[Congressional Record (Bound Edition), Volume 154 (2008), Part 8]
[House]
[Pages 11259-11284]
[From the U.S. Government Publishing Office, www.gpo.gov]




    21ST CENTURY GREEN HIGH-PERFORMING PUBLIC SCHOOL FACILITIES ACT

  The SPEAKER pro tempore. Pursuant to House Resolution 1234 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 3021.

                              {time}  1645


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3021) to direct the Secretary of Education to make grants and 
low-interest loans to local educational agencies for the construction, 
modernization, or repair of public kindergarten, elementary, and 
secondary educational facilities, and for other purposes, with Ms. 
Bordallo in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from California (Mr. George Miller) and the gentleman 
from California (Mr. McKeon) each will control 30 minutes.
  The Chair recognizes the gentleman from California (Mr. George 
Miller).
  Mr. GEORGE MILLER of California. Madam Chairman, I yield myself 2 
minutes.
  I rise in very strong support of H.R. 3021, the 21st Century Green 
High-Performing Public Schools Facility Act, legislation that would 
invest in modernizing public schools across the country.
  This legislation is an example of how well-crafted public policy can 
address a number of key challenges all at the same time. This bill has 
something in it for improving the education of our children, improving 
our economy, and improving the environment.
  First, this legislation will help improve student achievement by 
providing more children and teachers with a modern, safe, healthy, 
clean, place for learning. Second, this legislation will give a boost 
to our economy by injecting demand into a faltering U.S. construction 
industry. And, third, this legislation will make our schools part of 
the solution to the global warming crisis by encouraging more energy 
efficiency as well as the use of renewable energy resources.
  Any one of these three reasons alone would be enough to support this 
bill; but when you put all three of them together, this is a clear win 
for our children, for our communities, for workers, and for our planet.
  For children and teachers, unfortunately, the reality is that in too 
many of our communities the schools are literally crumbling. In 2000, 
The National Center of Education Statistics said it would take $127 
billion to bring schools into good condition, including that 75 percent 
of the schools were in various stages of disrepair. The American 
Society of Civil Engineers gave U.S. schools a D for national 
infrastructure report card. Just last month, the 21st Century School 
Fund called for a $140 billion Federal investment in school facilities 
to bring all school districts up to the level of the highest income 
districts followed by ongoing annual Federal investment.
  The fact of the matter is that those children who have the most 
difficult time receiving an education are receiving that education in 
some of the worst schools in this Nation. This is an effort for us 
simply to partner with local school districts on a formula basis so 
that they can then carry out their plans to renovate, to repair, to 
remodel existing schools so that they can save energy, they can provide 
better lighting and a better atmosphere for the schools to learn.
  Madam Chairman, I reserve the balance of my time.
  Mr. McKEON. Madam Chairman, I stand in opposition to H.R. 3021, and I 
yield myself such time as I may consume.
  The name of this bill is a mouthful but seems harmless enough, the 
21st Century Green High-Performing Public School Facilities Act. It 
sounds like a program to ensure good schools, safe schools, 
environmentally friendly schools. It sounds pretty good to me. It is 
when we look a little closer that the real goal becomes clear. This is 
a bill that puts us on a path toward Federalizing the building and 
maintenance of our Nation's schools. It is about feeding bigger 
government and giving Washington more control over what happens in 
States and local communities. We are talking about an estimated $20 
billion over the next 5 years handed out to States and schools so that 
we can exercise control over how they build their schools.
  Maybe a school has a leaky roof. The Federal Government is happy to 
pay to get it fixed; but instead of spending $1,000 on a repair, we 
tell the school it has to spend $100,000 on a new roof that meets our 
hand-picked environmental standards. And Big Brother doesn't stop 
there. We also link this funding to the Depression-era Davis-Bacon Act, 
meaning that construction projects under this bill must pay so-called 
prevailing wages. The problem is, prevailing wage calculations are 
critically and fundamentally flawed. Sometimes they are higher than 
market rates and other times they are lower.
  Take plumbers, for instance. I have a chart here that shows in a 
sampling of cities plumbers paid Davis-Bacon wages could be paid 
anywhere from 70 percent below the market rate to 77 percent above the 
market rate. Davis-Bacon requirements drive up the cost of Federal 
projects by 10, 15, 20 percent, and sometimes more. These are costs 
that get passed on to the taxpayers. Moreover, these requirements force 
private companies to do hundreds of millions of dollars of excess 
administrative work each year.
  So already we are talking about a new $20 billion program to fund an 
inefficient construction mandate that allows bureaucrats here in 
Washington to tell our neighborhoods and small towns and big cities 
exactly how their school buildings should be built, from the materials 
they use to the contractors they hire.
  Madam Chairman, I would like to know where that $20 billion is going 
to come from. When we were in the majority, we heard no end to the 
complaints from the other side of the aisle that we were underfunding 
No Child Left Behind and the Individuals With Disabilities Education 
Act. I am proud of our record of strong support for these programs, but 
it is true that they are not funded at their authorized level. It was 
true when Democrats were in the majority up until 1995, it was true 
when we were in the majority even though we doubled the payments there, 
and it is still true today with Democrats back at the helm. The reality 
is that neither party has funded these programs at their authorized 
maximum.
  If we have $20 billion to spend on our schools, shouldn't we invest 
that in keeping the promises we have already made? We are looking at 
$6.4 billion authorized for this program next year alone. Do you know 
what that could do for title I or IDEA? We could increase special 
education funding by almost 60 percent in 1 year. We could bring title 
I funding to more than $20 billion.
  I don't know whether we have the money to spend on this program; in 
fact, I think we probably don't. But if we have it, we have a duty to 
spend it on programs that help improve academic achievement for 
disadvantaged children.
  I also think it is ironic that we are here today proposing a program 
to build more schools when districts around the country are struggling 
just to pay for the fuel it takes to transport children and operate, 
heat, and cool the schools we already have. Like the rest of the 
country, our schools are being squeezed by the high price of gasoline. 
Rising fuel prices are taking a real toll on our Nation's schools, just 
as on our Nation's families and individuals.
  Beyond diesel fuel and heating oil, schools are faced with higher 
supply

[[Page 11260]]

costs, fewer field trips, and costlier school lunches. First it was 
community colleges forced to move to a 4-day school week; now, even K-
12 school systems are reducing the number of school days because of the 
pain at the pump. Unfortunately, that is a problem for which the 
Democrats are offering no answers.
  Madam Chairman, this is a bad program created based on a flawed 
premise. Yes, there is a need for school construction and 
modernization. It is a need that is best handled at the State and local 
level where they can be responsive to each community's unique needs. 
The Federal role in education has been limited to target interventions 
that help provide a more level playing field for children who might 
otherwise be left behind. That is where our focus should remain.
  I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Madam Chairman, I yield myself 30 
seconds to say that it is interesting that again they talk about the 
increased energy costs for schools. And at the same time that we are 
considering legislation which is designed to lower those energy costs 
for schools, they are arguing against the passage of this legislation.
  This is a modest effort by the Federal Government to help these 
schools get on with the refurbishing, the repair, and the renovation of 
these schools so that they will lower their energy costs, whether it is 
heating or air conditioning, so that they can then put that money back 
into the educational program.
  Madam Chairman, I yield 2 minutes to the gentleman from Kentucky (Mr. 
Chandler), the author of this legislation who understands the 
importance of this contribution to the education of our children at the 
local level.
  Mr. CHANDLER. Madam Chairman, I am very proud to be here today to 
introduce the 21st Century Green High-Performing Public School 
Facilities Act, authorizing almost $7 billion for our struggling 
schools.
  I would like to express my sincere appreciation to our cosponsors on 
this bill, in particular Mr. Kildee and Mr. Loebsack, but especially 
Chairman Miller who has done an incredible job as chairman of the 
Education and Labor Committee and I very much appreciate what the 
gentleman from California has done on this bill.
  Where children learn has a large impact on what they learn, and the 
evidence is undeniable. The U.S. Department of Education tells us that 
modern, functional school facilities are truly important for effective 
student learning. Consequently, it is unacceptable that some of our 
children spend their days in buildings with faulty wiring, leaking 
roofs, lead paint, and asbestos.
  In 1995, the GAO found that schools were in desperate need of repairs 
totaling $112 billion. Over a decade later, the need is even greater. 
Each day we are competing on a global stage and not always winning that 
competition, and investing in the education of our children at home is 
the key to staying in the game. We are spending hundreds of billions of 
dollars in Iraq. Surely, surely we can invest less than $7 billion in 
the future of our children and the future of our country.
  This bill is a home run. It will give much needed money to our 
schools struggling with huge budget deficits, while encouraging energy 
efficiency and creating jobs for Americans that cannot be shipped 
overseas. Today, I urge you, Democrats and Republicans alike, make this 
important investment in our schools, in our children, and in our 
future.
  Mr. McKEON. Madam Chairman, I am privileged now to yield to the 
gentleman from Delaware (Mr. Castle), the ranking member on the 
subcommittee over K-12 education, 3 minutes.
  Mr. CASTLE. I thank the distinguished gentleman from California for 
yielding. Let me try to put this in perspective.
  We are talking about Federal dollars here. We have never at the 
Federal Government level funded school construction. Perhaps in 
emergency situations, but other than that, we have not.

                              {time}  1700

  We do have certain responsibilities that we do need to fund, and one 
of those is clearly under the No Child Left Behind. The Elementary and 
Secondary Education Act is title I. The ranking member from California 
has already pointed this out.
  But the bottom line is that when you look at the funding which we 
have here, which fundamentally is $6.4 billion in title I. There's 
another $100 million in title II of this legislation. But if you take 
that $6.4 billion and you add it to title I, you get very close to that 
amount of money that we have already authorized in our committee under 
the jurisdiction of all of us involved with this committee.
  I think we clearly recognize the importance of title I. It brings in 
the teachers, it brings in the help. It brings in the people who are 
going to help our children in schools which are most in need of money. 
And we would get at least a lot closer to the $25 billion. Right now we 
only have $13.9 billion appropriated.
  And then you look at IDEA. Everybody here, Republicans and Democrats 
alike have fought hard in recent years to increase IDEA to help our 
children with disabilities, the Individual Disabilities Education Act, 
and with that extra $6.4 billion, as this chart shows, IDEA could be 
funded at $7.3 billion, getting very close to the 40 percent 
requirement in the statute with respect to where we should be with 
helping those children with disabilities.
  My concern is, where are we spending our Federal money?
  My other concern is, and I hope my friends in the Blue Dogs are 
listening to all of this, but my other concern is we are opening a door 
here. We are opening a door which is very large, and we're opening it 
somewhat wide. You haven't even begun to see where we're going to go. 
The $6.4 billion for fiscal year 2009 is followed by whatever sums 
thereafter, that's going to go up dramatically very, very quickly, in 
my judgment. And when all of the local entities realize that perhaps 
they can come to the Federal Government and get money, maybe they'll 
try to whittle down the title III of this so they don't have to worry 
about the green aspect of it quite as much, and they're going to go for 
more money. That's going to be the key to it and you're going to see 
huge increases. I think the 6.4 is merely a beginning. And all this is 
going to, in my judgment, take away from whatever money is needed for 
education.
  Yes, we can argue that the money could come from war or this or 
whatever it may be. It's not that simple. The bottom line is that 
people are going to look at education, and I'm afraid they're going to 
say, we're putting it in construction, therefore we can't put it in 
title I, we can't put it in IDEA, and I think that would be a mistake.
  I believe that this bill is well-intended, and I agree with 
everything that's being said on the other side about the good it can do 
as far as schools are concerned. But I have a strong disagreement with 
where the Federal Government should be in this. I think it should be a 
local and State issue in terms of construction, and we need to fund 
those things that we have agreed to fund. We need to fund title I. We 
need to fund IDEA. We do not need to open up a whole new source of 
funding that we simply cannot afford at this time.
  So I would encourage defeat of the legislation and, hopefully, we can 
make sure that we're funding programs we should be funding in 
education.
  Mr. GEORGE MILLER of California. Madam Chairman, I am pleased to 
yield 2 minutes to the gentleman from Michigan (Mr. Kildee), the 
chairman of the Subcommittee on Early Childhood, Elementary and 
Secondary Education, and an incredible advocate for the Federal role in 
school construction for many, many years, and a coauthor of this 
legislation.
  Mr. KILDEE. Madam Chairman, I rise in strong support of this 
legislation.
  I was pleased to join Mr. Chandler and Chairman Miller in introducing 
H.R. 3021, and to work with my chairman and Representatives Loebsack,

[[Page 11261]]

