[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3036 Referred in Senate (RFS)]

  2d Session
                                H. R. 3036


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 22 (legislative day, September 17), 2008

                                Received

            October 2 (legislative day, September 17), 2008

  Read twice and referred to the Committee on Environment and Public 
                                 Works

_______________________________________________________________________

                                 AN ACT


 
 To reauthorize and enhance the National Environmental Education Act, 
                        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 ``No Child Left Inside Act of 2008''.

SEC. 2. NATIONAL ENVIRONMENTAL EDUCATION ACT AMENDMENTS.

    (a) Definitions.--Section 3 of the National Environmental Education 
Act (20 U.S.C. 5502) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) in paragraph (13), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(14) `principles of scientific research' means principles 
        of research that--
                    ``(A) apply rigorous, systematic, and objective 
                methodology to obtain reliable and valid knowledge 
                relevant to education activities and programs;
                    ``(B) present findings and make claims that are 
                appropriate to, and supported by, the methods that have 
                been employed; and
                    ``(C) include, appropriate to the research being 
                conducted--
                            ``(i) use of systematic, empirical methods 
                        that draw on observation or experiment;
                            ``(ii) use of data analyses that are 
                        adequate to support the general findings;
                            ``(iii) reliance on measurements or 
                        observational methods that provide reliable and 
                        generalizable findings;
                            ``(iv) strong claims of causal 
                        relationships, only with research designs that 
                        eliminate plausible completing explanations for 
                        observed results, such as, but not limited to, 
                        random-assignment experiments;
                            ``(v) presentation of studies and methods 
                        in sufficient detail and clarity to allow for 
                        replication or, at a minimum, to offer the 
                        opportunity to build systematically on the 
                        findings of the research;
                            ``(vi) acceptance by a peer-reviewed 
                        journal or critique by a panel of independent 
                        experts through a comparably rigorous, 
                        objective, and scientific review; and
                            ``(vii) consistency of findings across 
                        multiple studies or sites to support the 
                        generality of results and conclusions;
            ``(15) `scientifically valid research' includes applied 
        research, basic research, and field-initiated research in which 
        the rationale, design, and interpretation are soundly developed 
        in accordance with principles of scientific research;
            ``(16) `State' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 1965; and
            ``(17) `State educational agency' has the meaning given 
        such term in section 9101 of the Elementary and Secondary 
        Education Act of 1965.''.
    (b) Environmental Education and Training Program.--Section 5 of the 
National Environmental Education Act (20 U.S.C. 5504) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``creating opportunities 
                        for enhanced and ongoing professional 
                        development and'' before ``classroom''; and
                            (ii) by inserting ``(including integrating 
                        scientifically valid research teaching methods 
                        and technology-based teaching methods into the 
                        curriculum)'' after ``practices'';
                    (B) in paragraph (3)--
                            (i) by striking ``curriculum, including'' 
                        and inserting ``curriculum (including'';
                            (ii) by striking ``groups;'' and inserting 
                        ``groups) which--''; and
                            (iii) by adding at the end the following:
                    ``(A) are aligned with challenging State and local 
                academic content standards to the extent such standards 
                exist; and
                    ``(B) advance the teaching of interdisciplinary 
                courses that integrate the study of natural, social, 
                and economic systems and that include strong field 
                components;'';
                    (C) in paragraph (7), by striking ``and forums;'' 
                and inserting ``forums, and bringing teachers into 
                contact with working professionals in environmental 
                fields to expand such teachers' subject matter 
                knowledge of, and research in, environmental issues;'';
                    (D) in paragraph (8), by striking ``; and'' and 
                inserting ``, including environmental education 
                distance learning programs for teachers using curricula 
                that are innovative, content-based, and based on 
                scientifically valid research that is current as of the 
                date of the program involved;'';
                    (E) by redesignating paragraph (9) as paragraph 
                (13);
                    (F) by redesignating paragraphs (4) through (8) as 
                paragraphs (5) through (9), respectively;
                    (G) by inserting after paragraph (3) the following:
            ``(4) encouraging individuals traditionally under-
        represented in environmental careers to pursue postsecondary 
        degrees in majors leading to such careers;''; and
                    (H) by inserting after paragraph (9) (as so 
                redesignated) the following:
            ``(10) establishment of programs to prepare teachers at a 
        school to provide environmental education professional 
        development to other teachers at the school and programs to 
        promote outdoor environmental education activities as part of 
        the regular school curriculum and schedule in order to further 
        the knowledge and development of teachers and students;
            ``(11) summer workshops or institutes, including follow-up 
        training, for elementary and secondary school environmental 
        education teachers;
            ``(12) encouraging mid-career environmental professionals 
        to pursue careers in environmental education; and''; and
            (2) in subsection (c)(1), by inserting ``, in consultation 
        with the Secretary,'' after ``Administrator''.
    (c) Authorization.--Section 11(a) of the National Environmental 
Education Act (20 U.S.C. 5510(a)) is amended by striking ``Act'' and 
all that follows through the period at the end and inserting ``Act, 
except for section 11, $14,000,000 for fiscal year 2009.''.
    (d) National Capacity Environmental Education Grant Program; 
Accountability.--The National Environmental Education Act (20 U.S.C. 
5501 et seq.) is amended--
            (1) by redesignating section 11 as section 13; and
            (2) by inserting after section 10 the following:

``SEC. 11. NATIONAL CAPACITY ENVIRONMENTAL EDUCATION GRANT PROGRAM.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants, on a competitive basis, to nonprofit organizations, 
        State educational agencies, local educational agencies, 
        municipalities, or institutions of higher education that have 
        demonstrated expertise and experience in the development of the 
        institutional, financial, intellectual, or policy resources 
        needed to help the field of environmental education become more 
        effective and widely practiced. Notwithstanding any other 
        provision of this section, a State educational agency, a local 
        educational agency, an institution of higher education, a 
        municipality, or a not-for-profit organization may use funds 
        provided under this section to coordinate with any program or 
        unit operated by a Federal Natural Resource Management Agency 
        to carry out environmental education programs based on the full 
        range of the resources and mission of the Agency.
            ``(2) Duration.--The Secretary shall award each grant under 
        this section for a period of not less than 1 year and not more 
        than 3 years.
    ``(b) Use of Funds.--Grant funds made available under this section 
shall be used for 1 or more of the following:
            ``(1) Developing and implementing challenging State 
        academic content standards, student academic achievement 
        standards, and State curriculum frameworks in environmental 
        education, including the need to balance conservation of the 
        environment with the development of the Nation's energy 
        resources.
            ``(2) Replicating or disseminating information about proven 
        and tested model environmental education programs that--
                    ``(A) use the environment as an integrating theme 
                or content throughout the curriculum;
                    ``(B) provide integrated, interdisciplinary 
                instruction about natural, social, and economic systems 
                along with field experience that provides students with 
                opportunities to directly experience nature in ways 
                designed to improve overall academic performance, self-
                esteem, personal responsibility, community involvement, 
                personal health (including addressing child obesity 
                issues), or their understanding of nature;
                    ``(C) provide integrated instruction on waste 
                reduction, reuse, recycling, and composting programs 
                and, when possible, promote such activities within the 
                school; or
                    ``(D) address issues of environmental justice, 
                including policies and methods for eliminating 
                disparate enforcement of environmental laws and 
                regulations, including with respect to low-income 
                communities.
            ``(3) Developing and implementing new policy approaches to 
        environmental education, which shall include a discussion of--
                    ``(A) the benefits and costs to the environment and 
                to consumers regarding increasing  the  supply of 
                energy produced in the United States from--
                            ``(i) oil and gas drilling;
                            ``(ii) nuclear power;
                            ``(iii) new coal technologies; and
                            ``(iv) clean renewable and alternative 
                        sources of energy, including wind,  solar, 
                        geothermal, hydropower,  and advanced biofuels; 
                        and
                    ``(B) the best strategies for reducing energy 
                consumption through  an enhanced emphasis on  
                efficiency and conservation.
            ``(4) Conducting studies of national significance that--
                    ``(A) evaluate the effectiveness of teaching 
                environmental education as a separate subject, and as 
                an integrating concept or theme;
                    ``(B) evaluate the effectiveness of using 
                environmental education in helping students improve 
                their assessment scores in mathematics, reading or 
                language arts, science, and the other core academic 
                subjects; or
                    ``(C) evaluate ways to coordinate activities under 
                this Act with existing Federal science teacher in-
                service training or professional development programs.
            ``(5) Executing projects that advance widespread State and 
        local educational agency adoption and use of environmental 
        education content standards, including adoption and use of such 
        standards in textbook selection criteria.
            ``(6) Developing a State environmental literacy plan that 
        includes the following:
                    ``(A) A description of how the State educational 
                agency will measure the environmental literacy of 
                students, including--
                            ``(i) relevant State academic content 
                        standards and content areas regarding 
                        environmental education, and courses or 
                        subjects where environmental education 
                        instruction will take place; and
                            ``(ii) a description of the relationship of 
                        the plan to the secondary school graduation 
                        requirements of the State.
                    ``(B) A description of programs for professional 
                development for teachers to improve the teachers'--
                            ``(i) environmental content knowledge;
                            ``(ii) skill in teaching about 
                        environmental issues; and
                            ``(iii) field-based pedagogical skills.
                    ``(C) A description of how the State educational 
                agency will implement the plan, including securing 
                funding and other necessary support.
            ``(7) Developing evidence-based approaches to build 
        capacity to increase the number of elementary and secondary 
        environmental educators.
    ``(c) Applications.--Each municipality, nonprofit organization, 
State educational agency, local educational agency, or institution of 
higher education desiring a grant under this section shall submit to 
the Secretary an application that contains a plan to initiate, expand, 
or improve environmental education programs in order to make progress 
toward meeting State standards for environmental learning (to the 
