriculum.—Nothing in this title or the amendments made by this title shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)).

 

Plain English Summary

 

TITLE I--EXPANSION OF CHILDREN AND FAMILY MENTAL HEALTH SERVICES

 

This title reauthorizes, funds, and supports programs, grants, and activities that provide access to mental and behavioral health.

 

(Sec. 101) This section extends through September 30, 2025, the Medicaid demonstration program for certified community behavioral health clinics. It also expands the program by increasing the number of states that may participate and increasing the length of the demonstration programs. It provides funding for planning grants, technical assistance, and the demonstration programs.

 

(Sec. 102) This section requires the Centers for Medicare & Medicaid Services (CMS) to provide technical assistance and issue guidance to states on ways to improve access to telehealth under Medicaid and the Children's Health Insurance Program (CHIP).

 

(Sec. 103) This section requires and provides funding for the CMS to (1) issue guidance to support the delivery of medical assistance to Medicaid and CHIP beneficiaries in school-based settings; and (2) establish a technical assistance center to expand the capacity of state Medicaid agencies, local educational agencies, and school-based entities to provide assistance under Medicaid.

 

This section also authorizes grants for states to implement, enhance, or expand non-health related services through school-based entities under Medicaid and CHIP.

 

(Sec. 104) This section requires and provides funding for the CMS to regularly review and report on states' implementation of federal requirements to provide early and periodic screening, diagnostic, and treatment services for children enrolled in Medicaid. The review must address the provision of the services by managed care plans.

 

Additionally, this section requires the Government Accountability Office to evaluate and report on state compliance with the requirements to provide early and periodic screening, diagnostic, and treatment services for children enrolled in Medicaid.

 

(Sec. 105) This section reauthorizes through FY2027 pediatric mental health care access grants and allows grants to be used to provide information, support, training, and technical assistance to emergency departments, educational agencies, and schools.

 

TITLE II—PROTECTING STUDENTS, TEACHERS, AND SCHOOL PERSONNEL

 

(Sec. 201) This section prohibits a state educational agency (SEA) from receiving federal education funds unless each elementary and secondary school under the jurisdiction of the SEA hires two full-time school resource officers who are licensed to carry a firearm and are trained to prevent student violence for every 500 students in attendance at such school.

 

(Sec. 202) This section expands COPS grants to provide for hiring veterans and retired law enforcement officers as school resource officers.

 

This section also permits the Attorney General to provide technical assistance in providing school resource officers with annual mental health screenings as well as tactical and response training.

 

Additionally, this section provides for coordination with the Secretary of Veterans Affairs to connect veterans seeking to serve as school resource officers with local law enforcement agencies participating in school-based partnerships to provide school resource officers.

 

(Sec. 203) This section requires the Department of Education to award competitive grants to local educational agencies (LEAs) to make physical improvements at elementary and secondary schools.

 

Grant funds must be used to ensure that each elementary and secondary school served by the LEA establishes a single point of entry that includes a locked anteroom with metal detectors and bulletproof windows and where the school resource officer inspects all guests prior to entry into another area of the school.

 

(Sec. 204) This section allows local educational agencies to use certain federal funds for activities related to school safety, including infrastructure improvements to prevent, mitigate, or respond to incidents of school violence.

 

TITLE III—ENSURING EVIDENCE-BASED SCHOOL SAFETY PRACTICES

 

(Sec. 301) This section provides statutory authority for the federal clearinghouse of school safety resources. The clearinghouse identifies and publishes best practices and recommendations for school safety for use by state and local educational and law enforcement agencies, institutions of higher education, health professionals, and the public.

 

(Sec. 302) This section requires the Department of Health and Human Services and the Departments of Homeland Security, Justice, and Education to notify their state and local counterparts and other partners about the clearinghouse.

 

(Sec. 303) This section requires the clearinghouse or the external advisory board to review and report on federal grant programs that could be used to implement best practices and recommendations. This section also requires the clearinghouse to identify state agencies, state grant programs, and other resources that may be used to implement best practices and recommendations.

 

(Sec. 304) This section makes clear the title does not waive certain requirements under federal law and does not alter existing prohibitions against federally developed, mandated, or endorsed curriculum.

Nay

5 hours ago, Conrad said:

whip card

 

((This doesn't follow game rules because no whip was posted. Per game rules:

 

"Furthermore, in order for a Whip Card to be used, Congressional Leadership must issue a party whip a minimum of 12 hours before the vote in question closes."

 

@Tuna @JH Heinz))

Nay

Taking the weekend for a proper LOA, I won't be around until Monday for anything except tomorrow's primary election coverage

Kaplan Opposes Ukrainian Lend-Lease, Emphasizing Need for Strategic Prudence

 

WASHINGTON, D.C. — In a statement on the Senate floor, Senator Jonah Kaplan (R-Utah) announced his opposition to the Ukraine Territorial Integrity Defense Lend-Lease Act of 2022. In his remarks, Senator Kaplan made it clear he would "never waver in affirming Ukraine's right to defend itself," but emphasized that affirming the Ukrainian right to self-defense against Russian aggression shouldn't involve enabling the rumored military offensive reported in the press, which he called "imprudent."

 

Senator Kaplan's full floor remarks are included below.

 

Quote

Mr. President,

 

I, too, rise in opposition to this bill.

 

Where I will have to disagree with my colleague from Texas is the reasoning for my opposition. I do believe we should aid the Ukrainians in their defense against Russian aggression, and there should be no mistake, the ongoing conflict between Ukraine and Russia is due to Russian aggression. Nor do I consider this conflict to be a Ukrainian civil war. This is a conflict between the Ukrainian people, on the one hand, and the Russian government and its proxies operating in Ukraine on the other. Russia has invaded the sovereign territory of Ukraine, and the Ukrainians have a right to defend themselves. The United States and NATO should aid them in defending themselves.

 

But what this bill will enable is military escalation. We've all seen the news reports with rumors of a Ukrainian offensive, and it's clearly not an accident these rumors are swirling as we prepare to pass a bill that will enable lend-lease agreements. Now, let's be clear: Do Ukrainians have the right to launch an offensive to take back their own territory? They absolutely do. A military offensive to take back their own territory would not, in any reasonable sense, be an act of aggression. We shouldn't confuse a military offensive with aggression — Russia is the only aggressor in this conflict because Russia has invaded and occupied sovereign Ukrainian territory.

 

But is it prudent for Ukraine to launch a military offensive at this time? The answer to that, in my view, is no. Russia is not just going to sit idly by while this offensive proceeds, they're going to respond, and how they respond is the real cause for concern here. Launching a military offensive at this time will just threaten to broaden the conflict. It could bring instability and the threat of war to Europe the likes of which generations of Americans have never seen. If that happens, it will ensnare the United States in a conflict that is likely to cost us much more than this lend-lease program will, and we will have to tread extremely carefully as we always must in any military conflict that involves Russia. It could ignite a new cold war. Younger Americans won't remember what a cold war between the world's two preeminent nuclear powers was truly like, but we must remember. We must do what we can to avoid imprudent moves that will plunge the world back into tensions that threaten to boil over into mass destruction on a global scale.

 

So while I will never waver in affirming Ukraine's right to defend itself, I will also never waver in insisting the Ukrainian government and our government need to exercise prudence and caution. Imprudent actions could wind up costing the Ukrainians much more than the costs they've already paid in this conflict over their territory. And imprudence here could cost the United States and our NATO allies more than we can begin to calculate right now. That's why I must oppose this bill. It is part and parcel of the current approach the administration is taking, militarize first and ask questions later. That approach is going to come back to bite us if we aren't careful, and it will almost certainly come back to bite the Ukrainians the hardest. I can't support that.

 

Thank you, I yield.

 

Mr. President,

 

I, too, rise in opposition to this bill.

 

Where I will have to disagree with my colleague from Texas is the reasoning for my opposition. I do believe we should aid the Ukrainians in their defense against Russian aggression, and there should be no mistake, the ongoing conflict between Ukraine and Russia is due to Russian aggression. Nor do I consider this conflict to be a Ukrainian civil war. This is a conflict between the Ukrainian people, on the one hand, and the Russian government and its proxies operating in Ukraine on the other. Russia has invaded the sovereign territory of Ukraine, and the Ukrainians have a right to defend themselves. The United States and NATO should aid them in defending themselves.

 

But what this bill will enable is military escalation. We've all seen the news reports with rumors of a Ukrainian offensive, and it's clearly not an accident these rumors are swirling as we prepare to pass a bill that will enable lend-lease agreements. Now, let's be clear: Do Ukrainians have the right to launch an offensive to take back their own territory? They absolutely do. A military offensive to take back their own territory would not, in any reasonable sense, be an act of aggression. We shouldn't confuse a military offensive with aggression — Russia is the only aggressor in this conflict because Russia has invaded and occupied sovereign Ukrainian territory.