Andrews, Hare, Holt and McCarthy to introduce the committee substitute. 
I especially acknowledge Mr. Loebsack's great depth of knowledge and 
the perseverance he has brought to this bill.
  This legislation will bring critically needed resources to schools 
around the country to provide students, teachers, principals and others 
with safe, healthy, modern, energy efficient and environmentally 
friendly learning spaces, and will help our local, State and national 
economies by creating jobs for thousands of workers to build these 
improvements.
  Some years ago, Madam Chairman, in my district, a Federal judge 
ordered a jail to be torn down because it was unfit for human 
habitation. Yet, many local educators told me that jail was in better 
shape than some of the schools where they work so hard every day on 
behalf of their students. By providing the resources to ensure that 
situation never happens again, this bill would send children the 
message that we truly value every one of them.
  I urge my colleagues to support this legislation.
  Mr. McKEON. I yield now to the gentleman from Utah, a member of the 
committee, Mr. Bishop, 3 minutes.
  Mr. BISHOP of Utah. When this bill was originally introduced by the 
gentleman from Kentucky, it would have required the Department of 
Energy to conduct a study of needs nationwide and then provided grants 
to meet those needs.
  This doesn't quite do it. There have been no studies. NCE did one 
about 8 years ago which talked on a regional basis but not anything 
more specific. Another study was done about 3 years ago, and instead of 
trying to identify construction needs, this bill tracks money based on 
title I spending, which simply asks the question, is there a connection 
between construction needs and the distribution formula in this 
particular bill? If not, and this bill escapes, we will be coming back 
repeatedly with ideas that we need to tweak this or that in the effort 
to create some kind of fairness for the future.
  At the committee I raised the question, because my State has an 
equalization formula, not just for maintenance and operation which is 
programmed, but also for capital outlay. And I asked how this bill 
would impact my State and I was told we would find that out; get back 
with you. That still has yet to happen.
  So let me try and tell you what this particular bill would do in my 
State as it relates to how we fund construction needs within a State. 
The State of Utah has two different categories, historically. First of 
all, we have continuing school building aid which basically went for 
areas that were overcrowded, where there was a surge of students 
creating crowded school conditions.
  We also had a category that we funded which was continuing. I'm 
sorry. Let me switch that around. Continuing was for overcrowded. 
Critical school building aid was for those districts that happened to 
have all their buildings coming of age at the same time and needed an 
infusion of cash.
  We then equalized the formula so that districts in the State of Utah 
were given State money, in addition to what they could raise locally, 
to meet these particular needs.
  So I simply went through the formula that this bill would equate, and 
what would it do in the State of Utah. This is the bottom line. The 
districts that have continuing school building needs, overcrowded, 
would not get money from this formula. The districts that have critical 
school building needs, which simply means the age of their buildings 
are all coming together at the same time, would not get money from this 
formula.
  Indeed, the districts that get money from this formula are the ones 
in the State of Utah that do not have the construction needs. And 
that's a simple problem with this bill.
  If we had gone along with what Congressman Chandler had originally 
established and tried to establish a criteria of where this money would 
go, there would be some logic to it. There is no logic. We are simply 
throwing money at a target that is constantly on the move.
  Satchel Paige used to talk to young pitchers and say, ``Just throw 
strikes. Home plate don't move.''
  Well, in this particular bill, we can't throw strikes because not 
only is home plate moving, it doesn't even exist. And that is a key 
problem with what we are trying to accomplish in this.
  The CHAIRMAN. The time of the gentleman has expired.
  Mr. McKEON. I yield the gentleman 1 additional minute.
  Mr. BISHOP of Utah. I have one other issue as well. We have talked, 
both in committee, the Rules Committee and I'm going to bring it up 
here on the floor, of the issue of charter schools. The committee has 
stated as their policy they wish to have charter schools treated fairly 
in this particular bill.
  If a charter school is, of itself, a local education agency, the 
language in this bill covers charter schools and they will be treated 
fairly. Unfortunately, if a charter school is part of a different local 
education agency it does not guarantee in the language of the bill that 
that charter school will be treated fairly.
  We have examples, anecdotal I admit, but anecdotal from coast to 
coast in this Nation, of charter schools who were not treated fairly by 
local education agencies. And unless specific language is placed in 
this bill, it does not guarantee that will happen.
  I appreciate the chairman of the committee adding new language in a 
manager's amendment that will try and make a study of this to see if 
they can report back. But the bottom line is simply this. Despite our 
statement that we want charter schools to be treated fairly, the 
language of our bill is a gaping loophole that does not meet that if 
the charter school is not part of the LEA, and I would hope, I would 
certainly hope that the chairman or the sponsors would guarantee that 
they would continue to work on this issue to make sure that this is 
given out in a fair and equitable manner because we want fairness and 
logic. It doesn't exist in the distribution formula in this particular 
bill.
  Mr. GEORGE MILLER of California. Madam Chairman, I yield 2 minutes to 
the gentleman from Iowa (Mr. Loebsack), a member of our committee and a 
primary sponsor of this legislation.
  Mr. LOEBSACK. Madam Chairman, I want to thank Chairman Miller for his 
really great work on this legislation. I also want to thank Mr. 
Chandler for his commitment to this issue, and Mr. Kildee, of course, 
for his longstanding work on this issue, and for his partnership in 
offering the substitute amendment to this bill during committee mark-
up.
  Mr. Kildee's and my amendment combined important provisions from Mr. 
Chandler's legislation and provisions from my own legislation, the 
Public School Repair and Renovation Improvement Act and the Green 
School Improvement Act, and it also contained suggestions from many 
members, many other members of our committee who have prioritized green 
school construction over the years.
  Schools across this country are deteriorating. Problems vary region 
by region, State by State and even district by district. I can see the 
problems in my own district in Iowa, especially in our rural schools. 
In Iowa, these schools serve close to 170,000 students.
  This bill will help Iowa by directing over $35 million to the State. 
This Federal investment will help leverage additional local dollars and 
create over 560 new jobs.
  This bill also focuses on the importance of ``greening'' schools. 
Research demonstrates that green school technology can lead to 
increased health, learning ability and productivity. This includes 
improved test scores, attendance, teacher retention and satisfaction.
  This legislation is a much needed investment in the education and 
safety of our students. Today, when we pass this bill, Congress will 
tell our students they matter. Congress will tell the American people 
that our economy and good jobs and good wages matter. And Congress will 
tell all of us that maintaining a healthy environment for all matters.

[[Page 11262]]

  Madam Chairman, I urge the bill's passage.
  Mr. McKEON. Madam Chairman, may I inquire as to how much time is 
left.
  The CHAIRMAN. Mr. McKeon has 17 minutes. Mr. Miller has 22 minutes.
  Mr. McKEON. I am privileged to yield at this time to the gentlelady 
from Illinois, a member of the committee, Mrs. Biggert, 4 minutes.
  Mrs. BIGGERT. Madam Chairman, I rise in reluctant opposition to H.R. 
3021. I support giving schools some Federal assistance when it comes to 
school construction. In fact, I've sponsored legislation in the past 
that would provide interest-free and low-interest loans to States and 
localities to support school construction, renovation and repair.
  I represent some of the fastest growing communities in the country, 
and I know how school districts are constantly struggling to meet the 
growing demand for space and resources.
  I also support the greening of our schools. I'm a cosponsor of H.R. 
6065, which will provide schools with small grants to make green and 
energy efficient improvements for their schools.
  Much as I would like to join the supporters of H.R. 3021, let me 
remind them of the promises that we've already made to schools, but yet 
not met. In 1975, in passing the Individuals with Disabilities 
Education Act, or IDEA, Congress made a commitment to fund 40 percent 
of the cost of educating children with disabilities. Yet for fiscal 
year 2008, Congress appropriated only $11.3 billion for this purpose, a 
mere 17 percent of the funds originally promised.

                              {time}  1715

  Is this an anomaly? Not at all. Congress has never delivered more 
than 18.5 percent of the money we promised for IDEA.
  What I hear over and over again from teachers and school boards and 
administrators in my district is, When are you going to meet your 
commitments on IDEA and NCLB? How about meeting our commitments under 
No Child Left Behind? NCLB was authorized at $25 billion, but Congress 
has just provided less than $14 billion.
  Despite these unmet commitments, Congress is positioned today to make 
another Federal commitment on school spending. The Congressional Budget 
Office estimates that H.R. 3021 would increase discretionary spending 
by $20.3 over a 5-year period. With this funding, we could meet our 
commitments to IDEA and increase funding for NCLB by $5 billion over 
the next 5 years. I realize this is a back-of-the-envelope calculation. 
But I think it gives Members a better idea of what we could be 
accomplishing with this money.
  As a former school board president, I well know that school 
construction is the responsibility of State and local governments. I 
support fiscally responsible proposals to facilitate State and local 
government investments in school infrastructure, but I cannot support 
authorizing billions of dollars in new spending when we cannot fulfill 
our current commitments to schools and children.
  When Congress has fully funded IDEA and NCLB, I will be very happy to 
revisit this issue with my colleagues on the other side of the aisle. 
But until then, I think the top Federal priorities should be meeting 
our commitments and improving student achievement.
  Mr. GEORGE MILLER of California. Madam Chairman, I am pleased to 
yield 2 minutes to the gentlewoman from New York (Mrs. McCarthy), a 
member of our committee and a sponsor of this legislation.
  Mrs. McCARTHY of New York. Madam Chairman, I think there are 
obviously many of us that support H.R. 3021, the 21st Century Green 
High-Performing Public School Facilities Act. In listening to the 
debate, I can only talk about a number of the schools that are in my 
district. I'm certainly someone who supports school funding for IDEA, 
but if I have my children in the classrooms--or most of them are 
actually being taught in the hallways because they don't have the 
facilities to be able to do the teaching that they need to do. I know a 
number of my schools--if that was a business, you wouldn't be able to 
get anybody to work into that particular business.
  What we're trying to do--and you have to look at things holistically. 
If we don't have good school facilities, how do we expect our teachers 
and certainly our students to learn, and what kind of message are we 
sending that we don't care enough about our children that we give them 
safe environments?
  I can go into my schools in my district during the winter, and every 
window is wide open because the way the energy for the heating system 
is, it makes the classrooms too hot. The children can't concentrate. 
You go into one of my schools during the summertime when they're taking 
their final exams, and the classrooms are 110 degrees. How are our 
students supposed to be able to pass those tests and concentrate? None 
of us would work under those conditions. And yet we are asking our 
children to survive under those conditions.
  We must look at how we're going to work to be able to educate our 
children for the global economy that we're looking forward to. But I 
believe very, very strongly we have to have a clean, safe environment. 
Go into our city schools. Come into my schools. Look at the amount of 
children that have asthma because the quality of the air is subnormal. 
A number of my schools in the last year had to be closed. So now we're 
putting our children in little trailers.
  I don't understand this debate. This is something that many of our 
schools need, and as far as having Davis-Bacon, why should not we have 
prevailing wage for those that work in the community, pay the wages, 
and also have good construction done?
  With that, I hope that we pass overwhelmingly this bill.
  Mr. McKEON. I reserve the balance of my time.
  Mr. GEORGE MILLER of California. I am pleased to yield 2 minutes to 
the gentlewoman from California (Ms. Woolsey), a member of the 
committee and subcommittee Chair.
  Ms. WOOLSEY. Thank you, Chairman Miller.
  Madam Chairman, I'm pleased to rise in support of H.R. 3021, the 21st 
Century High-Performing Public School Facilities Act.
  No child should be expected to learn in a crumbling school building. 
And this bill will give our Nation's schools the funds needed to repair 
and renovate their school building. That's very important because our 
children deserve the best opportunities in life, and that starts with a 
quality education in a safe building where students can focus on 
learning and teachers can focus on teaching.
  This bill also encourages schools to make environmentally--green 
repairs. Schools in my district are making their facilities more 
environmentally friendly lately, and it's encouraging other schools to 
follow their lead because as our States face budget shortfalls and 
school districts deal with budget cuts, savings on energy costs will 
make a huge difference.
  And it's a win-win. As a school shifts towards greening their school, 
students will learn about the process and the importance of preserving 
our environment. If you value our children, if you value our students, 
if you value their education and their educators, then show them; 
ensure their schools are the very best possible.
  Support H.R. 3021.
  Mr. McKEON. Madam Chairman, I continue to reserve.
  Mr. GEORGE MILLER of California. Madam Chairman, I yield 2 minutes to 
a member of the committee, the gentleman from Illinois (Mr. Hare).
  Mr. HARE. Madam Chairman, I rise in strong support today of H.R. 
3021.
  School districts around the country are struggling to find the money 
to pay for the most basic school repairs, let alone funding to upgrade 
school facilities to meet the needs of 21st century learners.
  While school construction funding has traditionally been a State and 
local responsibility, the magnitude of the challenge warrants an 
increased Federal role, a role that could help schools such as 
Lewistown High in my district repair a leaky roof and replace World War 
II-era equipment that students are using for machine shop.

[[Page 11263]]

