Today’s Daily Update

The Senate will resume consideration of the DHS Appropriations Act. The House will consider H.J Res 35 Making further continuing appropriations for FY15 and a motion to go to Conference on the DHS Appropriations Act.

House

 

Yesterday:

  • Student Success Act: The House continued consideration of H.R. 5, to support State and local accountability for public education, protect State and local authority, inform parents of the performance of their children’s schools. Consideration is expected to resume tomorrow, February 27th.
  • Pursuant to H. Res. 125, in lieu of the amendment in the nature of a substitute recommended by the Committee on Education and the Workforce now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 114-8, modified by the amendment printed in part A of H. Rept. 114-29, shall be considered as adopted.
  • Agreed to:
    • Lawrence amendment (No. 4 printed in part B of H. Rept. 114-29) that requires that the Secretary of Education disapprove of any State plan that fails to, in consultation with State and local education agencies to demonstrate that there is a separate reporting of academic assessments for foster youth;
    • Goodlatte amendment (No. 5 printed in part B of H. Rept. 114-29) that would provide flexibility to localities by providing States with the authority to allow local educational agencies to administer their own, locally designed academic assessment system, in place of the State-designed academic system;
    • Langevin amendment (No. 7 printed in part B of H. Rept. 114-29) that requires states applying for funds under title I to show how they would use the funds to provide apprenticeships that offer academic credit, and how they would use the funds to provide comprehensive career counseling to the students;
    • Barletta amendment (No. 8 printed in part B of H. Rept. 114-29) that states that if school districts use Title I money for after school, before school, or summer school activities, it would require them to describe those activities in their local plans;
    • Quigley amendment (No. 9 printed in part B of H. Rept. 114-29) that restores the paraprofessional qualifications that are in place under current law, which helped stop school districts from hiring paraprofessionals with little experience in education and no professional training (by a recorded vote of 218 ayes to 201 noes, Roll No. 98);
    • DeSaulnier amendment (No. 11 printed in part B of H. Rept. 114-29) that requires LEAs to develop agreements with Head Start and other agencies to carry out early childhood education activities;
    • Rodney Davis (IL) amendment (No. 12 printed in part B of H. Rept. 114-29) that gives certainty to local and state entities that current collective bargaining agreements must remain in place;
    • McKinley amendment (No. 14 printed in part B of H. Rept. 114-29) that establishes a state-led definition of ”workforce critical subjects”, and requires states to provide an explanation of the subjects they identify as ”workforce critical”;
    • Delaney amendment (No. 15 printed in part B of H. Rept. 114-29) that makes Pay For Success initiatives an allowable use of funds for States and Local Educational Agencies to improve outcomes and save money by training and
    • Jeffries amendment (No. 16 printed in part B of H. Rept. 114-29) that ensures that teachers, parents and other educational professionals receive education on the harms of copyright piracy in order to further educate students to that end;
    • Clark (MA) amendment (No. 17 printed in part B of H. Rept. 114-29) that clarifies that early childhood education-focused professional development is an acceptable use of funds;
    • Cohen amendment (No. 18 printed in part B of H. Rept. 114-29) that allows for Title II funds to be used for restorative justice and conflict resolution training;
    • Wilson (FL) amendment (No. 19 printed in part B of H. Rept. 114-29) that requires school districts to be transparent in providing information to parents at the beginning of the school year on mandated assessments the student will have to take during the school year and any school district policy on assessment participation;
    • Polis amendment (No. 20 printed in part B of H. Rept. 114-29) that expresses the sense of Congress that charter schools are a critical part of our education system in this Nation and that Congress must support opening more quality charter schools to help students succeed in their future;
    • Polis amendment (No. 21 printed in part B of H. Rept. 114-29) that encourages collaboration and sharing of best practices between charter schools and local education agencies;
    • Kelly amendment (No. 22 printed in part B of H. Rept. 114-29) that requires Statewide Family Engagement Centers to conduct training programs in the community to improve adult literacy, including financial literacy;
    • Bonamici amendment (No. 23 printed in part B of H. Rept. 114-29) that allows State educational agencies and eligible entities to use Local Academic Flexible Grant funds to audit and streamline assessment systems, eliminates unnecessary assessments, and improves the use of assessments;
    • Polis amendment (No. 24 printed in part B of H. Rept. 114-29) that allows grants to be used for the creation and distribution of open access textbooks and open educational resources;
    • Jackson Lee amendment (No. 25 printed in part B of H. Rept. 114-29) that supports accountability-based programs and activities that are designed to enhance school safety, which may include research-based bullying prevention, cyberbullying prevention, disruption of recruitment activity by groups or individuals involved in violent extremism, and gang prevention programs as well as intervention programs regarding bullying;
    • Nolan amendment (No. 28 printed in part B of H. Rept. 114-29) that amends the current stated policy of the United States with respect to the education of Indian children to ensure that Indian children do not attend school in buildings that are dilapidated or deteriorating, as part of the unique and continuing trust relationship with, and responsibility to, the Indian people;
    • Davis (CA) amendment (No. 29 printed in part B of H. Rept. 114-29) that clarifies the definition of ”school leader” such that it explicitly refers to a school principal as opposed to an off-site administrator;