 

But is it prudent for Ukraine to launch a military offensive at this time? The answer to that, in my view, is no. Russia is not just going to sit idly by while this offensive proceeds, they're going to respond, and how they respond is the real cause for concern here. Launching a military offensive at this time will just threaten to broaden the conflict. It could bring instability and the threat of war to Europe the likes of which generations of Americans have never seen. If that happens, it will ensnare the United States in a conflict that is likely to cost us much more than this lend-lease program will, and we will have to tread extremely carefully as we always must in any military conflict that involves Russia. It could ignite a new cold war. Younger Americans won't remember what a cold war between the world's two preeminent nuclear powers was truly like, but we must remember. We must do what we can to avoid imprudent moves that will plunge the world back into tensions that threaten to boil over into mass destruction on a global scale.

 

So while I will never waver in affirming Ukraine's right to defend itself, I will also never waver in insisting the Ukrainian government and our government need to exercise prudence and caution. Imprudent actions could wind up costing the Ukrainians much more than the costs they've already paid in this conflict over their territory. And imprudence here could cost the United States and our NATO allies more than we can begin to calculate right now. That's why I must oppose this bill. It is part and parcel of the current approach the administration is taking, militarize first and ask questions later. That approach is going to come back to bite us if we aren't careful, and it will almost certainly come back to bite the Ukrainians the hardest. I can't support that.

 

Thank you, I yield.

Nay

 

Quote

REPUBLICAN TUESDAY GROUP AP BUDGET, PRIMARY ROUND

Rallies: 10 APs
[In It to Win It, Mesa, AZ] = 5 APs
[Problem Solver, Las Vegas, NV] = 5 APs

 

Speeches: 16 APs
[Senator Jonah Kaplan, 8 Locations] = 16 APs

 

Ads: 16 APs
[No More Years, AZ/NV/NY/OR/WA, 5 Runs] = 15 APs
[Vote for American Energy, PA, 1 Run] = 1 AP

 

Infrastructure: 38 APs
[Turnout Ops, AZ, Level III] = 6 APs

[Turnout Ops, NV, Level III] = 6 APs

[Turnout Ops, OR, Level III] = 6 APs
[Turnout Ops, PA, Level III] = 6 APs
[Turnout Ops, MD, Level II] = 4 APs
[Turnout Ops, MI, Level II] = 4 APs
[Turnout Ops, AK, Level I] = 2 APs

[Turnout Ops, NY, Level I] = 2 APs
[Turnout Ops, WA, Level I] = 2 APs

 

SPEECHES

 

Quote

Speaker: Senator Jonah Kaplan, Chair of the Republican Tuesday Group

Location: Yuma, Arizona

APs Expended: 2 APs

Target Demographics: (1) Rural Voters, (2) Farm Workers, (3) Latino Republicans

 

"When you hear about inflation in the news, it all sounds a little abstract, doesn't it? A percentage point here, a rising price there. But you folks know better than anyone, there's nothing abstract about inflation. Inflation means hardship for America's farmers, which means hardship for our rural communities and farm workers. Inflation means higher energy costs, which means higher transportation costs to get agricultural goods shipped where they need to go. Inflation means rising costs for consumers, which means they tighten their belts, even when it comes to buying food. Inflation means less profit for farmers, and less economic growth for rural communities. You need leaders in Washington and Phoenix who understand how an issue like inflation really impacts you, what it means for your families. You need leaders in Washington and Phoenix who have experience governing communities and getting things done for your families. You need leaders in Washington and Phoenix who already know how to fight and get results for working class families. You don't need someone who makes flashy headlines and is straight out of central casting, but is clueless about how to solve the problems you face. You need someone who will go toe to toe with Democrats to finally deliver lower inflation and rising economic growth for Arizona's rural communities again. You need John Giles and Scott Smith!" (224 words)

 

Quote

Speaker: Senator Jonah Kaplan

Locations: (1) Frederick, Maryland; (2) Reno, Nevada; (3) Staten Island, New York

APs Expended: 6 APs

Target Demographics: (1) Urban Voters, (2) Suburban Voters, (3) Law Enforcement

 

"Crime is out of control in America. You see it in the headlines every day — another American gunned down in the streets. Another American dead, from violence or the fentanyl running rampant through our communities, because we can't get control of our borders. But these aren't just headlines for you, your communities are living this nightmare. This is what's happening right here in [State], threatening your families. We've got to be smart in this election and choose candidates who can actually take the fight to Democrats who have let crime run wild. We need them in Washington, and you need them in [Capital]. We need fighters like [Senate Candidate] in the Senate with us to get more police on our streets, to support law enforcement instead of the Osiris Storm approach of defunding and demoralizing the police. You need [Gubernatorial Candidate] in [Capital], holding the legislature accountable to get crime under control. [Gubernatorial Candidate] and [Senate Candidate] have proven they can win in [State], and we need winners now more than ever to support our police and stop the crime wave. We need winners who will help us take back the Senate and join us in opposing Democrats' anti-police agenda." (200 words)

 

Quote

Speaker: Senator Jonah Kaplan

Location: Grand Rapids, Michigan

APs Expended: 2 APs

Target Demographics: (1) Moderate Republicans, (2) Auto Workers, (3) Working Class Families

 

"In Congress, Republicans have been pushing an all of the above approach to energy, and that's an approach auto workers here in Michigan need. We want to see more drilling for American oil to lower the cost of gas and get more Americans on the road, in American-made cars. But more than that, we've made a serious push for critical mineral mining so we can independently obtain the minerals we need to make batteries for electric vehicles. That's so important for the auto industry so it will be American automakers and auto workers who are building the cars of the future. Fred Upton gets that, which is why he fought for an all of the above approach to energy his whole career in Congress. He wasn't beholden to eco-radicals — and they hated him for it — but he did understand we need renewable energy to power electric cars if we want them made here in Michigan instead of China. That's the kind of common sense you're going to get with Fred Upton as your Governor, and it's the kind of common sense that's going to resonate with Michigan folks who are fed up with Gretchen Whitmer's ideological crusades. All of you work hard, and Fred Upton is the kind of man who's going to roll up his sleeves and get to work for you building the auto industry of the future, because he knows for Republicans to win in Michigan we have to make sure Michigan wins." (246 words)

 

Quote

Speaker: Senator Jonah Kaplan

Location: Allentown, Pennsylvania

APs Expended: 2 APs

Target Demographics: (1) Mainstream Conservatives, (2) Natural Gas Workers, (3) Working Class Families

 

"We're in an energy crisis. Most of the media aren't calling it that, but when our supply of critical energy resources is cut off and Americans are feeling the pain in everything from heating and cooling your homes to putting gas in your cars, that's a crisis. This crisis is happening under the watch of your former Governor, now the President, Abigail Sharp and her party. They have such an aversion to unleashing the energy resources we have right here in America, because they need to appease eco-radical activists and elite donors. This isn't just a problem at the national level though, there are Democrats right here in Pennsylvania who want to ban fracking, or who will stand idly by while the federal government rolls back fracking. But there's good news, you have a candidate on the ballot with a proven record of fighting for Pennsylvania's natural gas jobs and American energy independence, and that's Charlie Dent. He's going to stand up to Democrats in the legislature and at the local level who want to ban fracking and kill your jobs. You can bet he's going to stand up to the Sharp EPA and the rest of the Sharp administration's bureaucratic arsenal to protect your jobs too. Pennsylvanians need the good, secure jobs fracking offers this state, and America needs Pennsylvania's natural gas. As your Governor, Charlie Dent will deliver for you and for American energy independence." (237 words)

 

Quote

Speaker: Senator Jonah Kaplan

Locations: (1) Salem, Oregon; (2) Spokane, Washington

APs Expended: 4 APs

Target Demographics: (1) Suburban Voters, (2) Rural Voters, (3) Law Enforcement

 

"Democrats have left communities here on the West Coast behind, but I'll be honest, so have a lot of D.C. Republicans. Too many Republicans in D.C. have written [State] off as just another blue state, and that's that. But here's the reality: You're facing the same issues here Americans are facing everywhere — rising violence, escalating drug overdoses, city streets abandoned to crime, rural communities left behind and rural schools left unprotected. What are Democrats in D.C. doing about it? Absolutely nothing. Worse than nothing. Osiris Storm has put forward one bill after another to defund and demoralize the police, and Senate Democrats have backed him up every step of the way. In the midst of a national crime wave, which is hitting [Portland/Seattle] hard, [Democratic Senator] wants to make the problem even worse. [Democratic Governor] and Democrats in [Capital] are making the problem worse. [State] communities and families deserve safety, and that's why we need to get serious about supporting candidates who offer a real alternative, folks who can take the fight to Democrats and win, not just make a statement. That's why it's so important to elect more Republicans [in Oregon only: like Greg Walden] to fight for you in [Capital], and elect [Senate Candidate] to the Senate to put more police in our neighborhoods, protect kids in our rural schools, and end this crime wave." (228 words)

 

RALLIES

 

Quote

Rally Title: In It to Win It

Speakers: Senator Jonah Kaplan, Mayor John Giles, Mayor Scott Smith

Location: Mesa, Arizona

APs Expended: 5 APs

Target Demographics: (1) Mainstream Conservatives, (2) Immigration Hawks, (3) Border Community Residents

Senator Jonah Kaplan:

 