  Madam Chairman, the bill before us authorizes $6.4 billion to address 
unmet school construction needs. Additionally, the bill guarantees 
schools with the greatest need receive a minimum of $5,000 for school 
construction projects.
  As a member of the Green Schools Caucus, I'm pleased that this bill 
encourages schools to make energy-efficient improvements. By dedicating 
the majority of funds to green projects, H.R. 3021 will save schools an 
average of $100,000 each year in energy costs alone--enough to hire two 
additional full-time teachers, purchase 5,000 new textbooks, or buy 500 
new computers.
  The deteriorating physical condition of public schools also presents 
an opportunity to stimulate our failing economy. A direct Federal 
investment in school construction will provide an immediate boost to 
our economy and create an estimated 100,000 jobs in the building trades 
hit hard in recent months.
  Madam Chairman, H.R. 3021 comes as a much-needed response to 
crumbling school infrastructure, skyrocketing energy prices, and our 
declining economy. I strongly urge all of my colleagues to support this 
vital piece of legislation.
  Mr. McKEON. I am privileged to yield at this time to the gentleman 
from California (Mr. Daniel E. Lungren) 3 minutes.
  Mr. DANIEL E. LUNGREN of California. Madam Chairman, I apologize. I'm 
not a member of the committee involved. I was not really that alert to 
what this bill is, but listening to some of the debate, it just caused 
me some pause to reflect on maybe we found the answer to the question I 
keep being asked at my town hall meetings which is, How do you folks 
back there allow the budget to get so large? How do you get such 
deficit spending? What is going on back there?
  Well, let's see. I just heard Members on the other side of the aisle 
say this is a Federal responsibility. In fact, I just heard this argued 
as a jobs program. This will stimulate the economy. Well, if that's the 
case, let's multiply it by 10. If this is going to create that many 
more jobs, let's ten 100 times. We will take care of all of the 
unemployment in America.
  The idea that somehow we have the responsibility on the Federal level 
to now fund the programs for construction and air-conditioning and 
heating and so forth in schools, what is left for local taxpayers to 
do? Oh, I'm sorry. Local taxpayers are also the Federal taxpayers and 
the State taxpayers. I forgot that because we forget that here.
  I just heard the gentleman previously on the other side say his 
school districts are strapped. They can't pay for it. But magically, we 
can pay for it here because I guess when my constituents get up in the 
morning they say, Well, this morning I'm a local taxpayer but at noon I 
will be a State taxpayer, tonight I will be a Federal taxpayer. I can't 
afford to pay for it in the morning; I'm not sure I can pay for it yet, 
but magically I can pay for it tonight because--well, I don't know. I 
guess this money comes from nowhere.
  I mean, does anybody understand we're talking about a new program 
that's never existed before? But now, now the very future of the 
Republic depends on this program.
  I heard another Member on the other side of the aisle say students 
can't learn when they're sweating, I guess. Well, I confess. I went to 
Catholic school. We didn't have air-conditioning in Southern California 
when it was 103, and it was hot. I remember sweating through my shirts, 
and it was uncomfortable. But give me a break. You're telling me that 
there's a Federal responsibility to put air-conditioning in every 
building that school kids are going to?
  I would just ask the American people is this what they think the 
Federal Government is supposed to be doing? We should go around and 
find every single wrong thing or something that is not perfectly right 
and then the Federal Government is going to take care of it? Now, if 
that is the case, we will never come close to fiscal responsibility, 
and we're going to do this on top of the fact that we have mandatory 
spending programs that, if you look at the payout, by the year 2042--
and I know that's a long way away, but my grandkids will probably be 
concerned about it--as was stated not too long ago in testimony before 
one of our committees, if we continue spending the way it is, we will 
have no room for discretionary spending----
  The CHAIRMAN. The time of the gentleman has expired.
  Mr. McKEON. I yield the gentleman an additional minute.
  Mr. DANIEL E. LUNGREN of California. As the head of OMB said at that 
time, including defense. That's the first time I ever heard of defense 
called discretionary.
  But the point is there are certain responsibilities that are the 
Federal Government's. And I remember when we started the--I am old 
enough to remember that. I happened to be in Congress shortly after 
that when President Carter was elected and we established the 
Department of Education because we said the Federal Government ought to 
play a small role, small but important role in education.
  Well, now if we're going to be responsible for construction for air-
conditioning, for heating, for environmentally friendly construction, 
where does it end? I guess it ends at the taxpayers' pocketbook. But we 
just pretend that we're not taking from the pocketbook here because it 
is the Federal Government that doesn't cost anybody anything, but we 
are here to 
rescue everybody on the Federal level because they can't afford to pay 
for it at the local or State level.
  Maybe that makes sense here in Washington, but I don't think it makes 
sense anywhere else. Maybe this is ``Alice in Wonderland,'' but where I 
come from, people know that when you take a dollar out of their pocket, 
it's one less dollar they have.
  The CHAIRMAN. The gentleman's time has again expired.
  Mr. McKEON. Madam Chairman, I yield the gentleman an additional 2 
minutes, and I want to ask him a question.
  Mr. DANIEL E. LUNGREN of California. You have to understand I'm not 
on the committee. So I'm not an expert on that. I'm just a regular 
Member of Congress who heard the debate as I was walking by.
  Mr. McKEON. Let's talk about the things we deal with when we're not 
here in Congress. You have children. I have children. We have 
grandchildren. And I try to think about our children and grandchildren 
sitting at the kitchen table, and they have a little different rules 
that they have to operate under.

                              {time}  1730

  You know, we have a Federal responsibility that we have taken upon 
ourselves, and we will fund 40 percent of IDEA. We're up to about 17 
percent. We said that we'll fund title I. We're way short of where we 
should be on that.
  If, say, you have a grandson or granddaughter, maybe they've bought a 
motorcycle and they have a commitment to pay $100 a month on a 
motorcycle. And maybe the daughter is going to school and has a 
commitment to pay a couple hundred dollars a month on that.
  Family is sitting around and they say, you know, we're a little 
short, we don't have quite enough to pay the motorcycle bill this 
month, we don't have quite enough to pay the school bill this month, 
but why don't we go out and buy a motor home, because the family would 
benefit from that; it would be a good thing. We could have good quality 
time that we could spend together, and we don't have the money for 
that.
  That's kind of what we're talking about here, isn't it?
  Mr. DANIEL E. LUNGREN of California. Well, I would think so. I would 
think that it's certainly a greater priority to help that program, the 
Individuals with Disabilities Education Act, that we assume that as a 
responsibility, and I can argue back home that that is a shared Federal 
responsibility.
  I don't think this bill rises to that level, and it seems to me if we 
use money for this and not for disabilities, aren't we shortchanging a 
program which really has a Federal responsibility for this? I know it 
sounds good because it's a new program.

[[Page 11264]]

  I just noticed this. Maybe it's because I came back after 16 years. I 
find it's awfully easy to say billions and trillions.
  The CHAIRMAN. The time of the gentleman has again expired.
  Mr. McKEON. I yield the gentleman 1 additional minute.
  Mr. DANIEL E. LUNGREN of California. I found when I was gone for 16 
years, I couldn't find billion and trillion so easy to say. But once 
we're here, it's awfully easy to say, and then it kind of masks the 
costs to the local taxpayer because the average person can't figure out 
what $1 trillion is or $1 billion because that's not within their area 
of experience.
  But what it means, I would hope that folks back home would 
understand, if we were ever to talk to them about this, that this is 
coming out of their pocket. And if they believe they can't afford it 
back home, how can they afford it here, first?
  Secondly, we have a commitment to programs like those for children 
with disabilities. Shouldn't we try and fund that to a higher level 
first before we start on this path to a new program?
  Again, I'm not a member of the committee, and I know the gentleman 
has served on the committee. But that's a simple question.
  Mr. McKEON. We would love to have you on the committee, and I think 
that you're asking the right questions.
  Mr. DANIEL E. LUNGREN of California. I'm not sure the chairman of the 
committee shares that sentiment, but I appreciate that, and I thank the 
gentleman for the time.
  Mr. GEORGE MILLER of California. Madam Chairman, I yield myself 30 
seconds.
  It's wonderful to listen to this conversation among two people 
talking about fiscal responsibility back and forth to one another. When 
the Bush administration came into office, they were given a $5 trillion 
surplus. Now, 8 years later, it's a $9 trillion deficit. And in that 
time, they never found the way to fund title I. They never found the 
way to fund IDEA. And yet, somehow, they were fiscally responsible, and 
now they've run this economy and this country into a ditch, with $9 
trillion of debt in 8 short years, and they inherited a $5 trillion 
surplus.
  Madam Chairman, I yield 1\1/2\ minutes to the gentleman from 
Connecticut (Mr. Courtney), a member of the committee.
  Mr. COURTNEY. Just to follow up on the chairman's remarks, it sounds 
like crocodile tears to hear people talking about underfunding IDEA and 
title I when last December we had a chance to override the President's 
veto of the education spending bill, which would have put a serious 
commitment by this Chamber towards those programs which, indeed, have 
been underfunded for far too long, but unfortunately, too many Members 
on the other side of the aisle upheld the President's veto and broke, 
again, the promises to local communities to pay for Federal mandates.
  We have a national challenge facing this country, a national energy 
challenge, national education challenge, and that's what this national 
bill is focusing on.
  In Connecticut, the Eastern Connecticut State University Institute 
for Sustainable Energy did an inventory of school buildings a couple of 
years ago. They found that 90 percent of the buildings were constructed 
before 1978, completely energy inefficient. If we could get to an 
Energy Star rating of 50, which is a very modest rating, we would save 
40 percent, not 20 percent, but 40 percent energy costs, which is 
precious dollars for local communities that are distressed and don't 
have a property tax base to pay for that kind of investment.
  This program is focused with a title I formula to needy school 
districts. We're not just taking dollars and throwing them up in the 
air across the United States of America. We are helping the communities 
that need the help and can't afford to invest in green technology.
  We have districts in my part of Connecticut, Quaker Hill Elementary 
School, that are making that type of investment, but we need to help 
the districts that can't afford to do it.
  That's why, with a title I-based formula, this legislation will 
accomplish that task. I urge the Chamber's full support.
  Mr. McKEON. I notice the chairman has left, but I wanted to just 
correct the record a little bit.
  I've been here 16 years. I know he's been here over 30 years. But 
when we won the majority in 1994, at that point IDEA was funded at 
about $2 billion. It was passed in 1976.
  At the time, we made a commitment, those who were in the Congress at 
the time made a commitment, that the Federal level would be funded at 
40 percent. At that time in 1976, $2 billion would have funded at 40 
percent. The Democrats were in charge from 1976 to 1994. They got it 
from a few hundred million up to $2 billion in that time.
  We won the majority in 1994, and we increased the funding from $2 
billion up to over $10 billion in the following 12 years.
  Now, to go back to talk about the surplus and the deficit. In 1994, 
we ran on the Contract With America, and we made a pledge to the 
American people that if we were given a chance, given the majority, we 
would balance the Federal budget in 7 years. Actually, we did it in 4 
years. That's how we got that surplus.
  But then in 2000, President Bush came in. There was a recession when 
he took office. We had 9/11 in 2001, which took us into a war footing, 
and you know, when you're at war, you spend more money, and that's how 
we've gotten the deficit.
  But all of that aside, back to the basic premise of why we should be 
working to fully fund IDEA. What a problem that is to not provide fully 
funding for these children that need help with their special 
disabilities. We made a strong commitment. We took it from the 7 
percent that they were funding it when they were in the majority, and 
they had been there for 18 years prior to that. We had 12 years. We got 
it up to over 17, 18 percent in that period of time.
  So I don't think if you want to talk about commitment and who was 
putting the money where, we were doing it. All we're saying now is if 
they can find another $6 billion, why not put it to the children with 
disabilities rather than fund a brand new program that really is the 
State and local responsibility.
  I reserve the balance of my time.
  Mr. KILDEE. Madam Chairman, we're all concerned with fiscal 
responsibility, but I can recall a tough political vote I took the 
first year of President George W. Bush. That was on about a $2 trillion 
tax cut, $2 trillion. That's $2,000 billion. This bill will cost $6.5 
billion a year. That tax cut was $2 trillion.
  There's various ways we have to be fiscally responsible, and I submit 
that tax cut, in my humble opinion--and I voted ``no'' on it and went 
back home and faced some wrath, not that much, though--I voted ``no'' 
on that because I also have a sense of fiscal responsibility.
  Now you talk about IDEA. I think you will concede that no one's been 
a stronger advocate of full funding for IDEA than myself.
  Mr. McKEON. Would the gentleman yield?
  Mr. KILDEE. I would be glad to yield.
  Mr. McKEON. I would be happy to yield that. You're a man of 
conviction and I think you are a strong supporter of IDEA, and we've 
worked together well on these things in the past.
  I just think right now we have kind of a divergence where we're 
talking about a new program that could be used to fully fund IDEA, and 
we just have a difference then on that opinion.
  Mr. KILDEE. On that, let me indicate I have a list of groups here who 
support both full funding of IDEA and support this bill. I will just 
read a few of them: the American Federation of Teachers, the American 
Association of School Administrators, the Council of Great City 
Schools, the National Association of Elementary School Principals, the 
National Association of Secondary School Principals, the Parent-Teacher 
Association. So these are groups who support both full funding of IDEA 
and full funding of this.

[[Page 11265]]

  With that, I yield 1\1/2\ minutes to the gentleman from New Jersey 
(Mr. Holt), a member of our committee. I thank the gentleman from 
California for his kind words.
  Mr. HOLT. Madam Chairman, I thank Mr. Kildee.
  And to my friend from California, I would say if we wanted to use 
this time for a discussion of both fiscal responsibility and which side 
of the aisle has done better with respect to individuals with 
disabilities and title I, boy, that's an argument that we would gladly 
take on.
  But that's not the topic here. The topic here is the green schools 
program, and energy costs are the second highest operating expenditure 
for schools after personnel costs.
  The two gentlemen from California were talking about how this is 
wasteful spending. I'll tell you what's wasteful. About a third of 
those $8 billion annually that schools spend on energy could be saved.
  What this legislation does, it provides help for local schools and 
States to invest in energy-saving design and technology, which will 
provide not only better learning conditions but save billions of 
dollars.
  So this actually is beneficial from a fiscal point of view, as well 
as an educational point of view.
  Mr. McKEON. I yield myself 1 minute.
  I just want to say that I don't think either of the two gentlemen 
from California used the term ``wasteful'' spending. We never meant for 
that. We never inferred that.
  What we were talking about is it's a new program that is going to 
divert limited resources. The list that Mr. Kildee read, all of those 
people that supported it, yeah, you know, a lot of people want to have 
more and more and more spending. The problem is, we do have limited 
resources. I could probably read you a list of people that say we 
should not have additional spending that's going to carry us more and 
more into deficit for new programs before we fund the programs that 
we've already committed to, and the gentleman said he would like to 
have the debate on that issue.
  I had an amendment on that issue that was not given to me. I wasn't 
given the ability to discuss it on the floor because the Rules 
Committee, I guess, felt that it wasn't an important issue.
  The CHAIRMAN. The gentleman's time has expired.
  Mr. McKEON. I yield myself an additional minute.
  I did have an amendment saying that we should first spend the money 
for the title I. That was where the Federal Government first got 
involved, helping underprivileged children, close the gap between the 
minorities and those that were doing better in their school, 14 percent 
gap. And we have spent billions of dollars, over $85 billion, to try to 
close that gap, and we haven't done it, and we're still short on that 
funding.
  And then the disabilities, the students that we all feel need more 
help, why, if we can come up with another $6 billion, don't we put the 
money for these children that need the help the most?
  I reserve the balance of my time.