extent such standards exist) and environmental literacy and contains an 
evaluation and accountability plan for activities assisted under this 
section that includes rigorous objectives that measure the impact of 
activities funded under this section. Such application may describe how 
the applicant has partnered, or intends to partner, with a State and 
local park and recreation department.
    ``(d) Requirements.--
            ``(1) Annual report.--In order to continue receiving grant 
        funds under this section after the first year of a multi-year 
        grant under this section, the grantee shall submit to the 
        Secretary an annual report that--
                    ``(A) describes the activities assisted under this 
                section that were conducted during the preceding year;
                    ``(B) describes the results of the grantee's 
                evaluation and accountability plan; and
                    ``(C) demonstrates that the grantee has undertaken 
                activities to accomplish at least one of the following:
                            ``(i) Responsibly preparing children to 
                        understand and address major challenges facing 
                        the United States, such as increasing the 
                        supply of clean energy, climate change, 
                        environmental health risks, and environmental 
                        disaster and emergency preparedness.
                            ``(ii) Supporting systemic education reform 
                        by strengthening environmental education as an 
                        integral part of the elementary school and 
                        secondary school curriculum.
                            ``(iii) Helping ensure that all students 
                        meet challenging State academic content and 
                        student academic achievement standards in 
                        environmental learning.
                            ``(iv) Supporting efforts to enable 
                        students to engage in environmental education.
                            ``(v) Leveraging and expanding private and 
                        public support for environmental education 
                        partnerships at national, State, and local 
                        levels.
                            ``(vi) Awarding grants to initiate, expand, 
                        or improve environmental education programs for 
                        elementary and secondary students.
                            ``(vii) Restoring and increasing field 
                        experiences as part of the regular school 
                        curriculum and schedule in order to improve 
                        students' overall academic performance, self-
                        esteem, personal responsibility, community 
                        involvement, personal health (including 
                        addressing child obesity issues), and 
                        understanding of nature.
            ``(2) Administrative expenses.--Not more than 5 percent of 
        the grant funds made available to a nonprofit organization, 
        State educational agency, local educational agency, or 
        institution of higher education under this section for any 
        fiscal year may be used for administrative expenses.
            ``(3) State environmental literacy plans.--
                    ``(A) In general.--A State educational agency 
                receiving a grant under this section shall--
                            ``(i) have a State environmental literacy 
                        plan that is consistent with the requirements 
                        of subsection (b)(6) and that is peer reviewed 
                        within the State by a panel composed of experts 
                        in environmental education and representatives 
                        from other related State agencies; or
                            ``(ii) develop a State environmental 
                        literacy plan described in subsection (b)(6) 
                        with funds made available under this section 
                        prior to using the grant funds for any other 
                        purpose.
                    ``(B) Peer review.--If an environmental literacy 
                plan described in subparagraph (A)(i) has not been peer 
                reviewed within the State, the State educational 
                agency, notwithstanding subsection (b), shall use funds 
                made available under this section to complete such 
                review, as described in such subparagraph, prior to 
                using the grant funds for any other purpose.
                    ``(C) Other grantees.--An applicant for a grant 
                under this section that is not a State educational 
                agency and applies for funding to be used for the 
                purpose described in subsection (b)(6) shall 
                demonstrate in the application that the applicant has 
                consulted with the State educational agency about such 
                use of funds.
    ``(e) Administrative Provisions.--
            ``(1) Federal share.--The Federal share under this section 
        shall not exceed--
                    ``(A) 90 percent of the total cost of a program 
                assisted under this section for the first year for 
                which the program receives assistance under this 
                section;
                    ``(B) 75 percent of such cost for the second; and
                    ``(C) 50 percent of such cost for each subsequent 
                such year.
            ``(2) Report to congress.--Not later than one year after 
        enactment of this bill, the Secretary shall submit to the 
        Committee on Education and Labor of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate a report that--
                    ``(A) describes the programs assisted under this 
                section;
                    ``(B) documents the success of such programs in 
                improving national and State environmental education 
                capacity; and
                    ``(C) makes such recommendations as the Secretary 
                determines appropriate for the continuation and 
                improvement of the programs assisted under this 
                section.
            ``(3) Availability of funds.--Amounts made available to the 
        Secretary to carry out this section shall remain available 
        until expended.
    ``(f) Supplement, Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, any other 
Federal, State, or local funds available for environmental education 
activities.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2009.

