[Congressional Record Volume 155, Number 73 (Wednesday, May 13, 2009)]
[Daily Digest]
[Pages D547-D550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 25 public bills, H.R. 2378-
2402; and 6 resolutions, H. Con. Res. 125-126; and H.Res. 432-433, 435-
436 were introduced.                                     
  Pages H5580-81
Additional Cosponsors:                                   
  Pages H5581-82
Report Filed: A report was filed today as follows:
  H. Res. 434, providing for consideration of the bill (H.R. 2346) 
making supplemental appropriations for the fiscal year ending September 
30, 2009 (H. Rept. 111-107).                                 
Page H5580
Speaker: Read a letter from the Speaker wherein she appointed 
Representative Salazar to act as Speaker Pro Tempore for today. 
                                                             Page H5489

[[Page D548]]

Chaplain: The prayer was offered by the Guest Chaplain, Reverend 
Charles E. Smith, Berea Baptist Church, Forest Hill, Texas. 
                                                             Page H5489
Suspensions--Proceedings Resumed: The House agreed to suspend the rules 
and pass the following measures which were debated on Tuesday, May 
12th:
  Supporting the goals and objectives of a National Military 
Appreciation Month: H. Con. Res. 84, to support the goals and 
objectives of a National Military Appreciation Month, by a \2/3\ yea-
and-nay vote of 421 yeas with none voting ``nay'', Roll No. 247; 
                                                         Pages H5498-99
  Herbert A Littleton Postal Station Designation Act: H.R. 2162, to 
designate the facility of the United States Postal Service located at 
123 11th Avenue South in Nampa, Idaho, as the ``Herbert A Littleton 
Postal Station'', by a \2/3\ recorded vote of 420 ayes with none voting 
``no'', Roll No. 248; and                             
  Pages H5499-H5500
  Congratulating the American Dental Association for its 150th year: H. 
Res. 204, to congratulate the American Dental Association for its 150th 
year of working to improve the public's oral health and promoting 
dentistry, supporting initiatives to improve access to oral health care 
services for all Americans, and emphasizing the benefits of prevention 
of disease through support of community prevention initiatives and 
promotion of good oral hygiene, by a \2/3\ recorded vote of 424 ayes 
with none voting ``no'', Roll No. 253.                       
  Page H5549
21st Century Green High-Performing Public School Facilities Act: The 
House began consideration of H.R. 2187, to direct the Secretary of 
Education to make grants to State educational agencies for the 
modernization, renovation, or repair of public school facilities. 
Further proceedings were postponed.               
  Pages H5492-98, H5500
  Pursuant to the rule, the amendment in the nature of a substitute 
recommended by the Committee on Education and Labor now printed in the 
bill shall be considered as an original bill for the purpose of 
amendment under the 5-minute rule.                           
Page H5507
Agreed to:
  George Miller (CA) amendment (No. 1 printed in H. Rept. 111-106) that 
replaces the bill's provision regarding charter schools (section 308) 
with a new provision that makes technical corrections and clarifies the 
disposition of excess funds. Expands the allowable uses of funds to 
include repairing, replacing, and installing water supply and building 
envelopes. Adds a new section to Title I of the bill giving priority 
consideration to schools that would use funding to remove asbestos, 
polychlorinated biphenyls, mold, mildew, lead-based hazards, or a 
proven carcinogen. Increases the set-aside for tribal and outlying 
schools from 1% to 2%;                                   
Pages H5509-10
  McKeon amendment (No. 2 printed in H. Rept. 111-106) that requires 
states to be in compliance with the public school choice, supplemental 
education services, private school participation, and military 
recruiters provisions of the Elementary and Secondary Education Act to 
be eligible to receive funding under the bill;           
Pages H5510-11
  McKeon amendment (No. 6 printed in H. Rept. 111-106) that prohibits 
funds appropriated under the bill to be used for congressional earmarks 
as defined by clause 9(d) of rule XXI of the Rules of the House of 
Representatives;                                         
Pages H5513-14
  Reichert amendment (No. 8 printed in H. Rept. 111-106) that allows 
funds to be used to install or upgrade technology to ensure schools are 
able to respond to emergencies such as acts of terrorism, campus 
violence, and natural disasters;                             
Page H5515
  Maffei amendment (No. 9 printed in H. Rept. 111-106) that requires 
the Education Secretary, in consultation with the Labor Secretary, to 
work with funding recipients to promote opportunities for individuals 
enrolled in Job Corps to gain employment experience on modernization, 
repair, and construction projects funded under the Act. Requires the 
Secretary of Education, in consultation with the Secretary of Labor, to 
work with recipients of funds to promote appropriate opportunities for 
individuals enrolled in a junior or community college;   
Pages H5515-16
  Heinrich amendment (No. 12 printed in H. Rept. 111-106) that allows 
funds to be used to install and upgrade recreational structures and 
physical education facilities;                           
Pages H5518-19
  Schwartz amendment (No. 13 printed in H. Rept. 111-106) that permits 
funds to be used for constructing greenhouses, gardens (including 
trees), and other facilities for environmental, scientific, or other 
educational purposes, or to produce energy savings;      
Pages H5519-20
  Schrader amendment (No. 14 printed in H. Rept. 111-106) that requires 
the GAO to conduct a study within one year of enactment on the extent 
and types of projects in keeping with the uses of funds authorized, the 
geographic distribution of green, high-performing schools (including by 
urban, suburban, and rural areas), and the relative access to such 
schools of the demographic groups described in section 1111(b)(2)(C)(v) 
of the Elementary and Secondary Education Act of 1965. These groups 
include: economically disadvantaged students, students from major 
racial and ethnic groups, students with disabilities, and students with 
limited English proficiency;                             
Pages H5520-21