"Folks, let me tell you why I'm here today to endorse these two outstanding Mayors of Mesa, past and present. It's because they know how to get things done and they know how to win, and that is exactly what we need right now. Right now, as we speak, there is a surge in illegal immigration across our southern border. It affects Phoenix and Mesa, it affects Tucson, it affects every community here in Arizona. It affects folks back in my home state of Utah too, and everywhere in America. We can't afford to play games or take gambles. We need to fight to pass common sense bills like Samantha's Law, to make sure criminals like Enrique Escarra are deported if they make it across our border. We need to fight for more border security, so violent criminals like Escarra and drug traffickers with fentanyl don't get across the border in the first place. The safety of our families and communities depends on us winning those fights. But to be able to win those fights, first we have to win the Senate. We have to hold onto the Governor's office so Republicans in Washington will still have a partner for border security here in Arizona. That means putting forward candidates with proven records of winning over voters and getting the job done. John Giles and Scott Smith have proven they're fighters, and they've proven they're winners. We need them to turn Arizona red again this November." (246 words)

Mayor John Giles:

"Being a Mayor is a little like being a Governor, and not at all like being a news anchor. One of my opponents in this race has learned how to tell people what they want to hear, and she can certainly put on a good show. As Mayor of Mesa, I've learned how to tell people what they need to hear and get things done. As it turns out, that resonates with people — it's how we win. And we need to win this November, because Democrats in Washington and in Phoenix need to hear us loud and clear when we say we're fed up with our open, unsecured border. As Governor of Arizona, I will take on D.C. politicians and bureaucrats who won't do their jobs and secure our border, and who want to try to stop Arizona from doing what needs to be done to keep our communities and families safe. Now, my opponents are promising the same thing, but here's the difference: I'm the one who can win and I'm the one with a proven record of winning. I am in this fight to win this fight, and if I'm privileged enough to be your standard bearer this November, I will put in the work to make sure the state of Arizona keeps fighting for a secure border and safe neighborhoods no matter what Washington is doing, or isn't doing." (232 words)

Mayor Scott Smith:

"As a Mayor, you don't have the luxury of not having a plan and not getting things done. All of us on this stage get that — Jonah too, he used to be a Mayor. All of us share the belief we need more leaders in Washington who can make a plan and see it through. That's certainly not what we're getting from this White House. Abigail Sharp hasn't secured our southern border because she hasn't even put forward a plan to secure our southern border. It's not on her agenda, it's not on Osiris Storm's agenda, and it's not on Nancy Pelosi's agenda. Arizona deserves a Senator who will not only call that out, but who will also work to fully secure our borders and protect our communities from criminals who have crossed over illegally. But we're not going to get that with Al Zapata. If I'm privileged enough to be your candidate for the Senate this November, I'm going to be in it to win it so we can throw Al Zapata out of office, throw Osiris Storm out of leadership, and get Samantha's Law and border security legislation passed. We know the losing formula that has cost us two Senate seats, and we can't afford to repeat it. It's time to start winning again here in Arizona, for the sake of our families and communities all along our southern border." (232 words)

 

Quote

Rally Title: Problem Solver

Speakers: Senator Jonah Kaplan, Nevada Secretary of State Barbara Cegavske

Location: Las Vegas, Nevada

APs Expended: 5 APs

Target Demographics: (1) Mainstream Conservatives, (2) Service Workers, (3) Working Class Families

Senator Jonah Kaplan:

 

"How are you folks feeling about the latest Sharp rise in inflation? Yeah, I'm tired of it too. I'm tired of it because I'm tired of seeing so many families here in Nevada and throughout America struggling. The inflation rate isn't just a number. What that number represents is higher costs and lost economic opportunities. When inflation is high, the cost of taking a road trip is higher. The cost of taking a flight is higher. Tourism becomes a luxury a lot of Americans can't afford. For a city like Las Vegas and a state like Nevada that relies so much on tourism to fuel the economy, that's a catastrophe. It's a catastrophe for hotel workers, other service workers, and Nevada's working families. It's a catastrophe that could have been avoided if Democrats in Congress had controlled their reckless spending, instead of dumping $1.4 trillion worth of fuel on a fire that was already starting to burn out of control. But this is also a catastrophe we can still come back from, if we get spending under control. Republicans in the Senate have put forward a comprehensive plan to fight inflation, and if we take back the Senate, we're going to get it done. That's why we need a problem solver who can win here in Nevada, and join Republicans in Washington to rein in spending and knock down inflation. Barbara Cegavske is that problem solver and she can win in November. Let's get her there." (246 words)

Nevada Secretary of State Barbara Cegavske:

"I'm running for the Senate because Nevada needs someone to fight for our working families and fight to put Nevada first again. Jimmy Garcia put himself first, and he disgraced our state and the nation. But since taking office, Kate Marshall has been in lockstep with everything Garcia stood for and out of step with what Nevadans need. Nevadans need someone who will go to Washington and actually solve the problems that are contributing to inflation. Energy prices are high, so let's bring them down by drilling for our own oil, our own natural gas, our own critical minerals, and funding our own renewables. Costs are rising because demand is high, there's too much of the government's borrowed money floating around. Let's rein it in by reducing spending, and let's free up supply to meet demand by slashing regulations that are holding our businesses back. This isn't rocket science, and these aren't radical solutions, but they're being prevented by radical Democrats like Kate Marshall. If you nominate me, I'm going to take the fight to her this November and I'm going to win so we can bring costs down for Nevada's families and get Americans back on the road to visit Las Vegas again. So much is riding on a win this November, and while Nevadans do know how to gamble, we know getting our economy back on track is too important to roll the dice and hope for the best." (241 words)

 

ADVERTISEMENTS

 

Quote

Ad Title: No More Years

Type: Television

Locations: Arizona (1 run), Nevada (1 run), New York (1 run), Oregon (1 run), Washington (1 run)

APs Expended: 15 APs

 

Four side-by-side, black and white images of Abigail Sharp, Paul Nassakis, Osiris Storm, and Nancy Pelosi appear on the screen. The following words appear in big, bold red text over the side-by-side images.

INFLATION
CRIME
ILLEGAL IMMIGRATION

FEMALE NARRATOR: Runaway inflation, rising crime, a surge in illegal immigration...

Over the images, new words appear in green text with check marks next to each:

CUT SPENDING
BACK THE BLUE
SECURE OUR BORDERS

FEMALE NARRATOR: [Senate Candidate] will cut spending to fight inflation, support law enforcement, and secure our borders.

Over the images, NO MORE YEARS appears in red text.

FEMALE NARRATOR: [State] can't afford two more years of D.C. Democrats. [Senate Candidate] will fight for us and win.

(30 seconds according to textconverter.io)

 

Quote

Ad Title: Vote for American Energy

Type: Newspaper

Locations: Pennsylvania (1 run)

APs Expended: 1 AP

 

On the left side of the ad is a picture of Charlie Dent shaking hands with a natural gas worker. On the right is the following text:

American energy is on the ballot.

Charlie Dent supports our natural gas industry. He has a proven record of getting results for Pennsylvania workers.

On May 17, vote for Pennsylvania jobs. Vote for American energy. Vote for Charlie Dent.

 

INFRASTRUCTURE

 

Quote

Turnout Ops - Arizona - Level III = 6 APs

Turnout Ops - Nevada - Level III = 6 APs

Turnout Ops - Oregon - Level III = 6 APs
Turnout Ops - Pennsylvania - Level III = 6 APs

Turnout Ops - Maryland - Level II = 4 APs
Turnout Ops - Michigan - Level II = 4 APs

Turnout Ops - Alaska - Level I = 2 APs

Turnout Ops - New York - Level I = 2 APs
Turnout Ops - Washington - Level I = 2 APs

 

Yea

Justice Kruger, congratulations on your nomination.

 

You've been described as an incrementalist, and I have a few questions pertaining to your judicial philosophy, or at least what's been said about it.

 

First, do you in fact see yourself as an incrementalist?

 

And if so, building off the question posed by my colleague from Florida, how does that square with your decidedly not very incremental approach to the law with regard to ministerial exemptions? Would you say your approach has changed since your time arguing that case?

 

I'd also like to better understand the incrementalist approach — it seems to me the law says what it says and we have to abide by the whole thing, not just a little bit of what it says piece by piece over time. Do you think there are times it's appropriate to disregard what the law says and allow illegal or unconstitutional actions to proceed for the sake of not rocking the boat or, in your words, for the sake of "enhancing the predictability and stability of the law"?

 

Thank you, those are all the questions I have.