``SEC. 12. ACCOUNTABILITY.

    ``(a) Quality Indicators.--The Administrator, the Secretary, and 
the Foundation each shall establish indicators of program quality for 
the programs and activities funded under this Act (other than 
fellowship awards funded under section 7) that such official or entity 
administers.
    ``(b) Minimum Indicators.--Such indicators of program quality, at a 
minimum, shall--
            ``(1) enhance understanding of the natural and built 
        environment;
            ``(2) foster a better appreciation of the interdisciplinary 
        nature of environmental issues and conditions;
            ``(3) increase achievement in related areas of national 
        interest, such as mathematics and science;
            ``(4) increase understanding of the benefits of exposure to 
        the natural environment;
            ``(5) improve understanding of how human and natural 
        systems interact together;
            ``(6) broaden awareness of environmental issues; and
            ``(7) include such other indicators as the Administrator, 
        Secretary, or Foundation may develop.
    ``(c) Report.--Each recipient receiving funds under this Act, other 
than fellowship recipients under section 7, shall report annually to 
the Administrator, the Secretary, or the Foundation regarding progress 
made in meeting the minimum indicators of program quality established 
under subsection (b). The Administrator, the Secretary, and the 
Foundation shall disseminate such information widely to the public 
through electronic and other means.''.
    (e) Restrictions on Federal Government and Use of Federal Funds.--
The National Environmental Education Act (20 U.S.C. 5501 et seq.), as 
amended by subsection (d), is further amended by adding at the end the 
following:

``SEC. 14. RESTRICTIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

    ``(a) General Prohibition.--Nothing in this Act shall be construed 
to authorize an officer or employee of the Federal Government to 
mandate, direct, or control a State, local educational agency, or 
school's curriculum, program of instruction, specific instructional 
content, academic achievement standards, assessments, or allocation of 
State or local resources, or mandate a State or any subdivision thereof 
to spend any funds or incur any costs not paid for under this Act.
    ``(b) Prohibition on Endorsement of Curriculum.--No funds provided 
to the Administrator or Secretary under this Act may be used by the 
Agency or Department of Education to endorse, approve, or sanction any 
curriculum designed to be used in an elementary school or secondary 
school.
    ``(c) Prohibition on Requiring Federal Approval or Certification of 
Standards.--No State shall be required to have academic content or 
student academic achievement standards approved or certified by the 
Federal Government, in order to receive assistance under this Act.
    ``(d) Restrictions on Partisan Political Influence.--
            ``(1) In general.--In carrying out the activities described 
        in this Act, the Administrator and Secretary shall ensure that 
        such activities--
                    ``(A) conform to high standards of quality, 
                integrity, and accuracy;
                    ``(B) are objective, neutral, and nonideological 
                and are free of partisan political influence; and
                    ``(C) do not advocate a particular political 
                viewpoint.
            ``(2) Actions to implement and enforce.--The Administrator 
        and Secretary shall take such actions as are necessary to 
        ensure that the provisions of this section are vigorously 
        implemented and enforced.''.
    (f) Conforming Amendment.--The table of contents in section 1(b) of 
the National Environmental Education Act (20 U.S.C. 5501 note) is 
amended by striking the item relating to section 11 and inserting the 
following:

``Sec. 11. National capacity environmental education grant program.
``Sec. 12. Accountability.
``Sec. 13. Authorization.
``Sec. 14. Restrictions on Federal Government and use of Federal 
                            funds.''.

            Passed the House of Representatives September 18, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.