[[Page D549]]


  Titus amendment (No. 3 printed in H. Rept. 111-106) that adds a new 
section 314 requiring the Secretary of Education to establish an 
Advisory Council to the Secretary on green, high-performing schools. 
The Council will advise the Secretary on the impact of green, high-
performing schools on teaching and learning, health energy costs and 
environmental impact; work with the Secretary to recommend Federal 
policies to increase the number of green, high-performing schools; 
provide technical assistance to states; and identify Federal policies 
that are barriers to helping states make schools green and high-
performing. The Council will consult with the Chair of the Council on 
Environmental Quality, the Commerce Secretary, Energy Secretary, Health 
and Human Services Secretary, Labor Secretary, EPA Administrator, and 
the GSA Administrator (by a recorded vote of 270 ayes to 160 noes, Roll 
No. 249);                                         
Pages H5511-12, H5521
  Roe (TN) amendment (No. 4 printed in H. Rept. 111-106) that adds a 
new section 314 requiring the Education Secretary to enter into an 
agreement with the Department's Institute of Educational Sciences to 
evaluate the impact of projects funded under the bill on student 
academic achievement, including a comparison of students attending 
public schools receiving funding under the bill with students attending 
public schools that are not receiving such funding (by a recorded vote 
of 432 ayes to 2 noes, Roll No. 250); and      
Pages H5512-13, H5521-22
  Ellsworth amendment (No. 5 printed in H. Rept. 111-106) that amends 
section 309 (green schools) to provide that nothing in the bill shall 
be construed to prohibit a local educational agency from using 
sustainable, domestic hardwood lumber for public school modernization, 
renovation, repairs, or construction. Amends section 310 (reporting) to 
require agencies receiving grant funds under the bill to disclose 
whether any flooring installed was from renewable sources (by a 
recorded vote of 425 ayes to 7 noes, Roll No. 251). 
                                                  Pages H5513, H5523-24
Proceedings Postponed:
  Giffords amendment (No. 7 printed in H. Rept. 111-106) that seeks to 
specify that local educational agencies receiving funds under the act 
may encourage schools receiving funds for projects to educate students 
about those projects, including how they function, and their 
environmental, energy, sustainability, and other benefits; 
                                                         Pages H5514-15
  Bright amendment (No. 10 printed in H. Rept. 111-106) that seeks to 
require the Secretary to reserve 5 percent of section 102 grant funds 
for grants to local educational agencies serving geographic areas with 
significant economic distress or recovering from a natural disaster; 
and                                                      
Pages H5516-17
  Griffith amendment (No. 11 printed in H. Rept. 111-106) that seeks to 
include reducing the incidence and effects of asthma and other 
respiratory illnesses in children among the voluntary guidelines for 
high performing school buildings. It also will add reducing the 
incidence and effects of asthma and other respiratory illnesses to the 
list of demonstrable and expected benefits. The amendment includes the 
reduction and elimination of human exposure to airborne particles such 
as dust, sand, and pollens among the approved uses for grant funds used 
by local educational agencies.                           
Pages H5517-18
  H. Res. 427, the rule providing for consideration of the bill, was 
agreed to by a yea-and-nay vote of 248 yeas to 175 nays, Roll No. 246, 
after agreeing to order the previous question without objection. 
                                                         Pages H5492-98
Suspension: The House agreed to suspend the rules and agree to the 
following measure:
  Providing for passage of the bill (H.R. 2101) to promote reform and 
independence in the oversight of weapons system acquisition by the 
Department of Defense: H. Res. 432, to provide for passage of the bill 
(H.R. 2101) to promote reform and independence in the oversight of 
weapons system acquisition by the Department of Defense, by a \2/3\ 
yea-and-nay vote of 428 yeas with none voting ``nay'', Roll No. 252. 
                                               Pages H5524-30, H5538-39
  The Chair announced that pursuant to H. Res. 432, H.R. 2101, as 
amended by the amendment in the nature of a substitute printed in the 
bill, is considered as passed; S. 454, as amended by the text of H.R. 
2101 as passed by the House, is considered as passed; and the House is 
considered to have insisted on its amendment and requested a conference 
with the Senate thereon. H.R. 2101 was laid upon the table without 
objection.                                                   
Page H5539
  The Chair appointed the following conferees: Representatives Skelton, 
Spratt, Ortiz, Taylor, Abercrombie, Reyes, Snyder, Smith (WA), Loretta 
Sanchez (CA), McIntyre, Tauscher, Brady (PA), Andrews, Davis (CA), 
Langevin, Cooper, Ellsworth, Sestak, McHugh, Bartlett, McKeon, 
Thornberry, Jones, Akin, Forbes, Miller (FL), Wilson (SC), Conaway, 
Hunter, and Coffman (CO).                                
Pages H5549-50
  Agreed to authorize conferees to close meetings of the conference 
when sensitive national security information may be broached by a yea-
and-nay vote of 409 yeas to 11 nays, Roll No. 254.           
Page H5550
Suspensions--Proceedings Postponed: The House debated the following 
measures under suspension of the rules. Further proceedings were 
postponed:
  Recognizing Armed Forces Day and the exemplary service of the members 
of the United States Armed Forces: H. Res. 377, to recognize Armed

