Today’s Daily Update

The Senate will resume consideration of S.1177, Every Child Achieves Act. The House will complete consideration of H.R. 2822 – Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 and begin consideration of H.R. 6 – 21st Century Cures Act.

House

 

Yesterday:

  • Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016: The House continued consideration of H.R. 2822, making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2016. Consideration began on June 25th.
    • Agreed to:
      • Pearce amendment that was debated on July 7 that prohibits the use of funds to increase the rate of any royalty required to be paid to the United States for oil and gas produced on Federal land, or to prepare or publish a proposed rule relating to such an increase (by a recorded vote of 231 ayes to 198 noes, Roll No. 408);
      • Hardy amendment that was debated on July 7 that prohibits the use of funds to make a Presidential declaration by public proclamation of a national monument under chapter 3203 of title 54, United States Code in the counties of Mohave and Cococino in the State of Arizona, in the counties of Modoc and Siskiyou in the State of California, in the counties of Chaffee, Moffat, and Park in the State of Colorado, in the counties of Lincoln, Clark, and Nye in the State of Nevada, in the county of Otero in the State of New Mexico, in the counties of Jackson, Josephine and Malheur in the State of Oregon, or in the counties of Wayne, Garfield, and Kane in the State of Utah (by a recorded vote of 222 ayes to 206 noes, Roll No. 409); and
      • Buck amendment that prohibits the use of funds to be used to pay the salaries and expenses of personnel or any other entity to negotiate or conclude a settlement with the Federal Government that includes terms requiring the defendant to donate or contribute funds to an organization or individual.
    • Rejected:
      • Garamendi amendment that was debated on June 25 that sought to reduce funding for the Bureau of Land Management by $4,010,000 and increase funding for the US Fish and Wildlife Service by $3,902,000 (by a recorded vote of 181 ayes to 244 noes, Roll No. 393);
      • Capps amendment that was debated on June 25 that sought to increase funding by offset, for Inland Oil Spill Programs, by $5,434,000 (by a recorded vote of 184 ayes to 243 noes, Roll No. 394);
      • Sablan amendment that was debated on June 25 that sought to increase funding, by offset, for Insular Affairs by $5,000,000 (by a recorded vote of 183 ayes to 245 noes, Roll No. 395);
      • Castor (FL) amendment that was debated on June 25 that sought to redirect funding within Environmental Programs and Management, by $1,913,000 (by a recorded vote of 188 ayes to 239 noes, Roll No. 396);
      • Grijalva amendment that was debated on July 7 that sought to strike section 423, relating to stream buffers (by a recorded vote of 189 ayes to 239 noes, Roll No. 397);
      • Tsongas amendment that was debated on July 7 that sought to strike section 425, relating to the limitation on the use of funds for National Ocean Policy (by a recorded vote of 191 ayes to 238 noes, Roll No. 398);
      • Grijalva amendment that was debated on July 7 that sought to strike section 433, relating to the availability of vacant grazing allotments (by a recorded vote of 178 ayes to 251 noes, Roll No. 399);
      • Polis amendment that was debated on July 7 that sought to strike section 437, relating to the use of funds for the social cost of carbon (by a recorded vote of 186 ayes to 243 noes, Roll No. 400);
      • Edwards amendment that was debated on July 7 that sought to strike section 438, which provides for a limitation on the use of funds regarding ozone standards (by a recorded vote of 180 ayes to 249 noes, Roll No. 401);
      • Lawrence amendment (No. 13 printed in the Congressional Record of June 24, 2015) that was debated on July 7 that sought to strike section 439, which provides for prohibitions regarding hydraulic fracturing (by a recorded vote of 179 ayes to 250 noes, Roll No. 402);
      • Polis amendment that was debated on July 7 that sought to prohibit the use of funds in contravention of Public Law 94-579 (by a recorded vote of 192 ayes to 237 noes, Roll No. 403);
      • Tsongas amendment that was debated on July 7 that sought to prohibit the use of funds to implement or enforce sections 117, relating to Sage-Grouse, section 121 relating to reissuance of rules (wolves), and section 122 relating to the Northern Long Eared Bat (by a recorded vote of 186 ayes to 243 noes, Roll No. 404);
      • Grijalva amendment that was debated on July 7 that sought to prohibit the use of funds to implement or enforce section 120, with respect to ivory (by a recorded vote of 183 ayes to 244 noes, Roll No. 405);
      • Beyer amendment that was debated on July 7 that sought to prohibit the use of funds in contravention of Executive Orders regarding climate change (by a recorded vote of 189 ayes to 237 noes, Roll No. 406); and
      • Blackburn amendment (No. 6 printed in the Congressional Record of June 24, 2015) that was debated on July 7 that sought to reduce funds by 1 percent across-the-board (by a recorded vote of 168 ayes to 258 noes, Roll No. 407).
    • Withdrawn:
      • Buck amendment that was offered and subsequently withdrawn that would have prohibited the use of funds to pay retention bonuses to Senior Executive Service personnel at the Environmental Protection Agency; not more than $50,000 to be made available to be used by the Department of the Interior to conduct a study on whether Agricola Americus should be classified as an endangered species.
    • Proceedings Postponed:
      • Ellison amendment that seeks to prohibit the use of funds to enter into contracts with any person whose disclosures of a proceeding with a disposition listed in United States Code, in the Federal Awardee Performance and Integrity Information System include the term ”Fair Labor Standards Act” and such disposition is listed as ”willful” or ”repeated”;
      • Buck amendment that seeks to prohibit the use of funds to pay a Federal employee for any period of time during which such employee is using official time under United States Code;
      • Grothman amendment that seeks to prohibit the use of funds to regulate the location of the placement of a monitor of pollutants under the Clean Air Act in any county provided such county has at least one monitor;
      • Sanford amendment that seeks to prohibit the use of funds for oil and gas lease sale 260 included in the Draft Proposed Outer Continental Shelf (OCS) oil and Gas Leasing program for 2017-2022 (DPP), or in any subsequent proposed or final iteration of such Program;