                              {time}  1745

  Mr. KILDEE. Madam Chairman, may I inquire as to how much time remains 
on each side.
  The CHAIRMAN. The gentleman from Michigan has 11 minutes remaining. 
The gentleman from California has 2\1/2\ minutes remaining.
  Mr. KILDEE. Madam Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Lee).
  Ms. LEE. I thank the gentleman for yielding and for your leadership 
and your commitment to our country's children.
  I rise today in strong support of this bill. Not only does it provide 
for the modernization and repair of our schools, but it also employs 
green building standards and encourages States to adopt forward-
thinking, energy-efficient strategies.
  And I must thank Chairman Miller for this bill, and the committee, 
but also for including in the manager's amendment language that I 
authored that requires local education agencies to report on the number 
and amount of contracts awarded to small minority and women-owned and 
veteran-owned businesses.
  As a longtime advocate of green jobs that will be fundamental to 
America's future economic competitiveness, I believe everyone must have 
the opportunity to benefit from the green economy supported by this 
language.
  Let me just say that I firmly believe the American people would 
rather invest in their school children. And in listening to this 
debate, it's mind boggling to hear the other side talk about resource 
allocation and priorities. I think the American people would rather 
send our children to decent schools rather than fund a war and an 
occupation in Iraq that did not have to be fought. Here we're talking 
about now another $180 something billion plus as another down payment 
of this occupation that the President wants. This could lead us up to, 
what, $3 trillion in terms of the occupation.
  The CHAIRMAN. The time of the gentlewoman has expired.
  Mr. KILDEE. I yield the gentlelady 30 additional seconds.
  Ms. LEE. I just wanted to make this one point because I listened very 
closely to what the fiscal arguments were on this bill. And it's hard 
to believe that you continue to fund this occupation in Iraq, yet you 
talk about the fact that we don't have the resources to create schools 
worthy of our children.
  So I think this is about priorities. And I hope that everyone on both 
sides will vote for this bill in a bipartisan fashion.
  Thank you, Mr. Chairman. And thank you for yielding. I support this 
bill and hope we all vote for it.
  Mr. KILDEE. I yield 1 minute to the gentleman from New Jersey (Mr. 
Holt), a member of the committee.
  Mr. HOLT. I thank the gentleman. And I thank him and Chairman Miller 
for incorporating parts of my ``Green Schools'' bill in this 
legislation.
  I just wanted to make two more points, that under this bill States 
must develop a database of energy usage in public school facilities. 
I'm really pleased that this includes language that requires schools to 
report on their carbon footprints.
  Also, we've included a provision to ensure that veteran-owned 
businesses receive the same contracting preferences as minority and 
women-owned businesses. As the war continues to swell the veteran 
population, it's our duty to help to ensure that returning soldiers 
have jobs to return to.
  This is good legislation. I urge its passage. I thank the gentleman 
for putting together such good legislation.
  Mr. KILDEE. Madam Chairman, I am pleased to yield 1\1/2\ minutes to 
the gentleman from Arizona (Mr. Mitchell).
  Mr. MITCHELL. Madam Chairman, I rise in support of H.R. 3021, the 
21st Century Green High-Performing Public Schools Facilities Act, which 
would authorize funding for modernization, renovation and repair 
projects in schools with poor building quality.
  Students and teachers deserve a clean and safe environment to go to 
school. However, according to the Environmental Protection Agency, one-
third of schools, which serve approximately 14 million students, are 
desperately in need of extensive repairs.
  As a former high school teacher, I believe that it is crucial to 
ensure that the grants authorized under this legislation be available 
for schools in which existing building conditions are putting the 
health and safety of students and faculty at risk.
  Many schools suffer from inadequate ventilation. When combined with 
toxic substances, such as mold, asbestos and lead, this lack of 
ventilation can cause significant health problems. Students and 
teachers in schools with indoor air quality problems suffer from a 
range of health problems from headaches, fatigue, dizziness, nausea, to 
respiratory illness. Even more troubling, when indoor air pollutants 
accumulate in inadequately ventilated schools, the air can become 
carcinogenic.
  In Arizona's Tempe Union High School District, where I taught for 
almost 30 years, Corona del Sol High

[[Page 11266]]

School has an HVAC system in desperate need of replacement. According 
to the Arizona Republic, some within the Corona del Sol community have 
expressed illnesses ranging from allergies and asthma to tumors and 
cancers. The high school district is struggling to find funds to 
replace HVAC systems, and as a result the problems continue to persist.
  The CHAIRMAN. The time of the gentleman from Arizona has expired.
  Mr. KILDEE. I yield the gentleman 30 additional seconds.
  Mr. MITCHELL. I would like to thank Chairman Miller for working with 
me to ensure that the grants pursuant to this legislation can be used 
to help schools make critical repairs to protect the health and safety 
of students and teachers due to building conditions. Students and 
teachers should never have to compromise their health and safety to 
attend school, and this legislation will help prevent this from 
happening.
  I urge my colleagues to support this important bill.
  Mr. KILDEE. Madam Chairman, could I ask again how much time each side 
has remaining.
  The CHAIRMAN. The gentleman from Michigan has 6\1/2\ minutes 
remaining. The gentleman from California has 2\1/2\ minutes remaining.
  Mr. KILDEE. Madam Chairman, I am pleased to yield 1\1/2\ minutes to 
the gentleman from Pennsylvania (Mr. Patrick J. Murphy).
  Mr. PATRICK J. MURPHY of Pennsylvania. Madam Chairman, I rise today 
in support of the 21st Century Green High-Performing Public School 
Facilities Act.
  I want to thank Chairman Miller and the gentleman from Washington 
(Mr. Baird) for his efforts to modernize technical schools.
  Madam Chairman, faced with record gas prices and a dangerous 
dependence on foreign oil, we must harness new technology to meet our 
energy needs. To do this, we must prepare students of today to power 
the green collar workforce of tomorrow.
  I am honored to have worked with Chairman Miller and Mr. Baird to 
ensure funding for this act goes toward modernizing career and 
technical schools, especially for the renewable energy industries. By 
giving technical schools a chance to modernize, we will help even more 
students become innovators, work together to end global warming, and 
bring green energy jobs to the American economy.
  Mr. KILDEE. Madam Chairman, I am pleased to yield 1\1/2\ minutes to 
the gentleman from Georgia (Mr. Scott).
  Mr. SCOTT of Georgia. Thank you, Mr. Chairman, for giving me this 
opportunity. I want to speak very briefly about this bill. This is a 
very, very important bill. It is critical to the future of education of 
our young people.
  Let me start out by letting you know how important this is to my 
State of Georgia, and especially the metro Atlanta area. The metro 
Atlanta area is the third fastest growing child population in this 
country. Some 120,000 school children will enter area schools over the 
next 5 years. They need additional space. They're meeting in trailers. 
They're meeting in broken down buildings. They need help.
  Now, Madam Chairman, I just came from a trip from Afghanistan and 
Iraq, and I'm very proud to say our soldiers are doing a wonderful job 
and all of our contractors are doing a wonderful job. They come to tell 
us, oh, we're doing great, we're building these many schools, we're 
building these many hospitals, which is wonderful, but then to come 
back here and to see us crawling and falling back instead of going 
forward to do the same thing for our own people. Not since 2001, 7 
years ago, was the last time we even gave direct Federal aid to the 
States and the counties of our Nation to build schools, to help repair 
schools.
  This bill is important because not only does it build schools, it 
builds them in a way that helps our environment, it builds them in a 
way that preserves our energy, cuts down on emissions that help global 
warming. It is an effective measure, Madam Chairman. It is a bill we 
must pass, and the time to do it is now.
  Mr. KILDEE. Madam Chairman, I am pleased to yield 1\1/2\ minutes to 
the gentleman from North Carolina (Mr. Etheridge).
  Mr. ETHERIDGE. Madam Chairman, I rise in strong support of H.R. 3021, 
the 21st Century Green High-Performing Public School Facilities Act.
  Madam Chairman, as the only former State schools chief serving in 
Congress, I have always worked to be a voice for children and their 
schools.
  One of the biggest challenges we face in my home State of North 
Carolina--and really across this country--is a lack of adequate 
facilities for learning to take place. We simply must make a commitment 
to get our children out of trailers and into quality classrooms.
  You just heard my colleague talk about what we're doing overseas in 
Iraq and Afghanistan building schools. If we can build them overseas, 
we certainly can build them here in the United States. This bill is an 
important first step toward improving our children's education.
  We will need to follow the authorization of these grants with full 
funding in appropriations. And we need to ensure that local and State 
authorities can raise money in other ways, as would be provided by in 
the America's Better Classroom Act through interest-free bonds to build 
more schools. There really is no substitute for bricks and mortar when 
it comes to quality schools and meeting the educational goals of our 
community.
  I applaud Chairman Miller and Congressman Chandler for their 
leadership on this issue, and urge my colleagues to join me in support 
of H.R. 3021, to improve the quality of where our children go to school 
and help them to learn and to be able to compete in the 21st century.
  The CHAIRMAN. Both sides now have 2\1/2\ minutes remaining.
  Mr. McKEON. Madam Chairman, I yield myself such time as I may 
consume.
  Madam Chairman, for our Nation's schools, the spike in energy prices 
means that it costs more to fuel the buses that carry children to and 
from school. It costs more to heat and cool their facilities. It costs 
more to buy books and supplies. It costs more to provide school lunches 
and snacks. The list goes on.
  School budgets are being overwhelmed by rising energy costs, and they 
need relief. The majority refuses to unveil its commonsense plan to 
bring down skyrocketing gas prices. On January 4, 2007, when the 
Democrats took charge of this House, gas prices stood at $2.33 a 
gallon. Seventeen months later, gas costs 71 percent more, and yet 
their plan remains a secret.
  We're turning a blind eye to the burden of high energy costs in our 
Nation's schools, and instead taking up a bill that usurps State and 
local rights and responsibilities, undermines efforts to fund programs 
for disadvantaged children, imposes complex and costly requirements, 
and offers little more than a Band-Aid for the very real need for 
school construction and modernization.
  Madam Chairman, I strongly oppose this legislation. Just yesterday we 
received a Statement of Administration Policy indicating that if this 
legislation were presented to the President, his advisers would 
recommend that it be vetoed.
  The Federal Government has a role to play in education. That role is 
to provide support and assistance to ensure that all children are 
provided a quality education. It's to support the academic achievement 
for disadvantaged children, children with disabilities, and other at-
risk students who might otherwise be left behind.
  We all want our communities to have safe, modern, environmentally 
friendly schools in which our children can live and thrive, but this 
bill is the wrong way to achieve that goal. States, local communities 
and the private sector are all actively engaged in the construction and 
maintenance of school facilities all around the country. At least $20 
billion is being spent by the States each year to build new schools and 
modernize those already in use.
  If we have $6.4 billion to invest in education next year, let's put 
it into programs that serve underprivileged

[[Page 11267]]

and disadvantaged children. Programs are already there. Whether it's 
title I or IDEA or even Pell Grants to help low-income students attend 
college, there are existing programs that could use these resources to 
improve academic achievement and directly benefit those who need help 
most.
  I strongly urge a ``no'' vote on this legislation.
  Madam Chairman, I yield back the balance of my time.
  Mr. KILDEE. May I inquire as to how much time is remaining.
  The CHAIRMAN. The gentleman from Michigan has 2\1/2\ minutes 
remaining.

                              {time}  1800

  Mr. KILDEE. Madam Chairman, I yield myself the balance of my time.
  Madam Chairman, in my congressional district, I have a wide range of 
schools. I have some schools that were built before I was born, and you 
can guess maybe how old those schools are. Some of them are in 
deplorable condition. Then I have some school districts which, thanks 
to the voters because they are a little better off, they bond and they 
have really up-to-date school buildings. I have been happy to have been 
at the ground breaking or the ribbon cutting for those buildings, and 
the people have certainly done well to bond themselves for that. But 
there are other school districts that are abjectly poor, their tax base 
is miserable, and the school buildings are miserable.
  Children learn better in decent buildings. And human nature being 
what it is, good teachers to a great extent are more likely to stay in 
better buildings.
  This bill was wisely based upon the title I formula so those schools 
that are really stricken in my district now would be able to apply for 
these grants and, under the title I formula, would be able to receive 
some Federal dollars to help them replace buildings which I say are 
worse off than a jail that was torn down in my district because a judge 
declared it unfit for human habitation.
  This is a good bill. It will put dollars where they are most needed 
to help children learn better. We know they learn better in a better 
building. I urge support for this bill.
  Mr. SPACE. Madam Chairman, the steel industry has a proud tradition 
in this country. For over 150 years, steel production has been an 
important symbol of American strength and a critical source of American 
jobs.
  In recent decades, the American steel industry has faced an 
increasingly difficult landscape. Short-sighted free-trade agreements 
and illegal dumping policies set in place by foreign countries have 
placed American steel on an uneven playing field with foreign 
competitors. Facilities have been forced to close, at the expense of 
countless American jobs.
  In no place is this change in the industry more apparent than in my 
home of Ohio. Both my father and my grandfather found gainful 
employment in steel mills that now lie vacant and unused. Without 
question, Appalachian Ohio has felt the burden of global shifts in the 
economy, and I worry about the future of the jobs that remain.
  This amendment will ensure that American taxpayer dollars are used to 
support American industries and jobs. At a time when other countries 
like China are using questionable policies to develop an unfair 
advantage, there must be a mandate to use American steel with any 
federal funds. I am proud to lend my support to this amendment and the 
American steel industry.
  Mr. HINOJOSA. Madam Chairman, I rise in strong support of H.R. 3021, 
the 21st Century Green High-Performing Public Schools Act.
  It is high time that we include public schools on the list of 
critical infrastructure that requires significant Federal investment 
and support.
  I would like to commend Congressman Ben Chandler of Kentucky and 
Chairmen Miller and Kildee for their leadership on this vital 
legislation.
  Our public schools educate roughly 90 percent of children in the 
United States.
  We are counting on our public schools to prepare the leaders and 
workforce of tomorrow. Yet according to several estimates the need for 
school construction and renovation is in the hundreds of billions of 
dollars--as much as $322 billion according to analysis from the 
National Education Association.
  Worse, the students in the areas where the need for school 
modernization is most acute are minority students who now represent 43 
percent of the total student population. Improving school facilities is 
also about improving educational opportunities and equality.
  I am especially pleased that the manager's substitute includes 
specific language regarding the renovation and improvement of science 
and engineering laboratories in our schools. 52 percent of school 
principals reported having no science laboratory facilities in a 
National Center for Education Statistics survey. Simply put, we can 
never succeed in our national imperative to improve our competitiveness 
in the STEM fields if our children do not have the opportunity to 
experience and practice science and engineering. I would like to thank 
Chairman Miller and Chairman Kildee for working with me and my 
colleague from Vermont, Congressman Peter Welch to include the 
important provision in the bill before us today.
  I urge all of my colleagues to vote ``yes'' on H.R. 3021.
  Mr. CONYERS. Madam Chairman, I rise today in support of H.R. 3021, 
the 21st Century Green High-Performing Public School Facilities Act. 
The bill authorizes $6.4 billion for school construction projects for 
fiscal year 2009, and ensures that school districts will quickly 
receive funds for school modernization, renovation, and repairs. A 
majority of these funds must be used for projects that meet green 
building standards for energy efficiency and carbon footprint 
reduction.
  This important bill will improve the health of our Nation on a 
variety of levels. As an economic stimulus, it will create jobs all 
across the Nation as local citizens join together to build and repair 
schools. The bill also improves the teaching and learning climate in 
America's schools by combating overcrowding, decreasing student and 
teacher sick days, and improving school air quality for our nation's 60 
million school children. This legislation also improves energy 
efficiency by mandating the use of renewable resources in our schools. 
These same energy efficiencies will also play a positive role in 
combating global climate change by limiting the carbon emissions 
emitted by school buildings. Finally, the inclusion of Davis-Bacon 
protections ensures that workers will receive a fair and prevailing 
wage.
  At a time when our economy is reeling, with unemployment and 
inflation on the rise, this bill will infuse our faltering job market 
with the resources it needs to flourish. This $6.4 billion investment 
in our Nation's infrastructure will create 100,000 new design and 
construction jobs--4,041 of which will be located in Michigan. Citizens 
working in other sectors will also see an improvement in their 
financial stability, as property values improve in communities with 
these new schools.
  The bill will also dramatically improve the teaching and learning 
climate for America's school children. We all know that children can't 
learn if they're sick. The average American school was built half a 
century ago. As a result, too many of our children attend overcrowded 
schools housed in buildings with leaky roofs, faulty electrical 
systems, and outdated technology. This tremendous investment in 
physical facilities would help alleviate these problems by repairing 
and removing infrastructure rife will black mold and asbestos.
  Some may decry the spending associated with this bill. I however, see 
it as a smart investment that will pay out cost-saving dividends in the 
very near future. Green schools created by this bill will cost, on 
average, 2% more than conventional schools but provide financial 
benefits that are 20 times as large. This is enough savings to hire two 
additional full-time teachers in most communities.
  Although not obvious at first, the bill will also play a substantial 
role in our nation's multifaceted response to the threat posed by 
global climate change. When one thinks about the causes of global 
warming, images of exhaust spewing SUVs and coal plants billowing out 
black smoke spring to mind. In fact, 39 percent of all green house gas 
emissions come from buildings--including many of our country's school 
buildings. The energy efficiency improvements that will be built into 
our schools will have an immediate impact on this front. Each green and 
energy efficient school will lead to annual emission reductions of 
585,000 pounds of carbon dioxide.
  Finally, I am happy to see that the bill will include Davis-Bacon 
protections to all grants for school modernization, renovation, and 
repair projects. The inclusion of these protections exemplifies the 
tremendous differences between the two major parties on issues of 
worker's rights. I am continually reminded that during the aftermath of 
Hurricane Katrina, our President attempted to rescind Davis-Bacon 
protections at a time when local workers could least afford to have 
their living standards depressed. In contrast, with this bill, this 
Democratic Congress emphasizes its commitment to the belief that the 
government has a responsibility to provide workers with a living wage 
as they work to improve their communities.
  I applaud Representative Chandler and the rest of the Leadership for 
this bill. As I noted