[[Page D550]]

Forces Day and the exemplary service of the members of the United 
States Armed Forces;                                     
  Pages H5530-31
  Medal of Honor Commemorative Coin Act of 2009: H.R. 1209, to require 
the Secretary of the Treasury to mint coins in recognition and 
celebration of the establishment of the Medal of Honor in 1861, 
America's highest award for valor in action against an enemy force 
which can be bestowed upon an individual serving in the Armed Services 
of the United States, to honor the American military men and women who 
have been recipients of the Medal of Honor, and to promote awareness of 
what the Medal of Honor represents and how ordinary Americans, through 
courage, sacrifice, selfless service and patriotism, can challenge fate 
and change the course of history; and                    
  Pages H5531-34
  Granting the congressional gold medal, collectively, to the 100th 
Infantry Battalion and the 442nd Regimental Combat Team, United States 
Army, in recognition of their dedicated service during World War II: 
H.R. 347, to grant the congressional gold medal, collectively, to the 
100th Infantry Battalion and the 442nd Regimental Combat Team, United 
States Army, in recognition of their dedicated service during World War 
II.                                                      
  Pages H5534-38
Board of Trustees of the Institute of American Indian and Alaska Native 
Culture and Arts Development--Appointment: The Chair announced the 
Speaker's appointment of the following Member of the House of 
Representatives to the Board of Trustees of the Institute of American 
Indian and Alaska Native Culture and Arts Development: Representative 
Lujan.                                                       
  Page H5550
Senate Message: Message received from the Senate today appears on pages 
H5489, H5577.
Quorum Calls--Votes: Four yea-and-nay votes and five recorded votes 
developed during the proceedings of today and appear on pages H5498, 
H5499, H5499-H5500, H5521, H5522, H5523, H5538-39, H5549, H5550. There 
were no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 9:42 p.m.