      • Palmer amendment that seeks to prohibit the use of funds for grants under title VII, subtitle G of the Energy Policy Act of 2005 and to reduce funds for EPA-State and Tribal Assistance Grants as well as grants under title VII, subtitle G of the Energy Policy Act by $50,000,000 in each instance;
      • Palmer amendment that seeks to prohibit the use of funds by the Environmental Protection Agency to carry out the powers granted under section 3063 of title 18, United States Code; and
      • Calvert amendment that seeks to prohibit the use of funds to prohibit the display the flag of the United States or the POW/MIA flag, or the decoration of graves with flags in the National Park Service national cemeteries as provided in National Park Service Director’s order #61 or to contravene the National Park Service memorandum dated June 24, 2015 with the subject line containing the words ”Immediate Action Required, No Reply Needed” with respect to sales items.
  • H. Res. 333, the rule providing for consideration of the bills (H.R. 2822) and (H.R. 2042) was agreed to on June 24th.
  • Student Success Act: The House passed H.R. 5, to support State and local accountability for public education, protect State and local authority, and inform parents of the performance of their children’s schools, by a recorded vote of 218 ayes to 213 noes, Roll No. 423. Consideration began February 25th.
    • Rejected the Esty motion to recommit the bill to the Committee on Education and the Workforce with instructions to report the same back to the House forthwith with an amendment, by a recorded vote of 185 ayes to 244 noes, Roll No. 422.
    • Pursuant to H. Res. 125, it was made in order to consider the further amendments printed in part A of H. Rept. 114-192 as though they were the last further amendments printed in part B of H. Rept. 114-29.
    • Agreed to:
      • Rokita amendment (No. 45 printed in part A of H. Rept. 114-192) that sets the authorization from fiscal year 2016 through 2019;
      • Zeldin amendment (No. 30 printed in part B of H. Rept. 114-29) that was debated on February 26 that allows a State to withdraw from the Common Core Standards or any other specific standards (by a recorded vote of 373 ayes to 57 noes, Roll No. 410);
      • Hurd amendment (No. 31 printed in part B of H. Rept. 114-29) that was debated on February 26 that expresses the sense of Congress that students’ personally identifiable information is important to protect as applied to current law and this act (by a recorded vote of 424 ayes to 2 noes, Roll No. 411);
      • Loebsack amendment (No. 40 printed in part B of H. Rept. 114-29) that was debated on February 26 that supports 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 (by a recorded vote of 218 ayes to 213 noes, Roll No. 416); and
      • Salmon amendment (No. 47 printed in part A of H. Rept. 114-192) that allows parents to opt their student out of the testing required under this bill and exempt schools from including students that have opted out in the schools’ participation requirements (by a recorded vote of 251 ayes to 178 noes, Roll No. 420).
    • Rejected:
      • Grayson amendment (No. 32 printed in part B of H. Rept. 114-29) that was debated on February 26 that sought to require the Secretary of Education to conduct an assessment of the impact of school start times on student health, well-being, and performance (by a recorded vote of 199 ayes to 228 noes, Roll No. 412);
      • Wilson (FL) amendment (No. 33 printed in part B of H. Rept. 114-29) that was debated on February 26 that sought to provide for school dropout prevention and re-entry and provide grants to raise academic achievement levels for all students (by a recorded vote of 192 ayes to 237 noes, Roll No. 413);
      • Carson (IN) amendment (No. 35 printed in part B of H. Rept. 114-29) that was debated on February 26 that sought 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 (by a recorded vote of 186 ayes to 245 noes, Roll No. 414);
      • Brownley (CA) amendment (No. 39 printed in part B of H. Rept. 114-29) that was debated on February 26 that sought 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 (by a recorded vote of 191 ayes to 239 noes, Roll No. 415);
      • Polis amendment (No. 41 printed in part B of H. Rept. 114-29) that was debated on February 26 that sought 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 (by a recorded vote of 205 ayes to 224 noes, Roll No. 417);
      • Thompson (MS) amendment (No. 43 printed in part B of H. Rept. 114-29) that was debated on February 27 that sought to require that The Student Success Act shall not go into effect until the Secretary of Education determine that its enactment will not reduce the college and career readiness of racial or ethnic minority students, students with disabilities, English learners, and low-income students and provide written notification to Congress on such determination (by a recorded vote of 189 ayes to 241 noes, Roll No. 241);
      • Walker amendment (No. 46 printed in part A of H. Rept. 114-192) that sought to add A-PLUS, which would send funding under NCLB back to states in the form of block grants, and states would then be able to direct that funding to any education purpose under state law (by a recorded vote of 195 ayes to 235 noes, Roll No. 419); and
      • Scott (VA) amendment (No. 44 printed in part B of H. Rept. 114-29) that was debated on February that sought to repeal H.R. 5 and replace the bill text with a substitute amendment that provides robust funding levels, replaces the mandates of No Child Left Behind, and maintains civil rights and equity protections that ensure all students graduate from high school college- and career-ready (by a recorded vote of 187 ayes to 244 noes, Roll No. 421).
    • Withdrawn:
      • Polis amendment (No. 48 printed in part A of H. Rept. 114-192) that was offered and subsequently withdrawn that would have required states to have college- and career-ready standards and set performance, growth, and graduation rate targets for all student subgroups; also included performance targets for English language learners and students with disabilities.
  • Agreed that the Clerk be authorized to make technical and conforming changes to reflect the actions of the House.
  • H. Res. 347, the rule providing for the further consideration of the bill (H.R. 5) and consideration of the bill (H.R. 2647) was agreed to by a yea-and-nay vote of 242 yeas to 185 nays, Roll No. 392, after the previous question was ordered.