[[Page 11268]]

two weeks ago in the Congressional Record, one of the hallmarks of this 
Congress has been its attempt to provide comprehensive solutions to 
complicated problems. I believe that this bill is a proud example of 
this trend. In a bill aimed at decreasing class sizes, the Congress has 
also chosen to attack climate change, promote worker's rights, and 
improve air quality.
  I urge my colleagues to vote for this bill and send a clear message 
to the American people: This Congress is committed to smart solutions 
to the real problems that this country will face in the 21st Century.
  Mr. VAN HOLLEN. Madam Chairman, I rise today as a member of the Green 
Schools Caucus to strongly support the 21st Century Green High-
Performing Public School Facilities Act.
  Our Nation needs new schools. The average American school is 50 years 
old and almost two-thirds need extensive repair. According the GAO, 14 
million students attend schools considered below standard or dangerous. 
But in a time of state budget deficits, fewer dollars are going to 
school construction projects.
  Today's bill will assist local school districts with the initial 
costs of construction and modernization and, by investing in energy 
efficient technology, will result in significant long term savings. 
Building green costs about 2 percent more than conventional 
construction, but can save 20 times that amount over the life of the 
school.
  Moreover, green school construction yields substantial environmental 
benefits. Green schools use on average 33 percent less energy and 
produce less carbon dioxide, nitrogen oxide, sulfur dioxide, and coarse 
particulate matter emissions.
  With its investment in infrastructure, this bill provides an 
important economic stimulus. School districts have many projects ready 
to go. When this bill is passed, we will see additional jobs in the 
construction industry, including suppliers, architects, contractors, 
and engineers.
  Madam Chairman, this legislation is a good, long-term investment that 
will improve education, reduce our energy consumption, and create jobs 
in local communities. I urge my colleagues to join me and support this 
important bill.
  Ms. FOXX. Madam Chairman, as a member of the Education and Labor 
Committee I would like to address an issue of concern with H.R. 3021, 
the 21st Century Green High-Performing Public School Facilities Act. 
Specifically, I bring to my colleagues' attention the fact that one of 
our Nation's most sustainable, renewable, and environmentally positive 
industries may be unfairly disadvantaged in the legislation that came 
before the House, June 4, 2008. The U.S. hardwood industry, which is 
prevalent in my own North Carolina district, but also extends 13,959 
total facilities throughout the country, may not be adequately 
recognized by any of the requirements we are putting into law for our 
Nation's schools. It would be a travesty to have our prized native 
hardwoods effectively removed from new building projects only to be 
substituted with materials from foreign sources or less suitable 
alternative materials, often at higher costs.
  The United States Government is required under Federal law to 
undertake a nationwide inventory of forest resources. The most recent 
inventory published in 2007 by the U.S. Forest Service and referred to 
as the ``RPA Assessment,'' shows that hardwood growth has consistently 
exceeded harvest for the last 50 years. Between 1953 and 2007, the 
volume of U.S. hardwood growing stock has more than doubled. This solid 
growth in America's hardwood resource, coupled with the forest laws in 
the United States, provide strong evidence of good governance and 
efficient forest regulations.
  Specifically, I would ask that any green building standard required 
by H.R. 3021 give adequate consideration to a number of criteria:
  First, forest certification requirements included in green building 
standards still have very low participation amongst U.S. hardwood 
family forest owners. The vast majority of American hardwoods are grown 
in the eastern United States, where around 73 percent of hardwood 
forest land is privately owned by families whose ownership stretches 
back several generations. There are approximately 4 million private 
forest owners in the U.S. with an average parcel of land 50 acres in 
size which may be harvested only a few times in any generation of 
owners. When considering green building legislation, I would ask that 
the record reflect that we recognize the environmental credentials of 
American hardwoods in addition to any specific green building 
standards.
  Second, a typical American hardwood mill buys timber from 
approximately 1,800 forest owners in a single year. Those set of forest 
owners can differ completely from year to year. The certification 
requirements that are referenced in H.R. 3021 do not adequately address 
the challenges hardwood manufacturers face when working with thousands 
of owners to in effect ``prove'' the origin of the wood. It is 
understandable that finding certified hardwood is difficult at best. 
Any green building legislation should not discriminate against this 
proven renewable and viable resource in the United States on the basis 
of certification challenges.
  Lastly, any geographical limitations should be broad enough to allow 
U.S. products manufactured in one vicinity to be used in another part 
of the country. I am proud of the many Fifth District constituents who 
make products such as flooring and wood trim for projects throughout 
the world. Eastern or Midwestern manufacturers should not be prohibited 
from supplying their West Coast markets, nor vice versa, due to 
arbitrary geographical limitations put in place by green building 
requirements. Hardwoods are a natural product and cannot suddenly be 
produced in the proximity of the target market.
  It is my understanding that efforts are underway to assure that 
hardwoods are given full consideration in green building standards. As 
we consider mandating these requirements I urge that full consideration 
be given to these needed adjustments and that no new school 
construction project be forced to ignore one of our vital, beautiful, 
environmentally beneficial, and native material such as hardwoods.
  Mr. KILDEE. Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill shall be considered as an original bill for the 
purpose of amendment under the 5-minute rule and shall be considered 
read.
  The text of the committee amendment is as follows:

                               H.R. 3021

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``21st 
     Century Green High-Performing Public School Facilities Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

  TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF SCHOOL 
                               FACILITIES

Sec. 101. Purpose.
Sec. 102. Allocation of funds.
Sec. 103. Allowable uses of funds.

 TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA

Sec. 201. Purpose.
Sec. 202. Allocation to States.
Sec. 203. Allowable uses of funds.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Impermissible uses of funds.
Sec. 302. Supplement, not supplant.
Sec. 303. Maintenance of effort.
Sec. 304. Special rule on contracting.
Sec. 305. Application of GEPA.
Sec. 306. Green Schools.
Sec. 307. Reporting.
Sec. 308. Authorization of appropriations.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) The term ``Bureau-funded school'' has the meaning given 
     to such term in section 1141 of the Education Amendments of 
     1978 (25 U.S.C. 2021).
       (2) The term ``charter school'' has the meaning given such 
     term in section 5210 of the Elementary and Secondary 
     Education Act of 1965.
       (3) The term ``local educational agency''--
       (A) has the meaning given to that term in section 9101 of 
     the Elementary and Secondary Education Act of 1965, and shall 
     also include the Recovery School District of Louisiana and 
     the New Orleans Public Schools; and
       (B) includes any public charter school that constitutes a 
     local educational agency under State law.
       (4) The term ``outlying area''--
       (A) means the United States Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands; 
     and
       (B) includes the freely associated states of the Republic 
     of the Marshall Islands, the Federated States of Micronesia, 
     and the Republic of Palau.
       (5) The term ``State'' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.
       (6) The term ``LEED Green Building Rating System'' means 
     the United States Green Building Council Leadership in Energy 
     and Environmental Design green building rating standard 
     referred to as LEED Green Building Rating System.
       (7) The term ``Energy Star'' means the Energy Star program 
     of the United States Department of Energy and the United 
     States Environmental Protection Agency.

[[Page 11269]]

       (8) The term ``CHPS Criteria'' means the green building 
     rating program developed by the Collaborative for High 
     Performance Schools.

  TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF SCHOOL 
                               FACILITIES

     SEC. 101. PURPOSE.

       Grants under this title shall be for the purpose of 
     modernizing, renovating, or repairing public kindergarten, 
     elementary, and secondary educational facilities that are 
     safe, healthy, high-performing, and up-to-date 
     technologically.

     SEC. 102. ALLOCATION OF FUNDS.

       (a) Reservation.--From the amount appropriated to carry out 
     this title for each fiscal year pursuant to section 308(a), 
     the Secretary shall reserve 1 percent of such amount, 
     consistent with the purpose described in section 101--
       (1) to provide assistance to the outlying areas; and
       (2) for payments to the Secretary of the Interior to 
     provide assistance to Bureau-funded schools.
       (b) Allocation to States.--
       (1) State-by-state allocation.--Of the amount appropriated 
     to carry out this title for each fiscal year pursuant to 
     section 308(a), and not reserved under subsection (a), each 
     State shall be allocated an amount in proportion to the 
     amount received by all local educational agencies in the 
     State under part A of title I of the Elementary and Secondary 
     Education Act of 1965 for the previous fiscal year relative 
     to the total amount received by all local educational 
     agencies in every State under such part for such fiscal year.
       (2) State administration.--A State may reserve up to 1 
     percent of its allocation under paragraph (1) to carry out 
     its responsibilities under this title, including--
       (A) providing technical assistance to local educational 
     agencies;
       (B) developing within 6 months of receiving its allocation 
     under paragraph (1) a plan to develop a database that 
     includes an inventory of public school facilities in the 
     State and the modernization, renovation, and repair needs of, 
     energy use by, and the carbon footprint of such schools; and
       (C) developing a school energy efficiency quality plan.
       (3) Grants to local educational agencies.--From the amount 
     allocated to a State under paragraph (1), each local 
     educational agency in the State that meets the requirements 
     of section 1112(a) of the Elementary and Secondary Education 
     Act of 1965 shall receive an amount in proportion to the 
     amount received by such local educational agency under part A 
     of title I of that Act for the previous fiscal year relative 
     to the total amount received by all local educational 
     agencies in the State under such part for such fiscal year, 
     except that no local educational agency that received funds 
     under part A of title I of that Act for such fiscal year 
     shall receive a grant of less than $5,000 in any fiscal year 
     under this title.
       (4) Special rule.--Section 1122(c)(3) of the Elementary and 
     Secondary Education Act of 1965 shall not apply to paragraphs 
     (1) or (3).
       (c) Special Rules.--
       (1) Distributions by secretary.--The Secretary shall make 
     and distribute the reservations and allocations described in 
     subsections (a) and (b) not later than 30 days after an 
     appropriation of funds for this title is made.
       (2) Distributions by states.--A State shall make and 
     distribute the allocations described in subsection (b)(3) 
     within 30 days of receiving such funds from the Secretary.

     SEC. 103. ALLOWABLE USES OF FUNDS.