 

Quote

REPUBLICAN TUESDAY GROUP AP BUDGET, PRIMARY ROUND

Rallies: 10 APs
[In It to Win It, Mesa, AZ] = 5 APs
[Problem Solver, Las Vegas, NV] = 5 APs

 

Speeches: 16 APs
[Senator Jonah Kaplan, 8 Locations] = 16 APs

 

Ads: 16 APs
[No More Years, AZ/NV/NY/OR/WA, 5 Runs] = 15 APs
[Vote for American Energy, PA, 1 Run] = 1 AP

 

Infrastructure: 38 APs
[Turnout Ops, AZ, Level III] = 6 APs

[Turnout Ops, NV, Level III] = 6 APs

[Turnout Ops, OR, Level III] = 6 APs
[Turnout Ops, PA, Level III] = 6 APs
[Turnout Ops, MD, Level II] = 4 APs
[Turnout Ops, MI, Level II] = 4 APs
[Turnout Ops, AK, Level I] = 2 APs

[Turnout Ops, NY, Level I] = 2 APs
[Turnout Ops, WA, Level I] = 2 APs

 

SPEECHES

 

Quote

Speaker: Senator Jonah Kaplan, Chair of the Republican Tuesday Group

Location: Yuma, Arizona

APs Expended: 2 APs

Target Demographics: (1) Rural Voters, (2) Farm Workers, (3) Latino Republicans

 

"When you hear about inflation in the news, it all sounds a little abstract, doesn't it? A percentage point here, a rising price there. But you folks know better than anyone, there's nothing abstract about inflation. Inflation means hardship for America's farmers, which means hardship for our rural communities and farm workers. Inflation means higher energy costs, which means higher transportation costs to get agricultural goods shipped where they need to go. Inflation means rising costs for consumers, which means they tighten their belts, even when it comes to buying food. Inflation means less profit for farmers, and less economic growth for rural communities. You need leaders in Washington and Phoenix who understand how an issue like inflation really impacts you, what it means for your families. You need leaders in Washington and Phoenix who have experience governing communities and getting things done for your families. You need leaders in Washington and Phoenix who already know how to fight and get results for working class families. You don't need someone who makes flashy headlines and is straight out of central casting, but is clueless about how to solve the problems you face. You need someone who will go toe to toe with Democrats to finally deliver lower inflation and rising economic growth for Arizona's rural communities again. You need John Giles and Scott Smith!" (224 words)

 

Quote

Speaker: Senator Jonah Kaplan

Locations: (1) Frederick, Maryland; (2) Reno, Nevada; (3) Staten Island, New York

APs Expended: 6 APs

Target Demographics: (1) Urban Voters, (2) Suburban Voters, (3) Law Enforcement

 

"Crime is out of control in America. You see it in the headlines every day — another American gunned down in the streets. Another American dead, from violence or the fentanyl running rampant through our communities, because we can't get control of our borders. But these aren't just headlines for you, your communities are living this nightmare. This is what's happening right here in [State], threatening your families. We've got to be smart in this election and choose candidates who can actually take the fight to Democrats who have let crime run wild. We need them in Washington, and you need them in [Capital]. We need fighters like [Senate Candidate] in the Senate with us to get more police on our streets, to support law enforcement instead of the Osiris Storm approach of defunding and demoralizing the police. You need [Gubernatorial Candidate] in [Capital], holding the legislature accountable to get crime under control. [Gubernatorial Candidate] and [Senate Candidate] have proven they can win in [State], and we need winners now more than ever to support our police and stop the crime wave. We need winners who will help us take back the Senate and join us in opposing Democrats' anti-police agenda." (200 words)

 

Quote

Speaker: Senator Jonah Kaplan

Location: Grand Rapids, Michigan

APs Expended: 2 APs

Target Demographics: (1) Moderate Republicans, (2) Auto Workers, (3) Working Class Families

 

"In Congress, Republicans have been pushing an all of the above approach to energy, and that's an approach auto workers here in Michigan need. We want to see more drilling for American oil to lower the cost of gas and get more Americans on the road, in American-made cars. But more than that, we've made a serious push for critical mineral mining so we can independently obtain the minerals we need to make batteries for electric vehicles. That's so important for the auto industry so it will be American automakers and auto workers who are building the cars of the future. Fred Upton gets that, which is why he fought for an all of the above approach to energy his whole career in Congress. He wasn't beholden to eco-radicals — and they hated him for it — but he did understand we need renewable energy to power electric cars if we want them made here in Michigan instead of China, for example. That's the kind of common sense you're going to get with Fred Upton as your Governor, and it's the kind of common sense that's going to resonate with Michigan folks who are fed up with Gretchen Whitmer's ideological crusades. All of you work hard, and Fred Upton is the kind of man who's going to roll up his sleeves and get to work for you building the auto industry of the future, because he knows for Republicans to win in Michigan we have to make sure Michigan wins." (248 words)

 

Quote

Speaker: Senator Jonah Kaplan

Location: Allentown, Pennsylvania

APs Expended: 2 APs

Target Demographics: (1) Mainstream Conservatives, (2) Natural Gas Workers, (3) Working Class Families

 

"We're in an energy crisis. Most of the media aren't calling it that, but when our supply of critical energy resources is cut off and Americans are feeling the pain in everything from heating and cooling your homes to putting gas in your cars, that's a crisis. This crisis is happening under the watch of your former Governor, now the President, Abigail Sharp and her party. They have such an aversion to unleashing the energy resources we have right here in America, because they need to appease eco-radical activists and elite donors. This isn't just a problem at the national level though, there are Democrats right here in Pennsylvania who want to ban fracking, or who will stand idly by while the federal government rolls back fracking. But there's good news, you have a candidate on the ballot with a proven record of fighting for Pennsylvania's natural gas jobs and American energy independence, and that's Charlie Dent. He's going to stand up to Democrats in the legislature and at the local level who want to ban fracking and kill your jobs. You can bet he's going to stand up to the Sharp EPA and the rest of the Sharp administration's bureaucratic arsenal to protect your jobs too. Pennsylvanians need the good, secure jobs fracking offers this state, and America needs Pennsylvania's natural gas. As your Governor, Charlie Dent will deliver for you and for American energy independence." (237 words)

 

Quote

Speaker: Senator Jonah Kaplan

Locations: (1) Salem, Oregon; (2) Spokane, Washington

APs Expended: 4 APs

Target Demographics: (1) Suburban Voters, (2) Rural Voters, (3) Law Enforcement

 

"Democrats have left communities here on the West Coast behind, but I'll be honest, so have a lot of D.C. Republicans. Too many Republicans in D.C. have written [State] off as just another blue state, and that's that. But here's the reality: You're facing the same issues here Americans are facing everywhere — rising violence, escalating drug overdoses, city streets abandoned to crime, rural communities left behind and rural schools left unprotected. What are Democrats in D.C. doing about it? Absolutely nothing. Worse than nothing. Osiris Storm has put forward one bill after another to defund and demoralize the police, and Senate Democrats have backed him up every step of the way. In the midst of a national crime wave, which is hitting [Portland/Seattle] hard, [Democratic Senator] wants to make the problem even worse. [Democratic Governor] and Democrats in [Capital] are making the problem worse. [State] communities and families deserve safety, and that's why we need to get serious about supporting candidates who offer a real alternative, folks who can take the fight to Democrats and win, not just make a statement. That's why it's so important to elect more Republicans [in Oregon only: like Greg Walden] to fight for you in [Capital], and elect [Senate Candidate] to the Senate to put more police in our neighborhoods, protect kids in our rural schools, and end this crime wave." (228 words)

 

RALLIES

 

Quote

Rally Title: In It to Win It

Speakers: Senator Jonah Kaplan, Mayor John Giles, Mayor Scott Smith

Location: Mesa, Arizona

APs Expended: 5 APs

Target Demographics: (1) Mainstream Conservatives, (2) Immigration Hawks, (3) Border Community Residents

Senator Jonah Kaplan:

 

"Folks, let me tell you why I'm here today to endorse these two outstanding Mayors of Mesa, past and present. It's because they know how to get things done and they know how to win, and that is exactly what we need right now. Right now, as we speak, there is a surge in illegal immigration across our southern border. It affects Phoenix and Mesa, it affects Tucson, it affects every community here in Arizona. It affects folks back in my home state of Utah too, and everywhere in America. We can't afford to play games or take gambles. We need to fight to pass common sense bills like Samantha's Law, to make sure criminals like Enrique Escarra are deported if they make it across our border. We need to fight for more border security, so violent criminals like Escarra and drug traffickers with fentanyl don't get across the border in the first place. The safety of our families and communities depends on us winning those fights. But to be able to win those fights, first we have to win the Senate. We have to hold onto the Governor's office so Republicans in Washington will still have a partner for border security here in Arizona. That means putting forward candidates with proven records of winning over voters and getting the job done. John Giles and Scott Smith have proven they're fighters, and they've proven they're winners. We need them to turn Arizona red again this November." (246 words)

Mayor John Giles:

"Being a Mayor is a little like being a Governor, and not at all like being a news anchor. One of my opponents in this race has learned how to tell people what they want to hear, and she can certainly put on a good show. As Mayor of Mesa, I've learned how to tell people what they need to hear and get things done. As it turns out, that resonates with people — it's how we win. And we need to win this November, because Democrats in Washington and in Phoenix need to hear us loud and clear when we say we're fed up with our open, unsecured border. As Governor of Arizona, I will take on D.C. politicians and bureaucrats who won't do their jobs and secure our border, and who want to try to stop Arizona from doing what needs to be done to keep our communities and families safe. Now, my opponents are promising the same thing, but here's the difference: I'm the one who can win and I'm the one with a proven record of winning. I am in this fight to win this fight, and if I'm privileged enough to be your standard bearer this November, I will put in the work to make sure the state of Arizona keeps fighting for a secure border and safe neighborhoods no matter what Washington is doing, or isn't doing." (232 words)

Mayor Scott Smith:

"As a Mayor, you don't have the luxury of not having a plan and not getting things done. All of us on this stage get that — Jonah too, he used to be a Mayor. All of us share the belief we need more leaders in Washington who can make a plan and see it through. That's certainly not what we're getting from this White House. Abigail Sharp hasn't secured our southern border because she hasn't even put forward a plan to secure our southern border. It's not on her agenda, it's not on Osiris Storm's agenda, and it's not on Nancy Pelosi's agenda. Arizona deserves a Senator who will not only call that out, but who will also work to fully secure our borders and protect our communities from criminals who have crossed over illegally. But we're not going to get that with Al Zapata. If I'm privileged enough to be your candidate for the Senate this November, I'm going to be in it to win it so we can throw Al Zapata out of office, throw Osiris Storm out of leadership, and get Samantha's Law and border security legislation passed. We know the losing formula that has cost us two Senate seats, and we can't afford to repeat it. It's time to start winning again here in Arizona, for the sake of our families and communities all along our southern border." (232 words)

 

Quote

Rally Title: Problem Solver

Speakers: Senator Jonah Kaplan, Nevada Secretary of State Barbara Cegavske

Location: Las Vegas, Nevada

APs Expended: 5 APs

Target Demographics: (1) Mainstream Conservatives, (2) Service Workers, (3) Working Class Families

Senator Jonah Kaplan:

 

"How are you folks feeling about the latest Sharp rise in inflation? Yeah, I'm tired of it too. I'm tired of it because I'm tired of seeing so many families here in Nevada and throughout America struggling. The inflation rate isn't just a number. What that number represents is higher costs and lost economic opportunities. When inflation is high, the cost of taking a road trip is higher. The cost of taking a flight is higher. Tourism becomes a luxury a lot of Americans can't afford. For a city like Las Vegas and a state like Nevada that relies so much on tourism to fuel the economy, that's a catastrophe. It's a catastrophe for hotel workers, other service workers, and Nevada's working families. It's a catastrophe that could have been avoided if Democrats in Congress had controlled their reckless spending, instead of dumping $1.4 trillion worth of fuel on a fire that was already starting to burn out of control. But this is also a catastrophe we can still come back from, if we get spending under control. Republicans in the Senate have put forward a comprehensive plan to fight inflation, and if we take back the Senate, we're going to get it done. That's why we need a problem solver who can win here in Nevada, and join Republicans in Washington to rein in spending and knock down inflation. Barbara Cegavske is that problem solver and she can win in November. Let's get her there." (246 words)

Nevada Secretary of State Barbara Cegavske:

"I'm running for the Senate because Nevada needs someone to fight for our working families and fight to put Nevada first again. Jimmy Garcia put himself first, and he disgraced our state and the nation. But since taking office, Kate Marshall has been in lockstep with everything Garcia stood for and out of step with what Nevadans need. Nevadans need someone who will go to Washington and actually solve the problems that are contributing to inflation. Energy prices are high, so let's bring them down by drilling for our own oil, our own natural gas, our own critical minerals, and funding our own renewables. Costs are rising because demand is high, there's too much of the government's borrowed money floating around. Let's rein it in by reducing spending, and let's free up supply to meet demand by slashing regulations that are holding our businesses back. This isn't rocket science, and these aren't radical solutions, but they're being prevented by radical Democrats like Kate Marshall. If you nominate me, I'm going to take the fight to her this November and I'm going to win so we can bring costs down for Nevada's families and get Americans back on the road to visit Las Vegas again. So much is riding on a win this November, and while Nevadans do know how to gamble, we know getting our economy back on track is too important to roll the dice and hope for the best." (241 words)

 

ADVERTISEMENTS

 

Quote

Ad Title: No More Years

Type: Television

Locations: Arizona (1 run), Nevada (1 run), New York (1 run), Oregon (1 run), Washington (1 run)

APs Expended: 15 APs

 

Four side-by-side, black and white images of Abigail Sharp, Paul Nassakis, Osiris Storm, and Nancy Pelosi appear on the screen. The following words appear in big, bold red text over the side-by-side images.

INFLATION
CRIME
ILLEGAL IMMIGRATION

FEMALE NARRATOR: Runaway inflation, rising crime, a surge in illegal immigration...

Over the images, new words appear in green text with check marks next to each:

CUT SPENDING
BACK THE BLUE
SECURE OUR BORDERS

FEMALE NARRATOR: [Senate Candidate] will cut spending to fight inflation, support law enforcement, and secure our borders.

Over the images, NO MORE YEARS appears in red text.

FEMALE NARRATOR: [State] can't afford two more years of D.C. Democrats. [Senate Candidate] will fight for us and win.

(30 seconds according to textconverter.io)

 

Quote

Ad Title: Vote for American Energy

Type: Newspaper

Locations: Pennsylvania (1 run)

APs Expended: 1 AP

 

On the left side of the ad is a picture of Charlie Dent shaking hands with a natural gas worker. On the right is the following text:

American energy is on the ballot.

Charlie Dent supports our natural gas industry. He has a proven record of getting results for Pennsylvania workers.

On May 17, vote for Pennsylvania jobs. Vote for American energy. Vote for Charlie Dent.

 

INFRASTRUCTURE

 

Quote

Turnout Ops - Arizona - Level III = 6 APs

Turnout Ops - Nevada - Level III = 6 APs

Turnout Ops - Oregon - Level III = 6 APs
Turnout Ops - Pennsylvania - Level III = 6 APs

Turnout Ops - Maryland - Level II = 4 APs
Turnout Ops - Michigan - Level II = 4 APs

Turnout Ops - Alaska - Level I = 2 APs

Turnout Ops - New York - Level I = 2 APs
Turnout Ops - Washington - Level I = 2 APs

 

Yea

Yea

Yea

Mr. President, I second the amendment and I yield.

Mr. President,

 

Point of inquiry, are we inviting the nominee for hearings?

 

Thank you, I yield.

Yea

Yea

Yea

Reduced activity for a few days, going to be concentrating on the primary round of elections and not much else.

IN THE SENATE OF THE UNITED STATES

 

Mr. Kaplan (for himself, with thanks to Mr. Hawley and Ms. Letlow) introduced the following bill

 

A BILL

 

To ensure the rights of parents are honored and protected in the Nation’s public schools.

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Parents Bill of Rights Act”.

 

TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

SEC. 101. STATE PLAN ASSURANCES.

Section 1111(g)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(2)) is amended—

(1) in subparagraph (M), by striking “and” at the end;

(2) in subparagraph (N), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

“(O) the State will ensure that each local educational agency in the State—

“(i) in a case in which the curriculum for an elementary or secondary school (including secondary career and technical education schools) grade level is freely and publicly available on the internet—

“(I) posts on a publicly accessible website of the agency, such curriculum; or

“(II) if such agency does not operate a website, widely disseminates to the public such curriculum; or

“(ii) in a case in which the curriculum for an elementary or secondary school (including secondary career and technical education schools) grade level is not freely and publicly available on the internet—

“(I) posts on a publicly accessible website of the agency—

“(aa) a description of such curriculum; and

“(bb) information on how parents can review such curriculum as described in section 1112(e)(1)(A); or

“(II) if such agency does not operate a website, widely disseminates to the public the description and information described in items (aa) and (bb) of subclause (I); and

“(P) in the case of any revisions to the State’s challenging State academic standards (including any revisions to the levels of achievement within the State’s academic achievement standards), the State educational agency will post to the homepage of its website, and widely disseminate to the public, notice of such revisions and a copy of such revisions, except that the State educational agency shall not be required to submit such notice or such revisions to the Secretary.”.

 

SEC. 102. ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.

Section 1111(h)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(2)) is amended by inserting at the end the following new subparagraph:

“(E) BUDGET.—Each local educational agency report card shall include the budget for the school year for which such report card is being prepared (including all revenues and expenditures (including expenditures made to private entities)) for the local educational agency as a whole, and for each elementary school and secondary school (including secondary career and technical education schools) served by the local educational agency. In addition to the detailed budget information required under the preceding sentence, the agency shall include a separate fact sheet that summarizes such information in a clear and easily understandable format.”.

 

SEC. 103. LOCAL EDUCATIONAL AGENCY PLAN ASSURANCES.

Section 1112(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(c)) is amended—

(1) in paragraph (6), by striking “and” at the end;

(2) in paragraph (7), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

“(8) meet the requirements described in section 1111(g)(2)(O);

“(9) post on a publicly accessible website of the local educational agency or, if the local educational agency does not operate a website, widely disseminate to the public, the plan for carrying out the parent and family engagement described in section 1116 and all policies and procedures that result from such engagement;

“(10) ensure that each elementary school served by the local educational agency notifies the parents of any student enrolled at such school when the student does not score as grade-level proficient in reading or language arts at the end of the third grade based on the reading or language arts assessments administered under section 1111(b)(2)(B)(v)(I)(aa) or another assessment administered to all third grade students by such school; and

“(11) ensure that each elementary school and secondary school (including secondary career and technical education schools) served by the local educational agency provides to the parents of students enrolled at such school, before a person speaks (in-person or virtually) to such students in a class, school assembly, or any other school-sponsored event, notice that includes the name of the speaker and the name of the organization or other entity being represented by the speaker.”.