Today:

  • On Thursday, the House will meet at 10:00 a.m. for morning hour and 12:00 p.m. for legislative business. First and last votes expected: 3:15-4:15 p.m.
  • Legislation Considered Under Suspension of the Rules:
    • H.R. 2647 – Resilient Federal Forests Act of 2015, Rules Committee Print (Structured Rule) (Sponsored by Rep. Bruce Westerman / Agriculture Committee / Natural Resources Committee)
    • The Rule provides for one hour of general debate and makes in order the following amendments:
      • Rep. Jared Polis Amendment (10 minutes of debate)
      • Rep. Scott Tipton Amendment (10 minutes of debate)
      • Rep. Michelle Lujan Grisham Amendment (10 minutes of debate)
      • Rep. Derek Kilmer Amendment (10 minutes of debate)
  • Complete Consideration of H.R. 2822 – Department of the Interior, Environment, and Related Agencies Appropriations Act, 2016 (Modified Open Rule) (Sponsored by Rep. Ken Calvert / Appropriations Committee)
    • Postponed Amendment Votes:
      • Rep. Ryan Zinke Amendment
      • Rep. John Garamendi Amendment #2
      • Rep. Dan Newhouse Amendment
      • Rep. David Rouzer Amendment
      • Rep. Richard Hudson Amendment
      • Rep. Bob Goodlatte Amendment
      • Rep. Lynn Westmoreland Amendment
      • Rep. Doug LaMalfa Amendment
      • Rep. Keith Ellison Amendment
      • Rep. Ken Buck Amendment
      • Rep. Glenn Grothman Amendment
      • Rep. Mark Sanford Amendment
      • Rep. Gary Palmer Amendment #1
      • Rep. Gary Palmer Amendment #2
      • Rep. Ken Calvert Amendment
  • Begin Consideration of H.R. 6 – 21st Century Cures Act, Rules Committee Print (Structured Rule) (Sponsored by Rep. Fred Upton / Energy and Commerce Committee)
    • The Rule provides for one hour of general debate and makes in order eight amendments that will be considered on Friday.