    • Castro amendment (No. 34 printed in part B of H. Rept. 114-29) that improves college and career readiness for homeless youth by requiring the State to include in the State Plan a description of how such youth would receive assistance from counselors to advise, prepare, and improve college readiness;
    • Collins (GA) amendment (No. 36 printed in part B of H. Rept. 114-29) that improves accountability and ensures proper oversight of taxpayer funds authorized by this legislation;
    • Dold amendment (No. 37 printed in part B of H. Rept. 114-29) that ensures that federal education dollars go toward their intended use for student benefit in the classroom by clarifying that funds received under the Elementary and Secondary Education Act shall not be diverted by the states to fill prior unfunded liability shortfalls in teacher pension programs; when a state receives funds under ESEA and distributes those funds to LEAs, this amendment prohibits the state from requiring LEAs to make a contribution to a pension program that is in excess of the ”normal cost” of that teacher’s participation in the pension program; and
    • Flores amendment (No. 38 printed in part B of H. Rept. 114-29) that reaffirms students’, teachers’ and school administrators’ right to exercise religion; in addition, it is the sense of Congress that schools examine their policies to ensure students and teachers are fully able to participate in activities on school grounds related to their religious freedom.
  • Rejected:
    • Kennedy amendment (No. 1 printed in part B of H. Rept. 114-29) that authorizes the STEM Gateways grant program as an allowable use of flexible funding received by state educational agencies; states could award grants to LEAs and qualified partner organizations to support the success of women, minorities, and low-income students in rigorous STEM academics (by a recorded vote of 204 ayes to 217 noes, Roll No. 95);
    • Grothman amendment (No. 2 printed in part B of H. Rept. 114-29) that shortens authorization from 2021 to 2018 (by a recorded vote of 114 ayes to 311 noes, Roll No. 96);
    • Castro amendment (No. 6 printed in part B of H. Rept. 114-29) that appoints a neutral Ombudsman within the Department of Education to ensure K-12 textbooks are held to high academic standards (by a recorded vote of 182 ayes to 243 noes, Roll No. 97);
    • Moore amendment (No. 13 printed in part B of H. Rept. 114-29) that delays implementation of new Title II formula until the Secretary of Education determines that the implementation will not reduce funding for schools serving high percentages of students in poverty (by a recorded vote of 185 ayes to 239 noes, Roll No. 99); and
    • Wilson (FL) amendment (No. 26 printed in part B of H. Rept. 114-29) that provides for Intensive Care Reading Labs and for specialization of school staffing for the purposes of basic skills in language arts, mathematics, and science in grades 1-3 as allowable uses in block grant funding.
  • Withdrawn:
    • Meeks amendment (No. 3 printed in part B of H. Rept. 114-29) that would require that the annual, statewide assessments measure student growth and require that student growth be a component of achievement within the accountability system established by a given state;
    • Fudge amendment (No. 10 printed in part B of H. Rept. 114-29) that ensures continued state investment in educating students by requiring states to demonstrate that the level of state and local funding remains constant from year to year; and
    • Courtney amendment (No. 27 printed in part B of H. Rept. 114-29) that amends 20 U.S.C. 7703 to increase weight of non-connected children residing in public-private venture (PPV) housing located on military property for the purposes of Impact Aid basic support payment calculations
  • Proceedings Postponed:
    • Zeldin amendment (No. 30 printed in part B of H. Rept. 114-29) that seeks to allow a State to withdraw from the Common Core Standards or any other specific standards;
    • Hurd amendment (No. 31 printed in part B of H. Rept. 114-29) that seeks to express the sense of Congress that students’ personally identifiable information is important to protect as applied to current law and this act;
    • Grayson amendment (No. 32 printed in part B of H. Rept. 114-29) that seeks to require the Secretary of Education to conduct an assessment of the impact of school start times on student health, well-being, and performance;
    • Wilson (FL) amendment (No. 33 printed in part B of H. Rept. 114-29) that seeks to provide for school dropout prevention and re-entry and provides grants to raise academic achievement levels for all students;
    • Carson (IN) amendment (No. 35 printed in part B of H. Rept. 114-29) that seeks to advance assessments of student achievement and instructional practices, effective teacher preparation and continuing professional development, education administration, and international comparisons; the amendment supports development of a national research strategy to ensure that students, particularly at risk students, have effective teachers and are being prepared for the future;
    • Brownley (CA) amendment (No. 39 printed in part B of H. Rept. 114-29) that seeks to create a grant program for states to create or expand biliteracy seal programs to recognize student proficiency in speaking, reading, and writing in both English and a second language for graduating high school seniors;
    • Loebsack amendment (No. 40 printed in part B of H. Rept. 114-29) that seeks to support the expansion of the use of digital learning through competitive grants to partnerships to implement and evaluate the results of technology-based learning practices, strategies, tools, or programs at rural schools; and
    • Polis amendment (No. 41 printed in part B of H. Rept. 114-29) that seeks to authorize–but does not appropriate funds–for the Secretary of Education to provide grants for: early-childhood education scholarships, professional development and licensing credentials, or increased compensation for educators who have attained specific qualifications.
  • H. Res. 125, the rule providing for further consideration of the bill (H.R. 5), was agreed to by recorded vote of 234 ayes to 184 noes, Roll No. 93, after the previous question was ordered by a yea-and-nay vote of 234 yeas to 177 nays, Roll No. 93.
  • A point of order was raised against the consideration of H. Res. 125 and it was agreed to proceed with consideration of the resolution by a yea-and-nay vote of 224 yeas to 167 nays, Roll No. 91.