 

SEC. 104. PARENTS RIGHT-TO-KNOW.

Section 1112(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(e)) is amended—

(1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (6), respectively;

(2) by inserting before paragraph (2) (as so redesignated), the following:

“(1) NOTICE OF RIGHTS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency posts on a publicly accessible website of the school or, if the school does not operate a website, widely disseminates to the public, a summary notice of the right of parents to information about their children’s education as required under this Act, which shall be in an understandable format for parents and include, at minimum—

“(A) the right (provided in accordance with the requirements of section 445(a)(2) of the General Education Provisions Act (20 U.S.C. 1232h(a)(2)) with respect to such local educational agency) to review, and make copies of, at no cost, the curriculum of their child’s school;

“(B) the right to know if the State alters the State’s challenging State academic standards;

“(C) the right to meet with each teacher of their child not less than twice during each school year in accordance with paragraph (5)(A);

“(D) the right to review the budget, including all revenues and expenditures, of their child’s school;

“(E) the right to—

“(i) a list of the books and other reading materials available in the library of their child’s school; and

“(ii) inspect such books or other reading materials;

“(F) the right to information about all schools in which their child can enroll, including options for enrolling in or transferring to—

“(i) other schools served by the local educational agency;

“(ii) charter schools; and

“(iii) schools served by a different local educational agency in the State;

“(G) the right to address the school board of the local educational agency;

“(H) the right to information about violent activity in their child’s school;

“(I) the right to information about any plans to eliminate gifted and talented or college credit programs in the child’s school, including Advanced Placement and dual-enrollment classes;

“(J) the right to review any professional development materials;

“(K) the right to know if their child is not grade-level proficient in reading or language arts at the end of the third grade as described in subsection (c)(10);

“(L) the right to know if a school employee or contractor acts to—

“(i) change a minor child’s gender markers, pronouns, or preferred name; or

“(ii) allow a child to change the child’s sex-based accommodations, including locker rooms or bathrooms;

“(M) the right to know if—

“(i) a school employee or contractor acts to—

“(I) treat, advise, or address the cyberbullying of a student;

“(II) treat, advise, or address the bullying or hazing of a student;

“(III) treat, advise, or address a student’s mental health, suicidal ideation, or instances of self-harm;

“(IV) treat, advise, or address a specific threat to the safety of a student;

“(V) treat, advise, or address the possession or use of drugs and other controlled substances; or

“(VI) treat, advise, or address an eating disorder; or

“(ii) a child brings a weapon to school;

“(N) the right to the notice described in subsection (c)(11) before a person speaks (in-person or virtually) to their child in a class, school assembly, or any other school-sponsored event;

“(O) the right to be informed of the total number of school counselors in their child’s school;

“(P) the right to know if their child’s school operates, sponsors, or facilitates athletic programs or activities that permit an individual whose biological sex is male to participate in an athletic program or activity that is designated for individuals whose biological sex is female;

“(Q) the right to know if their child’s school allows an individual whose biological sex is male to use restrooms or changing rooms designated for individuals whose biological sex is female; and

“(R) the right to timely notice of any major cyberattack against their child’s school that may have compromised student or parent information.”;

(3) in paragraph (2)(B) (as redesignated by paragraph (1))—

(A) by redesignating clause (i) and clause (ii) as subclause (I) and subclause (II), respectively;

(B) by striking “(B) ADDITIONAL INFORMATION.—” and inserting:

“(B) ADDITIONAL INFORMATION.—

“(i) IN GENERAL.—”; and

(C) by adding at the end the following:

“(ii) SCHOOL LIBRARY.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school—

“(I) at the beginning of each school year, a list of books and other reading materials available in the library of such school; and

“(II) the opportunity to inspect such books and other reading materials.

“(iii) VIOLENT ACTIVITY.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school timely notification of any violent activity occurring on school grounds or at school-sponsored activities in which one or more individuals suffer injuries (including whether such agency is aware of videos or recordings of such violent activity), except that such notification shall not contain names or the grade level of any students involved in the activity.

“(iv) GIFTED AND TALENTED PROGRAMS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school timely notification of any plan to eliminate gifted and talented or college credit programs in such school, including Advanced Placement and dual-enrollment classes.

“(v) SCHOOL COUNSELORS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the information described in paragraph (1)(O).

“(vi) ENROLLMENT OPTIONS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the information described in paragraph (1)(F), including the enrollment and transfer options described in such paragraph.

“(vii) SCHOOL EMPLOYEE OR CONTRACTOR ACTIONS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency notifies the parents of any child who is a student in such school if a school employee or contractor takes, with respect to such child, any action described in clause (i) or (ii) of paragraph (1)(L).

“(viii) SCHOOL AND STUDENT SAFETY.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency notifies—

“(I) the parents of any child who is a student in such school if a school employee or contractor takes, with respect to such child, any action described in clause (i) of paragraph (1)(M); and

“(II) the parents of each child who is a student in such school if any child takes the action described in clause (ii) of paragraph (1)(M).

“(ix) PROFESSIONAL DEVELOPMENT MATERIALS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the opportunity to review professional development materials to ensure the parental right described in paragraph (1)(J).

“(x) ATHLETIC PROGRAMS OR ACTIVITIES.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the information described in paragraph (1)(O).

“(xi) ACCOMMODATIONS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school the information described in paragraph (1)(O).

“(xii) CYBERATTACKS.—A local educational agency receiving funds under this part shall ensure that each elementary school and secondary school (including secondary career and technical education schools) served by such agency provides the parents of each child who is a student in such school notifications described in paragraph (1)(O).”; and

(4) by inserting after paragraph (4) (as redesignated by paragraph (1)) the following:

“(5) TRANSPARENCY.—A local educational agency receiving funds under this part shall provide the parents of each child who is a student in an elementary school or secondary school (including secondary career and technical education schools) served by such agency—

“(A) (i) the opportunity to meet in-person or virtually via videoconference with each teacher of such child not less than twice during each school year; and

“(ii) a notification, at the beginning of each school year, of the opportunity for such meetings, including the option to attend such meetings virtually via videoconference; and

“(B) the opportunity to address the school board of such local educational agency on issues impacting the education of children in such agency and on any violations of the rights specified in paragraph (1).”.

 

SEC. 105. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.

(a) In General.—Title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended—

(1) by redesignating section 8549C as section 8549D; and

(2) by inserting after section 8549B the following new section:

“SEC. 8549C. SENSE OF CONGRESS ON FIRST AMENDMENT RIGHTS.

“(a) Findings.—Congress finds the following:

“(1) The right of parents to educate their children is a pre-political natural right that the U.S. Supreme Court has recognized as ‘beyond debate’ and rooted in the ‘history and culture of Western civilization’.

“(2) Parents have a First Amendment right to express their opinions on decisions made by State and local education leaders.

“(3) States and local educational agencies should empower parents to communicate regularly with Federal, State, and local policymakers and educators regarding the education and well-being of their children.

“(4) Transparent and cooperative relationships between parents and schools have significant and long-lasting positive effects on the development of children.

“(5) Parents’ concerns over content and pedagogy deserve to be heard and fully considered by school professionals.

“(6) Parent and other community input about schools that is presented in a lawful and appropriate manner should always be encouraged.

“(7) Educators, policymakers, elected officials, Executive Branch officials and employees, and other stakeholders should never seek to use law enforcement to criminalize the lawfully expressed concerns of parents about their children’s education, but should never hesitate to contact public safety officials if there is a credible threat to the safety and security of students, parents, educators, policymakers, elected officials, executive branch officials or employees, or other stakeholders, school faculty, or staff.

 

“(b) Sense Of Congress.—It is the sense of Congress that—

“(1) the First Amendment guarantees parents and other stakeholders the right to assemble and express their opinions on decisions affecting their children and communities, and that educators and policymakers should welcome and encourage that engagement and consider that feedback when making decisions; and

“(2) parents have a fundamental right, protected by the U.S. Constitution, to direct the education of their children, and the strict scrutiny test used by courts to evaluate cases concerning fundamental rights is the correct standard of review for government actions that interfere with the right of parents to educate their children.”.

 

(b) Table Of Contents.—The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended—

(1) by striking the item relating to section 8549C; and

(2) by inserting after the item relating to section 8549B the following:

Sec. 8549C. Sense of Congress on First Amendment Rights.
Sec. 8549D. Technical assistance.

SEC. 106. DEFINITION OF SECONDARY CAREER AND TECHNICAL EDUCATION SCHOOL.

Section 8101 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended—

(1) by redesignating paragraphs (45) through (52) as paragraphs (46) through (53), respectively; and

(2) by inserting after paragraph (44) the following new paragraph:

“(45) SECONDARY CAREER AND TECHNICAL EDUCATION SCHOOL.—The term ‘secondary career and technical education school’ means a secondary school (including secondary career and technical education schools) that is an area career and technical education school described in subparagraph (A) or (B) of paragraph (3) of section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2032(3)(A); (B)).”.

 

TITLE II—AMENDMENTS TO FERPA AND PPRA

SEC. 201. AMENDMENTS TO THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974.