 

Senate

 

Yesterday:

  • Measures Considered:
  • Every Child Achieves Act–Agreement: Senate continued consideration of S. 1177, to reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves, taking action on the following amendments proposed thereto:
    • Adopted:
      • By a unanimous vote of 98 yeas (Vote No. 222), Murray (for Reed/Cochran) Amendment No. 2085 (to Amendment No. 2089), to amend the Elementary and Secondary Education Act of 1965 regarding school librarians and effective school library programs.
      • Murray (for Warner) Amendment No. 2086 (to Amendment No. 2089), to enable the use of certain State and local administrative funds for fiscal support teams.
      • Alexander (for Rounds/Udall) Amendment No. 2078 (to Amendment No. 2089), to require the Secretary of Education and the Secretary of the Interior to conduct a study regarding elementary and secondary education in rural or poverty areas of Indian country.
      • By 56 yeas to 41 nays (Vote No. 224), Murray (for Tester) Amendment No. 2107 (to Amendment No. 2089), to restore sections of the Elementary and Secondary Education Act of 1965.
      • Murray/Mikulski Amendment No. 2124 (to Amendment No. 2089), to require schools to collect and report data on interscholastic sports.
      • Murray (for Bennet) Amendment No. 2115 (to Amendment No. 2089), to provide for a study on increasing the effectiveness of existing services and programs intended to benefit children.
    • Rejected:
      • By 47 yeas to 50 nays (Vote No. 223), Murray (for Hirono/Heller) Amendment No. 2109 (to Amendment No. 2089), to amend section 1111(b)(2)(B)(xi) to provide for additional disaggregation for local educational agencies with a total of not less than 1,000 Asian and Native Hawaiian or Pacific Islander students.
      • By 45 yeas to 52 nays (Vote No. 225), Alexander Amendment No. 2139 (to Amendment No. 2089), to allow States to let Federal funds for the education of disadvantaged children follow low-income children to the accredited or otherwise State-approved public school, private school, or supplemental educational services program they attend. (A unanimous-consent agreement was reached providing that the amendment, having failed to achieve 60 affirmative votes, was not agreed to.)
    • Pending:
      • Alexander/Murray Amendment No. 2089, in the nature of a substitute.
      • Alexander (for Fischer) Amendment No. 2079 (to Amendment No. 2089), to ensure local governance of education.
      • Murray (for Peters) Amendment No. 2095 (to Amendment No. 2089), to allow local educational agencies to use parent and family engagement funds for financial literacy activities.
      • Toomey Amendment No. 2094 (to Amendment No. 2089), to protect our children from convicted pedophiles, child molesters, and other sex offenders infiltrating our schools and from schools ”passing the trash”–helping pedophiles obtain jobs at other schools.
  • A unanimous-consent agreement was reached providing for further consideration of the bill at approximately 9:30 a.m., on Thursday, July, 9, 2015.