       A local educational agency receiving a grant under this 
     title may use the grant for modernization, renovation, or 
     repair of public school facilities, including--
       (1) repairing, replacing, or installing roofs, electrical 
     wiring, plumbing systems, sewage systems, lighting systems, 
     or components of such systems, windows, or doors;
       (2) repairing, replacing, or installing heating, 
     ventilation, air conditioning systems, or components of such 
     systems (including insulation), including indoor air quality 
     assessments;
       (3) bringing public schools into compliance with fire and 
     safety codes, including modernizations, renovations, and 
     repairs that ensure that schools are prepared for 
     emergencies;
       (4) modifications necessary to make public school 
     facilities accessible to comply with the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794), except that such modifications shall not be the primary 
     use of the grant;
       (5) asbestos abatement or removal from public school 
     facilities;
       (6) implementation of measures designed to reduce or 
     eliminate human exposure to lead-based paint hazards though 
     methods including interim controls, abatement, or a 
     combination of each;
       (7) upgrading or installing educational technology 
     infrastructure to ensure that students have access to up-to-
     date educational technology;
       (8) other modernization, renovation, or repair of public 
     school facilities to--
       (A) improve teachers' ability to teach and students' 
     ability to learn;
       (B) ensure the health and safety of students and staff; or
       (C) make them more energy efficient; and
       (9) required environmental remediation related to school 
     modernization, renovation, or repair described in paragraphs 
     (1) though (8).

 TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA

     SEC. 201. PURPOSE.

       Grants under this title shall be for the purpose of 
     modernizing, renovating, repairing or constructing public 
     kindergarten, elementary, and secondary educational 
     facilities that are safe, healthy, high-performing, and up-
     to-date technologically in order to address such needs caused 
     by damage resulting from Hurricane Katrina or Hurricane Rita.

     SEC. 202. ALLOCATION TO STATES.

       (a) State-by-State Allocation.--Of the amount appropriated 
     to carry out this title for each fiscal year pursuant to 
     section 308(b), the Secretary shall allocate to Louisiana, 
     Mississippi, and Alabama an amount equal to the number of 
     schools in each of those States that were closed for 60 days 
     or more during the period beginning on August 29, 2005, and 
     ending on December 31, 2005, due to Hurricane Katrina or 
     Hurricane Rita, relative to the number of schools in all of 
     those States combined that were so closed.
       (b) State Administration.--A State that receives funds 
     under this title may reserve one-half of one percent of such 
     funds for administrative purposes related to this title.
       (c) Grants to Local Educational Agencies.--States receiving 
     funds under subsection (a) shall allocate such funds to local 
     educational agencies within the State according to the 
     criteria described in subsection (a).
       (d) Special Rules.--
       (1) Distributions by secretary.--The Secretary shall make 
     and distribute the allocations described in subsection (a) 
     not later than 30 days after an appropriation of funds for 
     this title is made.
       (2) Distributions by states.--A State shall make and 
     distribute the allocations described in subsection (c) within 
     30 days of receiving such funds from the Secretary.

     SEC. 203. ALLOWABLE USES OF FUNDS.

       A local educational agency receiving a grant under this 
     title may use the grant for any of the activities described 
     in section 103, except that an agency receiving a grant under 
     this title also may use such grant for such activities for 
     the construction of new public kindergarten, elementary, and 
     secondary school facilities.

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. IMPERMISSIBLE USES OF FUNDS.

       No funds received under this Act may be used for--
       (1) payment of maintenance costs; or
       (2) stadiums or other facilities primarily used for 
     athletic contests or exhibitions or other events for which 
     admission is charged to the general public.

     SEC. 302. SUPPLEMENT, NOT SUPPLANT.

       A local educational agency receiving a grant under this Act 
     shall use such Federal funds only to supplement and not 
     supplant the amount of funds that would, in the absence of 
     such Federal funds, be available for modernization, 
     renovation, and repair of public kindergarten, elementary, 
     and secondary educational facilities.

     SEC. 303. MAINTENANCE OF EFFORT.

       A local educational agency may receive a grant under this 
     Act for any fiscal year only if either the combined fiscal 
     effort per student or the aggregate expenditures of the 
     agency and the State involved with respect to the provision 
     of free public education by the agency for the preceding 
     fiscal year was not less than 90 percent of the combined 
     fiscal effort or aggregate expenditures for the second 
     preceding fiscal year.

     SEC. 304. SPECIAL RULE ON CONTRACTING.

       Each local educational agency receiving a grant under this 
     Act shall ensure that, if the agency carries out 
     modernization, renovation, or repair through a contract, the 
     process for any such contract ensures the maximum number of 
     qualified bidders, including local, small, minority, and 
     women- and veteran-owned businesses, through full and open 
     competition.

     SEC. 305. APPLICATION OF GEPA.

       The grant programs under this Act are applicable programs 
     (as that term is defined in section 400 of the General 
     Education Provisions Act (20 U.S.C. 1221)) subject to section 
     439 of such Act (20 U.S.C. 1232b).

     SEC. 306. GREEN SCHOOLS.

       (a) In General.--In a given fiscal year, a local 
     educational agency shall use not less than the applicable 
     percentage of funds received under this Act described in 
     subsection (b) for public school modernization, renovation, 
     or repairs that are--
       (1) LEED Green Building Rating System-certified or 
     consistent with any applicable provisions of the LEED Green 
     Building Rating System;
       (2) Energy Star-certified or consistent with any applicable 
     provisions of Energy Star; or
       (3) certified, designed, or verified under or meet any 
     applicable provisions of an equivalent program to the LEED 
     Green Building Rating System or Energy Star adopted by the 
     State or another jurisdiction with authority over the local 
     educational agency, such as the CHPS Criteria.
       (b) Applicable Percentages.--The applicable percentages 
     described in subsection (a) are--
       (1) in fiscal year 2009, 50 percent;
       (2) in fiscal year 2010, 60 percent;
       (3) in fiscal year 2011, 70 percent;
       (4) in fiscal year 2012, 80 percent; and
       (5) in fiscal year 2013, 90 percent.
       (c) Technical Assistance.--The Secretary, in consultation 
     with the Secretary of Energy and the Administrator of the 
     Environmental Protection Agency, shall provide outreach and 
     technical assistance to States and school districts

[[Page 11270]]

     concerning the best practices in school modernization, 
     renovation, and repair, including those related to student 
     academic achievement and student and staff health, energy 
     efficiency, and environmental protection.

     SEC. 307. REPORTING.

       (a) Reports by Local Educational Agencies.--Local 
     educational agencies receiving a grant under this Act shall 
     annually compile a report describing the projects for which 
     such funds were used, including--
       (1) the number of public schools in the agency;
       (2) the number of schools in the agency with a metro-
     centric locale code of 41, 42, or 43 as determined by the 
     National Center for Education Statistics and the percentage 
     of funds received by the agency under title I or title II of 
     this Act that were used for projects at such schools;
       (3) the number of schools in the agency that are eligible 
     for schoolwide programs under section 1114 of the Elementary 
     and Secondary Education Act of 1965 and the percentage of 
     funds received by the agency under title I or title II of 
     this Act that were used for projects at such schools; and
       (4) for each project--
       (A) the cost;
       (B) the standard described in section 306(a) with which the 
     use of the funds complied or if the use of funds did not 
     comply with a standard described in section 306(a), the 
     reason such funds were not able to be used in compliance with 
     such standards and the agency's efforts to use such funds in 
     an environmentally sound manner; and
       (C) any demonstrable or expected benefits as a result of 
     the project (such as energy savings, improved indoor 
     environmental quality, improved climate for teaching and 
     learning, etc.).
       (b) Availability of Reports.--A local educational agency 
     shall--
       (1) submit the report described in subsection (a) to the 
     State educational agency, which shall compile such 
     information and report it annually to the Secretary; and
       (2) make the report described in subsection (a) publicly 
     available, including on the agency's website.
       (c) Reports by Secretary.--Not later than December 31 of 
     each fiscal year, 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 on grants made under this Act, including 
     the information described in subsection (b)(1), the types of 
     modernization, renovation, and repair funded, and the number 
     of students impacted, including the number of students 
     counted under section 1113(a)(5) of the Elementary and 
     Secondary Education Act of 1965.

     SEC. 308. AUTHORIZATION OF APPROPRIATIONS.

       (a) Title I.--To carry out title I, there are authorized to 
     be appropriated $6,400,000,000 for fiscal year 2009 and such 
     sums as may be necessary for each of fiscal years 2010 
     through 2013.
       (b) Title II.--To carry out title II, there are authorized 
     to be appropriated $100,000,000 for each of fiscal years 2009 
     through 2013.

  The CHAIRMAN. No amendment to the committee amendment is in order 
except those printed in House Report 110-678. Each amendment may be 
offered only in the order printed in the report; by a Member designated 
in the report; shall be considered read; shall be debatable for the 
time specified in the report, equally divided and controlled by the 
proponent and an opponent of the amendment; shall not be subject to 
amendment; and shall not be subject to a demand for division of the 
question.


                 Amendment No. 1 Offered by Mr. Kildee

  The CHAIRMAN. It is now in order to consider amendment No. 1 printed 
in House Report 110-678.
  Mr. KILDEE. Madam Chairman, as the designee of the chairman of the 
committee, I offer a manager's amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Kildee:
       Page 5, after line 5, insert the following:
       (9) The term ``public school facilities'' includes charter 
     schools.
       (10) The term ``Green Globes'' means the Green Building 
     Initiative environmental design and rating system referred to 
     as Green Globes.
       Page 5, line 8, insert ``PUBLIC'' before ``SCHOOL''.
       Page 5, beginning on line 12, strike ``kindergarten'' and 
     all that follows through ``that are'' and insert ``school 
     facilities, based on their need for such improvements, to 
     be''.
       Page 8, line 9, strike ``may'' and insert ``shall''.
       Page 8, line 11, insert ``including extensive, intensive or 
     semi-intensive green roofs,'' after ``roofs,''.
       Page 8, line 14, before the semicolon insert ``, including 
     security doors.''
       Page 8, strike lines 19 through 22, and insert the 
     following:
       (3) bringing public schools into compliance with fire, 
     health, and safety codes, including professional installation 
     of fire/life safety alarms, including modernizations, 
     renovations, and repairs that ensure that schools are 
     prepared for emergencies, such as improving building 
     infrastructure to accommodate security measures;
       Page 9, line 4, insert ``or polychlorinated biphenyls'' 
     after ``asbestos''.
       Page 9, after line 9, insert the following:
       (7) implementation of measures designed to reduce or 
     eliminate human exposure to mold or mildew.
       Page 9, line 10, strike ``(7)'' and insert ``(8)''.
       Page 9, after line 12, insert the following:
       (9) modernization, renovation, or repair of science and 
     engineering laboratory facilities, libraries, and career and 
     technical education facilities, including those related to 
     energy efficiency and renewable energy, and improvements to 
     building infrastructure to accommodate bicycle and pedestrian 
     access;
       Page 9, line 13, strike ``(8)'' and insert ``(10)''.
       Page 9, line 20, strike ``(9)'' and insert ``(11)''.
       Page 9, line 21, insert ``public'' before ``school''.
       Page 9, line 22, strike ``(8).'' and insert ``(10).''.
       Page 10, beginning on line 6, strike ``kindergarten'' and 
     all that follows through ``that are'' and insert ``school 
     facilities, based on their need for such improvements, to 
     be''.
       Page 10, beginning on line 9, strike ``in order'' and all 
     that follows through ``Rita'' on line 10.
       Page 11, line 16, strike ``may use the grant for any'' and 
     insert ``shall use the grant for one or more''.
       Page 11, line 19, strike ``kindergarten, elementary, and 
     secondary''.
       Page 12, beginning on line 9, strike ``and repair'' and all 
     that follows through ``educational'' and insert ``repair, and 
     construction of public school''.
       Page 12, after line 10, insert the following (and amend the 
     table of contents accordingly):

     SEC. 302A. PROHIBITION REGARDING STATE AID.

       A State shall not take into consideration payments under 
     this Act in determining the eligibility of any local 
     educational agency in that State for State aid, or the amount 
     of State aid, with respect to free public education of 
     children.
       Page 12, line 12, insert ``(a) In General.--'' before ``A 
     local''.
       Page 12, after line 19, insert the following:
       (b) Reduction in Case of Failure to Meet.--
       (1) In general.--The State educational agency shall reduce 
     the amount of a local educational agency's grant in any 
     fiscal year in the exact proportion by which a local 
     educational agency fails to meet the requirement of 
     subsection (a) of this section by falling below 90 percent of 
     both the combined fiscal effort per student and aggregate 
     expenditures (using the measure most favorable to the local 
     agency).
       (2) Special rule.--No such lesser amount shall be used for 
     computing the effort required under subsection (a) of this 
     section for subsequent years.
       (c) Waiver.--The Secretary shall waive the requirements of 
     this section if the Secretary determines that a waiver would 
     be equitable due to--
       (1) exceptional or uncontrollable circumstances, such as a 
     natural disaster; or
       (2) a precipitous decline in the financial resources of the 
     local educational agency.
       Page 12, line 23, strike ``or repair'' and insert ``repair, 
     or construction''.
       Page 13, beginning on line 12, strike ``or repairs'' and 
     insert ``repairs, or construction''.
       Page 13, line 13, insert ``certified, verified, or 
     consistent with any applicable provisions of'' after ``are''.
       Page 13, strike lines 14 through 24 and insert the 
     following:
       (1) the LEED Green Building Rating System;
       (2) Energy Star;
       (3) the CHPS Criteria;
       (4) Green Globes; or
       (5) an equivalent program adopted by the State or another 
     jurisdiction with authority over the local educational 
     agency.
       Page 14, line 13, strike ``and repair,'' and insert 
     ``repair, and construction,''.
       Page 14, line 21, before the semicolon insert ``, including 
     the number of charter schools''
       Page 14, after line 21, insert the following:
       (2) the total amount of funds received by the local 
     educational agency under this Act and the amount of such 
     funds expended, including the amount expended for 
     modernization, renovation, repair, or construction of charter 
     schools;
       Page 14, line 22, strike ``(2)'' and insert ``(3)''.
       Page 14, line 22, insert ``public'' before ``schools''.
       Page 15, line 3, strike ``(3)'' and insert ``(4)''.
       Page 15, line 3, insert ``public'' before ``schools''.
       Page 15, line 9, strike ``(4)'' and insert ``(5)''.
       Page 15, line 8, strike ``and''.
       Page 15, line 22, strike the period at the end and insert 
     ``; and''.
       Page 15, after line 22, insert the following:
       (6) the total number and amount of contracts awarded, and 
     the number and amount of contracts awarded to local, small, 
     minority, women, and veteran-owned businesses.