(a) Enforcement.—Section 444(f) of the General Education Provisions Act (20 U.S.C. 1232g) (also known as the “Family Educational Rights and Privacy Act of 1974”) (20 U.S.C. 1232g(f)) is amended by adding at the end the following: “The Secretary shall comply with the reporting requirement under section 445(e)(2)(C)(ii) with respect to the enforcement actions taken under this subsection to ensure compliance with this section.”.

 

(b) Prohibition On Educational Agencies Or Institutions Acting As An Agent Of A Parent.—Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (also known as the “Family Educational Rights and Privacy Act of 1974”) is amended by adding at the end the following:

“(k) Prohibition On Educational Agencies Or Institutions Acting As Agent Of A Parent For Use Of Technology.—An educational agency or institution may not act as the agent of a parent of a student in attendance at a school of such agency or at such institution for purposes of providing verifiable parental consent for the use of technology in the classroom for purposes of educating the student without providing notice and an opportunity for the parent to object to the use of such technology.”.

 

(c) Prohibition On Sale Of Information For Commercial Purposes.—Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (also known as the “Family Educational Rights and Privacy Act of 1974”), as amended by this section, is further amended by adding at the end the following:

“(l) Prohibition On Sale Of Information For Commercial Purposes.—

“(1) IN GENERAL.—Except as provided in paragraph (2), no educational agency or institution or authorized representative of such agency or institution may sell student information for commercial or financial gain.

“(2) EXCEPTIONS.—The prohibition described in paragraph (1) shall not apply to products sold to students by or on behalf of the educational agency or institution, such as yearbooks, prom tickets, and school pictures.”.

 

(d) Parental Consultation.—Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (also known as the “Family Educational Rights and Privacy Act of 1974”), as amended by this section, is further amended by adding at the end the following:

“(m) Parental Consultation.—In developing a privacy policy or procedure, an educational agency or institution shall engage meaningfully with parents of students in attendance at the schools served by such agency or institution.”.

 

(e) Disclosure Of Information.—Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (also known as the “Family Educational Rights and Privacy Act of 1974”), as amended by this section, is further amended by adding at the end the following:

“(n) Disclosure Of Information.—An educational agency or institution or authorized representative of such agency or institution shall, upon request from a parent of a student, disclose to such parent the identity of any individual or entity with whom information is shared from the education record of the student or any response of the student to a survey.”.

 

SEC. 202. PROTECTION OF PUPIL RIGHTS.

(a) Availability For Inspection By Parents Or Guardians.—Section 445(a) of the General Education Provisions Act (20 U.S.C. 1232h(a)) is amended to read as follows:

“(a) Availability For Inspection By Parents Or Guardians.—A local educational agency (as such term is defined in subsection (c)(6)(C)) that receives funds under any applicable program shall ensure the following:

“(1) INFORMATION AVAILABLE.—Each of the following shall be available for inspection by the parents or guardians of the children in attendance at the schools served by such agency, and the availability of each of the following for inspection shall not be conditioned on any requirement that such parents or guardians sign a nondisclosure agreement:

“(A) All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in such school or in connection with any survey, analysis, or evaluation.

“(B) Any books or other reading materials made available to students in such school or through the school library of such school.

“(C) Any professional development materials.

“(2) COMMENT PERIODS FOR PARENTS.—

“(A) IN GENERAL.—The agency shall provide comment periods during which parents or guardians of the children in attendance at the schools served by the agency may inspect and provide feedback on any of the materials referred to in paragraph (1) that—

“(i) are expected to be used to teach such children during the three weeks following the comment period; or

“(ii) were used to teach such children during preceding portions of the school year.

“(B) FREQUENCY AND DURATION.—The comment periods described in subparagraph (A) shall be held not less frequently than once every three weeks during the school year and each comment period shall be not less than three school days in duration.”.

 

(b) Single Issue Notification.—Section 445(b) of the General Education Provisions Act (20 U.S.C. 1232h) is amended—

(1) by striking “prior consent of the student” and inserting “prior written consent of the student”; and

(2) by inserting “, which is provided specifically for such survey, analysis, or evaluation” before the period at the end.

 

(c) Development And Adoption Of Local Policies.—Section 445(c) of the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended—

(1) in the subsection heading, by striking “Physical” and inserting “Medical”;

(2) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by striking “in consultation with parents” and inserting “in consultation with parents in accordance with paragraph (2)(A)”;

(B) in subparagraph (C), by amending clause (i) to read as follows:

“(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional material used as part of the educational curriculum for the student, and any books or other reading materials made available to the student in a school served by the agency or through the school library; and”;

(C) by amending subparagraph (D) to read as follows:

“(D) The administration of medical examinations or screenings that the school or agency may administer to a student, including—

“(i) prior notice to parents of such a medical examination or screening, and receipt of consent from parents before administering such an examination or screening; and

“(ii) in the event of an emergency that requires a medical examination or screening without time for parental notification and consent, the procedure for promptly notifying parents of such examination or screening subsequent to such examination or screening.”; and

(D) by amending subparagraph (E) to read as follows:

“(E) The prohibition on the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose), other than for a legitimate educational purpose to improve the education of students as described in paragraph (4), and the arrangements to protect student privacy that are provided by the agency in the event of such collection, disclosure, or use for such a legitimate educational purpose.”.

 

(d) Parental Notification.—Paragraph (2) of section 445(c) of the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended—

(1) in the paragraph heading, by inserting “CONSULTATION AND” before “NOTIFICATION”;

(2) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D), respectively;

(3) in subparagraph (B) (as so redesignated)—

(A) in clause (i), by striking “and” at the end;

(B) by amending clause (ii) to read as follows:

“(ii) in the case of an activity described in clause (i) or (iii) of subparagraph (D), offer an opportunity and clear instructions for the parent (or in the case of a student who is an adult or emancipated minor, the student) to opt the student out of participation in such activity;”; and

(C) by adding at the end the following:

“(iii) in the case of an activity described in subparagraph (D)(i), a description of how such activity is for a legitimate educational purpose to improve the education of students as described in paragraph (4); and

“(iv) not require a student to submit to a survey described in subparagraph (D)(ii) without the prior written consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent, which is provided specifically for such survey.”;

(4) by inserting before subparagraph (B) (as so amended and redesignated), the following:

“(A) PARENTAL CONSULTATION.—The parental consultation required for the purpose of developing and adopting policies under paragraphs (1) and (3) by a local educational agency shall ensure that such policy is developed with meaningful engagement by parents of students enrolled in schools served by that agency.”; and

(5) in subparagraph (D) (as redesignated by paragraph (2))—

(A) by amending clause (i) to read as follows:

“(i) Activities involving the collection, disclosure, or use of personal information collected from students for a legitimate educational purpose to improve the education of students as described in paragraph (4).”; and

(B) in clause (iii), by striking “invasive physical” and inserting “medical”.

 

(e) Updates To Existing Policies.—Paragraph (3) of section 445(c) of the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended to read as follows:

“(3) UPDATES TO EXISTING POLICIES.—

“(A) IN GENERAL.—Not later than 180 days after the date of enactment of the Parents Bill of Rights Act, a local educational agency that receives funds under any applicable program shall—

“(i) review policies covering the requirements of paragraph (1) as in effect on the day before such date of enactment; and

“(ii) develop and update such policies to reflect the changes made to paragraph (1) by the amendments made by the Parents Bill of Rights Act.

“(B) CONSULTATION AND NOTIFICATION.—In developing and updating the policies under subparagraph (A), the agency shall comply with the consultation and notification requirements under paragraph (2).”.

 

(f) Exceptions.—Paragraph (4)(A) of section 445(c) of the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended by amending the matter preceding clause (i) to read as follows:

“(A) EDUCATIONAL PRODUCTS OR SERVICES.—For purposes of paragraph (1)(E), the collection, disclosure, or use of personal information collected from students for a legitimate educational purpose to improve the education of students means the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or schools, such as the following:”.

 

(g) Definitions.—Paragraph (6) of section 445(c) of the General Education Provisions Act (20 U.S.C. 1232h(c)) is amended—

(1) by amending subparagraph (B) to read as follows:

“(B) MEDICAL EXAMINATION OR SCREENING.—The term ‘medical examination or screening’ means any medical examination or screening that involves the exposure of private body parts, or any act during such examination or screening that includes incision, insertion, or injection into the body, or a mental health or substance use disorder screening, except that such term does not include a hearing, vision, or scoliosis screening, or an observational screening carried out to comply with child find obligations under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).”; and

(2) in subparagraph (E)—

(A) in clause (iii), by striking “or”;

(B) in clause (iv), by striking the period at the end and inserting “; or”; and

(C) by adding at the end the following:

“(v) an email address.”.

 

(h) Enforcement And Reporting.—Subsection (e) of section 445 of the General Education Provisions Act (20 U.S.C. 1232h) is amended to read as follows:

“(e) Enforcement And Reporting.—

“(1) ENFORCEMENT.—The Secretary shall take such action as the Secretary determines appropriate to enforce this section, except that action to terminate assistance provided under an applicable program shall be taken only if the Secretary determines that—

“(A) there has been a failure to comply with such section; and

“(B) compliance with such section cannot be secured by voluntary means.