Today:

  • On Friday, the House will meet at 9:00 a.m. for legislative business. First votes expected: 10:20-11:20 a.m. Last votes expected: TBD
  • H.J. Res. 35 – Making further continuing appropriations for fiscal year 2015, and for other purposes (Closed Rule, One Hour of Debate) (Sponsored by Rep. Hal Rogers / Appropriations Committee)
  • Motion to go to Conference on H.R. 240 – Department of Homeland Security Appropriations Act, 2015 and Democratic Motion to Instruct Conferees
  • Complete Consideration of H.R. 5 – Student Success Act, Rules Committee Print (Structured Rule) (Sponsored by Rep. John Kline / Education and the Workforce Committee)
  • The Rule provides for no further general debate and makes in order the following amendments:
    • Reps. Schrader / Polis Amendment (10 minutes of debate)
    • Rep. Bennie Thompson Amendment (10 minutes of debate)
    • Rep. Bobby Scott Amendment (20 minutes of debate)
  • Postponed Amendment Votes:
    • Rep. Lee Zeldin Amendment
    • Rep. Will Hurd Amendment
    • Rep. Alan Grayson Amendment
    • Rep. Frederica Wilson Amendment #33
    • Rep. Andre Carson Amendment
    • Rep. Julia Brownley Amendment
    • Rep. David Loebsack Amendment
    • Rep. Jared Polis (for Grace Meng) Amendment

 

Senate

 

Yesterday:

  • Measures Considered: Department of Homeland Security Appropriations Act–Cloture: Senate began consideration of H.R. 240, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2015, after agreeing to the motion to proceed, and taking action on the following amendments and motions proposed thereto:
  • Pending:
    • McConnell (for Cochran) Amendment No. 255, in the nature of a substitute.
    • McConnell Amendment No. 256 (to Amendment No. 255), to change the enactment date.
    • McConnell Amendment No. 257 (to the language proposed to be stricken by Amendment No. 255), to change the enactment date.
    • McConnell Amendment No. 258 (to Amendment No. 257), of a perfecting nature.
    • McConnell motion to commit the bill to the Committee on Appropriations, with instructions, McConnell Amendment No. 259, to change the enactment date.
    • McConnell Amendment No. 260 (to (the instructions) Amendment No. 259), of a perfecting nature.
    • McConnell Amendment No. 261 (to Amendment No. 260), of a perfecting nature.
  • A motion was entered to close further debate on the bill, and, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, and pursuant to the unanimous-consent agreement of Thursday, February 26, 2015, a vote on cloture will occur at 10 a.m., on Friday, February 27, 2015.
  • A unanimous-consent-time agreement was reached providing that notwithstanding rule XXII, at 10 a.m., on Friday, February 27, 2015, Senate vote on the motion to invoke cloture on the bill; that if cloture is invoked, all post-cloture time be yielded back, with the exception of 10 minutes for Senator Lee, or his designee, and that following the use or yielding back of that time, the pending amendments with the exception of McConnell (for Cochran) Amendment No. 255 (listed above) be withdrawn, and Senate vote on or in relation to McConnell (for Cochran) Amendment No. 255; and Senate vote on passage of the bill as amended, if amended; and that there be two minutes of debate equally divided prior to a vote on the motion to invoke cloture on the motion to proceed to consideration of S. 534, to prohibit funds from being used to carry out certain Executive actions related to immigration.
  • A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 9:30 a.m., on Friday, February 27, 2015.
  • Immigration Rule of Law Act–Cloture: Senate began consideration of the motion to proceed to consideration of S. 534, to prohibit funds from being used to carry out certain Executive actions related to immigration.
    • A motion was entered to close further debate on the motion to proceed to consideration of the bill, and, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, and pursuant to the unanimous-consent agreement of Thursday, February 26, 2015, a vote on cloture will occur upon disposition of H.R. 240, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2015.

Today:

  • Following any Leader remarks, the Senate will resume consideration of H.R.240, DHS appropriations.
  • Prior to adjourning, Senator McConnell yielded back all post-cloture debate time and the motion to proceed to H.R.240, DHS appropriations, was agreed to. Senator McConnell then offered Cochran amendment #255 (clean DHS funding), filled the amendment tree with technical amendments, and filed cloture on the underlying bill. He then moved to proceed to S.534 (Collins immigration bill) and filed cloture on the motion. By consent, notwithstanding Rule 22, at approximately 10:10am the Senate will proceed to a series of roll call votes including the following:
    • Approximately 10:10am—4 roll call votes:
      • Cloture on H.R.240, DHS appropriations
      • Adoption of Cochran amendment #255
      • Passage of H.R.240, Department of Homeland Security appropriations
      • Cloture on the motion to proceed to S.534, a bill to prohibit funds from being used to carry out certain Executive actions related to immigration and for other purposes.
    • Senator Lee may also move to table one of the tree filler amendments in an effort to offer an amendment.

 

Hearings Covered by W&J Today

 

None

 

Notable Legislation Introduced Yesterday

 

ENERGY

S.577 : A bill to amend the Clean Air Act to eliminate the corn ethanol mandate for renewable fuel.
Sponsor: Sen Toomey, Pat [PA] (introduced 2/26/2015) Cosponsors (2)
Committees: Senate Environment and Public Works
Latest Major Action: 2/26/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Environment and Public Works.

S.585 : A bill to amend the Natural Gas Act with respect to the exportation of natural gas, and for other purposes.
Sponsor: Sen Markey, Edward J. [MA] (introduced 2/26/2015) Cosponsors (3)
Committees: Senate Banking, Housing, and Urban Affairs
Latest Major Action: 2/26/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

S.600 : A bill to require the Secretary of Energy to establish an energy efficiency retrofit pilot program.
Sponsor: Sen Klobuchar, Amy [MN] (introduced 2/26/2015) Cosponsors (5)
Committees: Senate Energy and Natural Resources
Latest Major Action: 2/26/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Energy and Natural Resources.