Today:

  • The Senate stands adjourned until 9:30am on Thursday, July 9. Following any leader remarks, the Senate will resume consideration of S.1177, Every Child Achieves Act.
  • Roll call votes in relation to amendments to the education bill are expected before lunch. Senator McConnell may make a compound motion to go to conference on the National Defense Authorization Act and file cloture. We could see votes relative to the motion to go to conference during Thursday’s session as well.
  • The following amendments are pending to S.1177, Every Child Achieves Act:
    • Alexander-Murray SA #2089 (substitute)
    • Fischer SA #2079 (local control)
    • Peters SA #2095 (financial literacy)
    • Toomey SA #2094 (background checks)

 

Hearings Covered by W&J Today

 

POLITICO’s Morning Money Breakfast Briefing
Ways & Means Chairman Paul Ryan (R-WI)

House Energy & Commerce Committee
“H.R. 702, Legislation to Prohibit Restrictions on the Export of Crude Oil”

House Judiciary Committee
H.R. ____, the “Financial Institution Bankruptcy Act Of 2015”

House Financial Services Committee
“The Dodd-Frank Act Five Years Later: Are We More Stable?”

Federal Deposit Insurance Corporation
Advisory Committee on Community Banking

Notable Legislation Introduced

 

CYBERSECURITY

H.R.2977 : To ensure the privacy and security of sensitive personal information, to prevent and mitigate identity theft, to provide notice of security breaches involving sensitive personal information, and to enhance law enforcement assistance and other protections against security breaches, fraudulent access, and misuse of personal information.
Sponsor: Rep Cicilline, David N. [RI-1] (introduced 7/8/2015) Cosponsors (11)
Committees: House Judiciary; House Energy and Commerce; House Financial Services; House Budget
Latest Major Action: 7/8/2015 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Financial Services, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

FINANCIAL SERVICES

H.R.2979 : To allow the Bureau of Consumer Financial Protection to provide greater protection to servicemembers.
Sponsor: Rep Duckworth, Tammy [IL-8] (introduced 7/8/2015) Cosponsors (13)
Committees: House Financial Services
Latest Major Action: 7/8/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.2982 : To amend title I of the National Housing Act to modify premium charges and the dollar amount limitation on loans for financing alterations, repairs, and improvements to, or conversion of, existing structures, including energy efficiency or water conserving home improvements, and for other purposes.
Sponsor: Rep Huffman, Jared [CA-2] (introduced 7/8/2015) Cosponsors (1)
Committees: House Financial Services
Latest Major Action: 7/8/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

H.R.2987 : To amend the Financial Stability Act of 2010 to clarify the treatment of certain debt and equity instruments of smaller institutions for purposes of capital requirements, and for other purposes.
Sponsor: Rep Meeks, Gregory W. [NY-5] (introduced 7/8/2015) Cosponsors (3)
Committees: House Financial Services
Latest Major Action: 7/8/2015 Referred to House committee. Status: Referred to the House Committee on Financial Services.

S.1722 : A bill to amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to repeal certain additional disclosure requirements, and for other purposes.
Sponsor: Sen Rounds, Mike [SD] (introduced 7/8/2015) Cosponsors (None)
Committees: Senate Banking, Housing, and Urban Affairs
Latest Major Action: 7/8/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

HEALTH

S.1718 : A bill to provide for the repeal of certain provisions of the Patient Protection and Affordable Care Act that have the effect of rationing health care.
Sponsor: Sen Roberts, Pat [KS] (introduced 7/8/2015) Cosponsors (None)
Committees: Senate Finance
Latest Major Action: 7/8/2015 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.

TAX

H.R.2963 : To amend the Internal Revenue Code of 1986 to encourage domestic insourcing and discourage foreign outsourcing.
Sponsor: Rep Pascrell, Bill, Jr. [NJ-9] (introduced 7/8/2015) Cosponsors (13)
Committees: House Ways and Means
Latest Major Action: 7/8/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.2971 : To amend the Internal Revenue Code of 1986 to bring certainty to the funding of the Highway Trust Fund, and for other purposes.
Sponsor: Rep Rice, Tom [SC-7] (introduced 7/8/2015) Cosponsors (None)
Committees: House Ways and Means
Latest Major Action: 7/8/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

H.R.2973 : To amend the Internal Revenue Code of 1986 to require for purposes of education tax credit that the student be lawfully present and that the taxpayer provide the social security number of the student and the employer identification number of the educational institution, and for other purposes.
Sponsor: Rep Black, Diane [TN-6] (introduced 7/8/2015) Cosponsors (None)
Committees: House Ways and Means
Latest Major Action: 7/8/2015 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

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