“(2) REPORTING.—

“(A) LOCAL EDUCATIONAL AGENCIES.—On an annual basis, each local educational agency (as such term is defined in subsection (c)(6)(C)) that receives funds under any applicable program shall—

“(i) without identifying any personal information of a student or students, report to the State educational agency any enforcement actions or investigations carried out for the preceding school year to ensure compliance with this section; and

“(ii) publish such information on its website or through other public means used for parental notification if the agency does not have a website.

“(B) STATES.—On an annual basis, each State educational agency shall provide to the Secretary a report, with respect to the preceding school year, that includes all actions local educational agencies have reported under subparagraph (A), and a description of the enforcement actions the State educational agency took to ensure parents’ rights were protected.

“(C) SECRETARY.—Not later than 1 year after the date of enactment of the Parents Bill of Rights Act, and annually thereafter, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate—

“(i) the reports received under subparagraph (B); and

“(ii) a description of the enforcement actions taken by the Secretary under this subsection and section 444(f) to ensure full compliance with this section and section 444, respectively.”.

 

TITLE III—GENDER MARKERS, PRONOUNS, AND PREFERRED NAMES ON SCHOOL FORMS

SEC. 401. REQUIREMENT RELATED TO GENDER MARKERS, PRONOUNS, AND PREFERRED NAMES ON SCHOOL FORMS.

As a condition of receiving Federal funds from the Department of Education, any elementary school (as such term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or school that consists of only middle grades (as such term is defined in such section), that receives such Federal funds shall be required to obtain parental consent before—

(1) changing a minor child's gender markers, pronouns, or preferred name on any school form; or

(2) allowing a child to change the child's sex-based accommodations, including locker rooms or bathrooms.

 

 

TITLE IV—GAO REPORT

SEC. 401. GAO REPORT.

Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate a report that evaluates and analyzes the impact of this Act, and the amendments made by this Act, on—

(1) protecting parents’ rights in the education of their children; and

(2) costs to State educational agencies, local educational agencies, elementary schools, and secondary schools (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).

 

TITLE V—RULES OF CONSTRUCTION

SEC. 501. RULE OF CONSTRUCTION ON PROHIBITING FEDERAL INVOLVEMENT IN CURRICULUM.

Nothing in this Act may be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system.

 

SEC. 502. RULE OF CONSTRUCTION ON STUDENT ACCESS TO BOOKS AND OTHER READING MATERIALS.

Nothing in this Act may be construed to authorize or grant parents the right or ability to deny any student who is not their child from accessing any books or other reading materials that are otherwise available in the library of their child’s school.

 

SEC. 503. RULE OF CONSTRUCTION ON INAPPLICABILITY TO NON-PUBLIC SCHOOLS.

Nothing in this Act may be construed to impose any requirements on non-public elementary or secondary schools.

 

Plain English Summary

 

This bill establishes various rights of parents and guardians regarding the public elementary or secondary school education (including secondary career and technical education) of their children. Local educational agencies (LEAs) and schools must comply with the requirements of the bill in order to receive federal education funds.

 

Specifically, the bill requires schools to notify parents and guardians of their rights regarding the education of their children. These rights include the right to

• review (and make copies of at no cost) the curriculum of their child's school;
• know if the state alters its challenging academic standards;
• meet with each teacher of their child at least twice each school year;
• review the budget, including all revenues and expenditures, of their child's school;
• inspect the books and other reading materials in the library of their child's school;
• address the school board of the LEA;
• receive information about violent activity in their child's school; and
• know if their child is not grade-level proficient in reading or language arts at the end of 3rd grade.

Additional rights include the right to

• receive information about any plans to eliminate gifted and talented programs or college credit programs in their child's school;
• know the total number of school counselors in their child's school;
• know if their child's school operates, sponsors, or facilitates athletic programs or activities that permit an individual whose biological sex is male to participate in an athletic program or activity that is designed for individuals whose biological sex is female;
• know if their child's school allows an individual whose biological sex is male to use restrooms or changing rooms designated for individuals whose biological sex is female; and
• receive timely information about any major cyberattack against their child's school.

Each LEA must (1) post on a publicly accessible website (or otherwise widely disseminate to the public) the curriculum for each grade level, and (2) include detailed budget information in its annual report card.

 

The bill provides for additional family educational and privacy rights, including by (1) prohibiting schools from selling student information for commercial or financial gain, and (2) requiring schools to engage meaningfully with parents in developing privacy policies or procedures.

 

An elementary school or a school consisting of only grades 5-8 must obtain parental consent before (1) changing a minor child's gender markers, pronouns, or preferred name on school forms; or (2) allowing a child to change the child's sex-based accommodations.

 

The bill requires the Government Accountability Office to evaluate and analyze the impact of the bill on protecting parents' rights in the education of their children and the costs to educational agencies and schools.

Nay

Nay

These were already submitted earlier today, just posting here by request so everyone can see everyone we nominated.

 

U.S. SENATE

STATE - SITTING SENATOR - CAUCUS' CANDIDATE

Alabama - Richard Shelby (retiring) - Karla DuPriest
Alaska - Lisa Murkowski - Lisa Murkowski
Arizona - Al Zapata - Scott Smith
Arkansas - John Boozman - No Challenge
California - Mya Jordan - Jeff Denham
Colorado  - Michael Bennet - Mike Coffman
Connecticut  - Richard Blumenthal - Mark Boughton
Florida - Lucille McGillicuddy - No Challenge
Georgia - Raphael Warnock - Latham Saddler
Hawaii - Brian Schatz - Linda Lingle
Idaho - Mike Crapo - No Challenge
Illinois - Julianna Stratton - Bob Dold
Indiana  - Todd Young - Todd Young
Iowa  - Chuck Grassley - No Challenge
Kansas  - Jerry Moran - No Challenge
Kentucky - Rand Paul - No Challenge
Louisiana  - John N. Kennedy - No Challenge
Maryland - Noah Lampley - Boyd Rutherford
Missouri - Michael Madison - No Challenge
Nevada - Kate Marshall - Barbara Cegavske
New Hampshire - Maggie Hassan - Chris Sununu
New Jersey (Spec) - Robert Menendez (resign) - Chris Smith
New York - Paul Nassakis - Eric Ulrich
North Carolina - Barclay Calhoun - No Challenge
North Dakota  - John Hoeven - No Challenge
Ohio - Robert Kessler - Robert Kessler
Oklahoma (Reg) - James Lankford - No Challenge
Oklahoma (Spec) - Jim Inhofe (Retiring) - David Holt
Oregon - Osiris Storm - Lori Chavez-DeRemer
Pennsylvania - Pat Toomey (Retiring) - Brian Fitzpatrick
South Carolina - James Falconer - No Challenge
South Dakota - John Thune - No Challenge
Utah - Mike Lee - No Challenge
Vermont - Patrick Leahy (Retiring) - Randy Brock
Virginia (Spec) - Criselle Valda-Torres - Glenn Davis
Washington - Patty Murray - Jaime Herrera Beutler
Wisconsin - Ron Johnson (Undecided) - No Challenge (and we would encourage Johnson to run for re-election)

 

 

GOVERNORS

STATE - SITTING GOVERNOR - CAUCUS' CANDIDATE

Alabama - Kay Ivey - No Challenge
Alaska - Mike Dunleavy - No Challenge
Arizona - Doug Ducey (Term-Limited) - John Giles
Arkansas - Asa Hutchinson (Term-Limited) - Steve Womack
California - Gavin Newsom - Mary Bono
Colorado - Jared Polis - Don Marostica
Connecticut - Ned Lamont - Toni Boucher
Florida - Ron DeSantis - No Challenge
Georgia - Brian Kemp - No Challenge
Hawaii - David Ige (Term-Limited) - Lauren Matsumoto
Idaho - Brad Little - No Challenge
Illinois - J.B. Pritzker - Mark Kirk
Iowa - Kim Reynolds - No Challenge
Kansas - Laura Kelly - Don Hineman
Maine - Janet Mills - Roger Katz
Maryland - Larry Hogan (Term-Limited) - Kelly Schulz
Massachusetts - Charlie Baker (Retired) - Tagg Romney
Michigan - Gretchen Whitmer - Fred Upton
Minnesota - Tim Walz - Norm Coleman
Nebraska - Pete Ricketts (Term-Limited) - Lee Terry
Nevada - Steve Sisolak - Joe Lombardo
New Hampshire - Chris Sununu - Jeb Bradley
New Mexico - Michelle Lujan Grisham - Richard Berry
New York - Kathy Hochul - James T. Walsh
Ohio - Mike DeWine - Mike DeWine
Oklahoma - Kevin Stitt - No Challenge
Oregon - Kate Brown (Term-Limited) - Greg Walden
Pennsylvania - John Fetterman - Charlie Dent
Rhode Island - Dan McKee - Ronald Machtley
South Carolina - Henry McMaster - No Challenge
South Dakota -  Kristi Noem - No Challenge
Tennessee - Bill Lee - No Challenge
Texas - Greg Abbott - No Challenge
Vermont - Phil Scott - Phil Scott
Wisconsin - Tony Evers - Steve Gunderson
Wyoming    Mark Gordon - No Challenge