[[Page 11271]]

       Page 16, beginning on line 13, strike ``and repair'' and 
     insert ``repair, and construction''.
       Page 16, after line 25, insert the following (and amend the 
     table of contents accordingly):

     SEC. 309. SPECIAL RULES.

       Notwithstanding any other provision of this Act, none of 
     the funds authorized by this Act may be--
       (1) used to employ workers in violation of section 274A of 
     the Immigration and Nationality Act (8 U.S.C. 1324a); or
       (2) distributed to a local educational agency that does not 
     have a policy that requires a criminal background check on 
     all employees of the agency.
       Page 17, strike the title amendment and insert the 
     following:
       Amend the title so as to read: ``A bill to direct the 
     Secretary of Education to make grants to State educational 
     agencies for the modernization, renovation, or repair of 
     public school facilities, and for other purposes.''.

  The CHAIRMAN. Pursuant to House Resolution 1234, the gentleman from 
Michigan (Mr. Kildee) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. KILDEE. I thank Chairwoman Slaughter and the Rules Committee for 
their work and for making this amendment in order.
  Madam Chairman, this bill would address three critical issues facing 
our country: closing the achievement gap, boosting the economy by 
creating thousands of construction jobs, and reducing school energy 
costs and protecting the environment. This bill provides long overdue 
investment in public school facilities around the country. And this 
amendment would improve the bill by ensuring that schools could use 
these funds for modernizations, renovations, and repairs including 
green roofs; abatement of polychlorinated biphenyls and mold and 
mildew; and various security measures.
  Highlighting the need for improvements to science and engineering 
laboratories, libraries, career and technical education facilities, 
especially those related to energy efficiency and renewable energy, and 
to facilitate access to schools by different modes of transportation; 
strengthening language ensuring charter schools' eligibility for these 
funds, which was asked for from the other side; expanding local 
flexibility by adding ``Green Globes'' to the list of green rating 
systems; adding reporting requirements to ensure local accountability; 
and clarifying that no funds may be used to employ undocumented workers 
and requiring that school districts receiving these funds have a policy 
requiring a criminal background check on their employees.
  I want to thank the many Members whose input is reflected in this 
amendment: Representatives Arcuri, Baird, Crowley, Hastings of Florida, 
Hooley, Klein of Florida, Lee, Matheson, McCarthy, Mitchell, Patrick 
Murphy, Richardson, Sutton, Welch, and Wu.
  I encourage my colleagues to support this amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. McKEON. Madam Chairman, I claim time in opposition to the 
amendment.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. McKEON. Madam Chairman, I yield myself such time as I may 
consume.
  I oppose this amendment, Madam Chairman, for the same reason I oppose 
the underlying bill.
  This proposal radically shifts the Federal role in education. This 
new school construction program will compete for funding with other 
critical priorities like title I and IDEA. And no matter what the other 
side tries to tell you, every dollar spent under this legislation is a 
dollar that won't be spent improving academic achievement for 
disadvantaged children.
  Here in Congress our job is to set priorities. Are we really saying 
that it's more important to fund bicycle racks, as this substitute 
would do, than it is to provide funds for schools to serve children 
with disabilities? I don't deny that schools can use bicycle racks, but 
I challenge anyone to explain why that's a priority for scarce Federal 
dollars when title I and IDEA continue to be funded below their 
authorized level.
  I also think this entire debate is a distraction from the most 
immediate financial concern facing many school systems and every family 
in this Nation: That's the high price of gasoline. School districts are 
struggling just to fill the tanks on their school buses. They're 
scaling back field trips and activities. And some schools are even 
moving to a 4-day school week to save on energy costs. Just like the 
rest of the country, our schools need energy relief and they need it 
now.
  But we're not here today to discuss how we can produce more American-
made energy. We're not here to promote new clean and reliable sources 
of energy like advanced nuclear and next-generation coal. We're not 
even here to encourage greater energy efficiency by offering 
conservation tax incentives to Americans who make their home, car, and 
businesses more energy efficient. Instead, we are proposing a big 
government program to exert Federal control over how States and local 
communities build their schools. It's the classic Washington approach 
to problem solving: If we just kick in a little bit of money, we'll be 
able to wield our power and influence over the decisions that used to 
be made by individual citizens and local leaders. Surely Washington 
must know best when it comes to where our children learn.
  Madam Chairman, I oppose this amendment, I oppose this legislation, 
and I oppose the fact that Congress has yet to do anything to address 
the skyrocketing cost of energy.
  Madam Chairman, I reserve the balance of my time.
  Mr. KILDEE. Madam Chairman, I am pleased to yield 1 minute to the 
gentleman from Florida (Mr. Klein).
  Mr. KLEIN of Florida. Madam Chairman, I rise in support of H.R. 3021, 
the 21st Century Green High-Performing Public Schools Facilities Act.
  I was proud to work with the chairman and Mr. Blumenauer to authorize 
the use of funds to improve building infrastructure to facilitate bike 
and pedestrian access. This could include bike storage facilities, 
safety lighting, lockers, safe travel routes on school grounds for 
bicyclists and pedestrians, and more.
  Alternative modes of transportation and storage facilities for 
bicycles are recognized by the U.S. Green Building Council as criteria 
for obtaining certification as a green school and are critical to 
reducing emissions and the carbon footprint of our Nation's schools.
  With skyrocketing gas prices, American families are feeling the pain 
at the pump. It's my hope that this amendment will help ease that 
burden by encouraging students, just as we did, to walk and bike to 
school rather than catch a ride with their parents or drive themselves. 
I would like to thank my friend Representative Blumenauer for working 
with me on this important provision and commend him for his tireless 
work on this issue.
  Additionally, I would like to thank the distinguished chairman of the 
Education and Labor Committee, along with his staff, for their work to 
bring this legislation to the floor today.
  Mr. McKEON. Madam Chairman, I continue to reserve the balance of my 
time.
  Mr. KILDEE. Madam Chairman, I am pleased to yield 1 minute to the 
gentlewoman from California (Ms. Richardson).
  Ms. RICHARDSON. Madam Chairman, I want to thank Chairman Miller for 
putting this important legislation together, and I applaud his 
resourcefulness for including my provision within this amendment that 
solidifies the eligibility for grants to be used in the construction of 
green roofs at public schools.
  Throughout the past decade, green roofs have proven to be a cost-
effective and an environmentally conscious way of lowering utility 
costs by insulating buildings from extreme temperatures and reducing 
the sewer system and wastewater treatment costs. In addition, green 
roofs diminish air pollution by using plants to collect airborne 
particles and produce oxygen through photosynthesis. Green roofs also 
decrease costs associated with roofing maintenance by lengthening the 
lifespan and durability of the roofs. And, also, more

[[Page 11272]]

importantly, it gives young people an opportunity to see real learning 
experiences work.
  I ask my colleagues to seriously evaluate this legislation and pass 
this amendment and pass H.R. 3021.
  Mr. McKEON. Madam Chairman, I yield myself the balance of my time.
  We have been kind of talking about supply and demand in energy. Today 
we are also talking supply and demand of money. There's unlimited 
demand for resources, but there is somewhat limited supply. And what 
we're talking about in this bill is that the demand is for the Federal 
Government to get involved in local school construction.
  I served on a local school board, and I met with a lot of other 
people that served on local school boards, and I know what they're 
going to want to do. They are going to want to turn to the Federal 
Government and take all the money that's available, and then they will 
use that to build the schools, and then they'll find other ways to 
spend the money that they've been spending on schools for other things. 
That's how supply and demand works. You kind of take what's available 
and fill up the gap.
  I was home last week, as most of us were, for the break, and I hadn't 
been home for a couple of weeks. I was shocked at what the gas prices 
were, and they went up about 20 cents during the week while I was home. 
And it's all based on supply and demand.
  We have had several votes over the last 16 years that I have been 
here in Congress. We voted to explore for more oil in the ANWR. House 
Republicans, 91 percent supported increasing supply; House Democrats, 
86 percent opposed increasing supply.
  Coal to liquid is another thing that should increase the supply, 
which would then meet the demand and help lower gasoline prices. House 
Republicans voted 97 percent to support coal to liquid; House 
Democrats, 78 percent opposed that.
  Oil shale exploration, which again would increase supply and meet the 
demand and lower prices. House Republicans, 90 percent supported it; 
House Democrats, 86 percent opposed.
  This goes on and on and on. What we are saying on our side is we will 
support exploration, conservation, renewable, all sources of increasing 
supply to get energy independent. The other side says we can't do this, 
we can't do this, we can't do this; let's keep buying oil from Iraq and 
Iran and Saudi Arabia and Venezuela and not become independent.

                              {time}  1815

  I urge a ``no'' vote on this amendment.
  Mr. KILDEE. The gentleman from California suggested that this bill 
would impose Federal control over local decisions. But, again, 
representatives of local parents, teachers, principals and 
superintendents are in strong support of this bill. The Counsel of 
Great City Schools says it gets these funds to schools with a minimum 
of red tape. Now they are the ones that are really on the front line. 
We have our level of expertise here in this Congress on education, but 
the groups I have mentioned are really on the front lines every day and 
they see the need out there, and they feel that this bill would 
distribute these funds for this purpose with a minimum of red tape. I 
believe that to be the case.
  Madam Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Kildee).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. KILDEE. Madam Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings on the 
amendment offered by the gentleman from Michigan will be postponed.


                 Amendment No. 2 Offered by Mr. Ehlers

  The CHAIRMAN. It is now in order to consider amendment No. 2 printed 
in House Report 110-678.
  Mr. EHLERS. I have an amendment at the desk.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Ehlers:
       Page 11, line 25, strike ``or''.
       Page 12, line 3, strike the period at the end and insert 
     ``; or''.
       Page 12, after line 3, insert the following new paragraph:
       (3) purchasing carbon offsets.

  The CHAIRMAN. Pursuant to House Resolution 1234, the gentleman from 
Michigan (Mr. Ehlers) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Michigan.
  Mr. EHLERS. One part about this bill that is probably worthwhile is 
the effort to reduce energy use, and in particular to reduce the carbon 
footprint, as it has come to be called, although I have always joked 
that I prefer ``carbon tire tracks'' because we produce a lot more 
carbon dioxide with our cars than from other common sources. 
Nevertheless, this bill allows schools to use funds to reduce the 
carbon footprint of their schools.
  As I perused this bill, I realized that it was entirely possible that 
the schools might decide to use the Federal funds to purchase carbon 
offsets or carbon credits. To me, that would make absolutely no sense 
whatsoever. Because schools are small, they do not emit huge amounts of 
carbon dioxide, and the money that they might want to use for that can 
much better be used to improve insulation in the schools, improve the 
insulation in the walls, improve the type of windows so that there's 
less energy escaping. There are many modifications that can be made 
that would reduce energy use, and by reducing energy use, you reduce 
the carbon footprint.
  I would also maintain that it is much more effective to reduce the 
energy use, whether it's by better insulation or by sealing the 
windows, or putting in the appropriate type of glass. It's much more 
cost-effective in reducing the carbon footprint than it would be to buy 
carbon offsets. So it seems to me that we should make certain that no 
school would ever attempt to use Federal funds, if this bill passes, 
for the purpose of buying carbon credits.
  This is not because I oppose carbon credits. I think this is 
something that in fact we will be facing shortly because the Senate is 
working on a bill on that issue, but I am simply for efficiency, not 
wasting money, making certain that the money that is in this bill, if 
this bill passes, will be used wisely and will be used to conserve 
energy, not to purchase carbon offsets.
  With that in mind, I offer this bill to make certain that money is 
not improperly used and to make sure that we use the funds efficiently.
  With that, I reserve the balance of my time.
  Mr. KILDEE. Madam Chairman, I rise to claim time in opposition, 
although I do not intend to oppose the amendment.
  The CHAIRMAN. Without objection, the gentleman from Michigan is 
recognized for 5 minutes.
  There was no objection.
  Mr. KILDEE. We have looked at the amendment and we feel we can accept 
it on this side. I would urge a ``yes'' vote.
  I yield back the balance of my time.
  Mr. EHLERS. I just wish to state that I appreciate the gentleman from 
Michigan, the other gentleman from Michigan accepting this amendment.
  I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Michigan (Mr. Ehlers).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. McKEON. Madam Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Michigan will be 
postponed.


            Amendment No. 3 Offered by Mr. Welch of Vermont

  The CHAIRMAN. It is now in order to consider amendment No. 3 printed 
in House Report 110-678.
  Mr. WELCH of Vermont. As the designee of Ms. Shea-Porter of New 
Hampshire, I call up an amendment made in order by the rule.

[[Page 11273]]

  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Welch of Vermont:
       Page 9, after line 12, insert the following:
       (8) renewable energy generation and heating systems, 
     including solar, photovoltaic, wind, geothermal, or biomass, 
     including wood pellet, systems or components of such systems;
       Page 9, line 13, strike ``(8)'' and insert ``(9)''.
       Page 9, line 20, strike ``(9)'' and insert ``(10)''.
       Page 9, line 22, strike ``(8).'' and insert ``(9).''.