S.601 : A bill to direct Federal investment in carbon capture and storage and other clean coal technologies, and for other purposes.
Sponsor: Sen Heitkamp, Heidi [ND] (introduced 2/26/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 2/26/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

FINANCIAL SERVICES

H.R.1097 : To amend the Securities Exchange Act of 1934 to prohibit trading on material inside information.
Sponsor: Rep Lynch, Stephen F. [MA-8] (introduced 2/26/2015) Cosponsors (None)
Committees: House Financial Services
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.1098 : To amend the Securities Exchange Act of 1934 to prohibit mandatory pre-dispute arbitration agreements, and for other purposes.
Sponsor: Rep Ellison, Keith [MN-5] (introduced 2/26/2015) Cosponsors (17)
Committees: House Financial Services
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.1113 : To amend the Truth in Lending Act to provide a safe harbor from certain requirements related to qualified mortgages for residential mortgage loans held on an originating insured depository institution’s portfolio, and for other purposes.
Sponsor: Rep Barr, Andy [KY-6] (introduced 2/26/2015) Cosponsors (16)
Committees: House Financial Services
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services

S.576 : A bill to increase the threshold for disclosures required by the Securities and Exchange Commission relating to compensatory benefit plans, and for other purposes.
Sponsor: Sen Toomey, Pat [PA] (introduced 2/26/2015) Cosponsors (1)
Committees: Senate Banking, Housing, and Urban Affairs
Latest Major Action: 2/26/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

HEALTH

S.584 : A bill to amend title XVIII of the Social Security Act to provide the option to receive Medicare Summary Notices electronically, to increase the flexibility and transparency of contracts with medicare administrative contractors, and for other purposes.
Sponsor: Sen Thune, John [SD] (introduced 2/26/2015) Cosponsors (1)
Committees: Senate Finance
Latest Major Action: 2/26/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TAX

H.R.1104 : To amend the Internal Revenue Code of 1986 to provide a deduction from the gift tax for gifts made to certain exempt organizations.
Sponsor: Rep Roskam, Peter J. [IL-6] (introduced 2/26/2015) Cosponsors (None)
Committees: House Ways and Means
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.1105 : To amend the Internal Revenue Code of 1986 to repeal the estate and generation-skipping transfer taxes, and for other purposes.
Sponsor: Rep Brady, Kevin [TX-8] (introduced 2/26/2015) Cosponsors (3)
Committees: House Ways and Means
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.1125 : To amend the Internal Revenue Code of 1986 to provide for tax preferred savings accounts for individuals under age 18, and for other purposes.
Sponsor: Rep Hanna, Richard L. [NY-22] (introduced 2/26/2015) Cosponsors (1)
Committees: House Ways and Means
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.1142 : To amend the Internal Revenue Code of 1986 to make permanent and expand the temporary minimum credit rate for the low-income housing tax credit program.
Sponsor: Rep Tiberi, Patrick J. [OH-12] (introduced 2/26/2015) Cosponsors (17)
Committees: House Ways and Means
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.1143 : To amend the Internal Revenue Code of 1986 to extend the credit for health insurance costs of certain Pension Benefit Guaranty Corporation pension recipients.
Sponsor: Rep Turner, Michael R. [OH-10] (introduced 2/26/2015) Cosponsors (None)
Committees: House Ways and Means
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.1145 : To amend the Internal Revenue Code of 1986 to include biomass heating appliances for tax credits available for energy-efficient building property and energy property.
Sponsor: Rep Welch, Peter [VT] (introduced 2/26/2015) Cosponsors (1)
Committees: House Ways and Means
Latest Major Action: 2/26/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

S.591 : A bill to amend the Internal Revenue Code of 1986 to permanently extend the new markets tax credit, and for other purposes.
Sponsor: Sen Blunt, Roy [MO] (introduced 2/26/2015) Cosponsors (3)
Committees: Senate Finance
Latest Major Action: 2/26/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

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