  The CHAIRMAN. Pursuant to House Resolution 1234, the gentleman from 
Vermont (Mr. Welch) and a Member opposed each will control 15 minutes.
  The Chair recognizes the gentleman from Vermont.
  Mr. WELCH of Vermont. At this time I recognize the principal author 
of this amendment, Congresswoman Carol Shea-Porter of New Hampshire.
  Ms. SHEA-PORTER. I am proud to offer this amendment alongside my 
colleagues, Representatives Welch, Arcuri, and Hodes, and I thank them 
for their hard work on this amendment. I would also like to thank 
Chairman Miller, Subcommittee Chairman Kildee, and Representatives 
Chandler and Loebsack for their hard work on this legislation.
  Madam Chairman, energy and heating costs are on the rise and 
communities across the country are feeling the pinch. Now more than 
ever, it's important to focus on sustainable forms of energy and 
heating production. Going green is not only the right thing to do for 
our environment and for national security reasons, but it's the 
financially responsible thing to do as well.
  The Shea-Porter/Welch/Acuri/Hodes amendment builds on the positive 
steps taken in H.R. 3021 by specifying that the funds authorized by 
this act may be used to invest in sustainable solutions that meet the 
energy and heating needs of our Nation's school facilities. Sustainable 
solutions such as geothermal, solar, wind, and biomass technologies 
will help to mitigate the costs of the increasing traditional energy 
sources on our schools by reducing the schools' dependence on 
traditional sources. This amendment makes a simple change, but it is an 
important one, as it serves to provide school districts with greater 
flexibility in the use of these dollars.
  Madam Chairman, 82 percent of the 475 public schools in my home State 
of New Hampshire were built prior to 1981, and 36 were built prior to 
1951. Just think of all the advances that have been made in heating and 
energy efficiency technologies since then. The underlying legislation 
will certainly help modernize these schools, and with our amendment, 
H.R. 3021, will do even more by allowing school districts to make 
critical investments in sustainable heating and energy solutions.
  Madam Chairman, the Shea-Porter/Welch/Arcuri/Hodes amendment is 
supported by the National Education Association, and it deserves the 
support of our colleagues as well. I urge a ``yea'' vote on this 
amendment and the underlying legislation. Let's invest in our school 
infrastructure in an environmentally and economically sound way.
  Mr. McKEON. Madam Chairman, I claim time in opposition to the 
amendment, although I don't expect to oppose its passage.
  The CHAIRMAN. Without objection, the gentleman from California is 
recognized for 15 minutes.
  There was no objection.
  Mr. McKEON. I yield myself such time as I may consume.
  This amendment allows funding under the massive new program to be 
used for renewable energy generation and heating systems in schools. 
Clearly, this amendment recognizes that schools are grappling with the 
high cost of energy, and they need help. I couldn't agree more. But we 
are acknowledging that schools, like the rest of the country, are being 
burdened by the skyrocketing costs of gasoline, diesel fuel, and other 
energy sources. I'd like to know why we are not having a real debate 
about energy solutions.
  Giving schools a little bit of money for renewable energy generation 
and heating systems, while ignoring the problem of rising gasoline, 
diesel, and other energy costs, will not solve the problems our schools 
are facing. In the Northeast, for instance, we know that many schools 
rely on home heating oil during the winter months. Clearly, a one-size-
fits-all approach isn't going to work.
  What we need are comprehensive energy solutions. We need to expand 
production here at home, something my friends on the other side of the 
aisle have historically opposed 86 percent of the time. We need to 
encourage innovation and invest in new fuel alternatives, and we need 
to promote conservation. Only by embracing meaningful energy reforms 
will we finally be able to move toward energy independence and provide 
our schools, especially those impacted by the skyrocketing costs of 
heating oil, much needed relief. That is why I am so disappointed in 
this legislation. It's quite simply the wrong solution to the wrong 
problem.
  If the question is how should the Federal Government help our 
schools, the answer is by funding programs that promote academic 
achievement for disadvantaged children. If the question is how should 
the Federal Government help schools burdened by high energy costs, the 
answer is by taking decisive action to increase energy production here 
at home, and red tape and regulations encourage next generation energy 
sources and promote conservation.
  The bill achieves none of these goals. I won't oppose passage of this 
amendment, but I strongly oppose passage of this legislation.
  I reserve the balance of my time.
  Mr. WELCH of Vermont. I yield 4 minutes to the gentleman from New 
York (Mr. Arcuri).
  Mr. ARCURI. I thank my colleague from Vermont for yielding. I would 
like to also thank the chairman, Chairman Miller, and Subcommittee 
Chairman Kildee for this wonderful piece of legislation.
  Madam Chairman, I rise today in strong support of this amendment, 
which would allow schools to purchase and install renewable energy 
generation systems. Our amendment would allow schools to choose from a 
diverse selection of renewable energy sources. But I would like to 
specifically highlight two that pose significant potential: Geothermal 
and biomass wood pellet systems.
  Just last week during the Memorial Day District Work Period, I had an 
opportunity to tour the Cayuga-Onondaga BOCES in Auburn, New York, and 
received a firsthand look at a geothermal heating and cooling system in 
action. The Cayuga-Onondaga BOCES completed installation last July of a 
closed-loop geothermal system. The system includes 200 wells around the 
campus, 330 feet deep, that tap into the earth's constant ground 
temperature at a level of 55 degrees. The system circulates that 55-
degree air temperature year round throughout the buildings on the 
campus.

                              {time}  1830

  In the winter, the system relies on a boiler to slightly increase the 
air temperature on the campus to a comfortable level of 68 degrees, 
requiring substantially less energy than normal, and in the warm summer 
months, the system needs no additional energy whatsoever to cool the 
buildings on campus.
  The New York State Energy Research Development Authority recently 
conducted a study that found the system to be a remarkable 43 percent 
more energy efficient than a building built to standard code. While it 
might be too soon to qualify the actual monthly cost savings, I think 
it is safe to say that a building 43 percent more energy efficient will 
realize significant cost savings in the future and allow a school 
district to spend resources where they are most needed, on better 
educating our students, hiring more teachers, and to fund underfunded 
programs like the IDEA.
  The second component of this amendment I wish to highlight is wood 
pellet energy. Wood has the potential to meet our Nation's energy needs 
in a safe and

[[Page 11274]]

environmentally responsible way. Studies show that commodities can save 
significant taxpayer funds by switching to wood energy for heating 
schools. For example, communities can save as much as 50 percent over 
natural gas, 80 percent over propane, 80 percent over electric heat and 
50 percent over oil by switching to wood energy.
  Especially in the upstate New York district that I represent, with 
its bountiful forest resources, wood energy such as biomass offers an 
array of economic environmental benefits compared to traditional fossil 
fuels. Both geothermal and wood energy systems can be fueled by 
renewable local resources. This keeps energy dollars circulating in the 
local and regional economy, instead of flowing to other nations. These 
systems also aid local budgets by providing lower and more stable fuel 
costs for our schools. Investments like this benefit the whole 
community by relieving pressure on local budgets and associated tax 
rates, leading to healthier communities. Unlike some other renewable 
energy systems, both geothermal and biomass systems can run 
continuously and provide a constant level of power throughout the day.
  Beyond the amendment my colleagues and I are offering today, it is 
also worth noting the overall benefits of the underlying legislation. 
Everyone in this Chamber, Republican and Democrat, understands the 
importance of lowering energy prices.
  The 21st Century Green High-Performing Public School Facilities Act 
represents a trifecta of sound public policy. It improves the education 
system for our children, it does so in an environmentally friendly way 
that decreases our dependence on finite fossil fuels, and it creates 
jobs for hardworking middle class families. I urge my colleagues to 
support this amendment and the underlying legislation.
  Mr. WELCH of Vermont. Madam Chairman, I yield 3 minutes to the 
gentleman from New Hampshire (Mr. Hodes).
  Mr. HODES. Madam Chairman, I thank the gentleman for yielding.
  I want to first thank my colleagues, Ms. Shea-Porter, Mr. Welch and 
Mr. Arcuri, for their work on this important amendment. This amendment 
will help schools in my district in New Hampshire to power their 
classrooms with alternative energy sources, including wood pellets and 
wood biomass, sources that are plentiful throughout New Hampshire. For 
example, under this new program, the program would help invest more 
than half a million dollars for Concord, New Hampshire's school 
district, and almost $1.5 million for Nashua, New Hampshire's schools. 
These dollars will allow our schools to reinvest in cost-effective and 
clean alternative energy.
  Schools throughout New Hampshire are already investing to a limited 
extent in renewable energy and saving money. For example, Merrimack 
Valley High School and Middle School recently switched to wood biomass 
to heat their school facilities. In just one winter, the school 
district saved $80,000 in heating costs, and that was before the recent 
steep rise in the price of a barrel of oil. From March to March, that 
is $1.50 a gallon for heating oil that the costs have gone up, so we 
can only imagine what they will save in the coming winter.
  As you can see, the alternative energies we promote here will help 
save money for our Nation's school districts in power and heating 
costs. That means schools will have more dollars to invest in improving 
our children's education. It means our school districts can afford more 
teachers in the classroom, more computers for our students and smaller 
class sizes to give our kids more individual attention. It means that 
our wise investments in this bill will pay huge dividends.
  Energy efficiency, conservation and renewable energy are the key to a 
secure energy future for the United States of America. We can't drill 
our way out of the energy crisis we face. Green is the new red, white 
and blue.
  To create a 21st century energy policy, we must all collectively make 
changes in how we power our buildings in both the private and public 
sector. This amendment will help our schools become leaders in an 
energy plan for the 21st century and give our school districts more 
resources to invest in our children's education. I am proud to support 
this amendment. I urge its passage.
  Mr. McKEON. Madam Chairman, I yield myself 1 minute.
  As the gentleman that just spoke said, we cannot drill our way into 
energy independence. I agree, because over the past 12 years, every 
time we have had a vote to give us an opportunity to explore and find 
more oil to get us past the gap to where all these other things that 
they are talking about will work, 91 percent of House Republicans have 
historically supported the increase of production of American-made oil 
and gas, while 86 percent of House Democrats have historically voted 
against increasing the production of American-made oil and gas.
  Ten years ago when we passed an energy bill that would let us drill 
in the ANWR which would reduce gas prices now 70 cents to $1.60 a 
gallon, and that would be in production now and we would be receiving 
that benefit, President Clinton vetoed that bill.
  So, yes, we can't drill our way out of it. We have to sit here and 
buy oil from countries around the globe that want to see us destroyed, 
and I don't see how we possibly can continue to go on putting ourselves 
in that position. We need to find new energy, and we need to do it now.
  Madam Chairman, as I said, I will not oppose this amendment. I oppose 
the underlying bill for many, many reasons.
  I yield back the balance of my time.
  Mr. WELCH of Vermont. Madam Chairman, I yield myself such time as I 
may consume to just briefly close.
  Madam Chairman, there are two issues that have been debated during 
the course of this proposed amendment. One is what is the proper way to 
try to provide new supplies of oil.
  There is a debate here, as Mr. McKeon has outlined it, and it has 
been carried on in many other bills relating to energy, about the 
possibility of the United States drilling and capturing more oil and 
natural gas here in our own territorial boundaries. The premise, of 
course, is if we did that, we would be able significantly to address 
the problem, and it also has as a premise that the obstacles to 
drilling are what is causing us not to drill.
  In fact, that simply is not true. There are tens of millions of acres 
of federally owned land that are leased to the oil and gas companies, 
and only 28 percent of acres on shore and only 20 percent of the acres 
offshore where there actually are leases left are producing oil and 
gas. So there is an enormous capacity already that is out there for oil 
and gas companies to do the drilling. Why they don't, I guess we would 
have to ask them. But it is hard to imagine that there is a 
disincentive for them to take these leases that they have, giving them 
the opportunity to drill, when we have got oil that hovers around $130 
a barrel. So the suggestion that that is the problem I think is 
incorrect.
  Secondly, the United States, and we have got to face this, we have 2 
percent of the world's oil supply. That is it. Yet we consume 24 
percent of the oil. So if we think that it is going to be a long-term 
approach to dealing with the increasing cost of oil when we are using 
24 percent and we only have 2 percent of the known reserves, I think 
that is going to fall on its own weight.
  The second issue really is putting aside that debate about what is 
the long-term, shall we be drilling or not, it begs the question of 
whether shouldn't we be doing everything that is within our capacity 
right now to give tools to local communities to save money on their 
energy costs and don't make the policy argument about whether we should 
or shouldn't be drilling be an impediment to taking the concrete step 
that this bill proposes to give our schools the tools they need to save 
money.
  Let me just give you a couple of examples in Vermont. We have 32 
schools that have transitioned to wood biomass. These are small 
schools, but they have saved over 1 million gallons of home heating 
oil. Home heating oil now in Vermont, the last bill I paid

[[Page 11275]]

was $4.30 a gallon. That is over $4 million. That also, as my colleague 
Mr. Arcuri said, is a trifecta, because it reduced carbon emissions by 
11,000 tons. It also provided jobs to local Vermonters who are 
providing the basic material that provided the energy to these schools.
  So this is an extraordinary incentive for our local schools to try to 
save money. That is a burden that is immense on the property taxpayers, 
and this is a practical piece of legislation that allows our 
communities and our schools to take positive steps to reduce the bottom 
line.
  I urge, along with my colleagues who have offered this amendment, led 
by Congresswoman Carol Shea-Porter, a ``yes'' vote on this amendment.
  I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Vermont (Mr. Welch).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. WELCH of Vermont. Madam Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Vermont will be 
postponed.


            Amendment No. 4 Offered by Mr. Davis of Virginia

  The CHAIRMAN. It is now in order to consider amendment No. 4 printed 
in House Report 110-678.
  Mr. DAVIS of Virginia. Madam Chairman, I have an amendment made in 
order under the rule.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Davis of Virginia:
       Page 8, after line 6, insert the following:
       (3) Distributions by local educational agencies.--A local 
     educational agency receiving a grant under this title may 
     give priority, in using the grant, to projects to be carried 
     out in a public secondary school recognized as a Science and 
     Technology High School or as a secondary school with a 
     science and technology program.

  The CHAIRMAN. Pursuant to House Resolution 1234, the gentleman from 
Virginia (Mr. Davis) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Virginia.
  Mr. DAVIS of Virginia. Madam Chairman, I yield myself such time as I 
may consume.
  I rise today to offer an amendment to H.R. 3021 that would allow 
local education priority consideration for science and technology 
schools once grant funds reach their State's local educational 
agencies.
  I have traditionally opposed the concept of the Federal Government 
directly funding school construction and renovation. However, I believe 
the legislation today provides an excellent opportunity to advance what 
should be an increasingly prominent component of Federal education 
policy, active promotion and assistance for rigorous science, math and 
technology programs at the secondary level.
  Science, math and technology schools throughout the country enable 
students to cultivate a spirit of discovery and innovation. More 
importantly, they give some of our best and our very brightest the 
ability to compete with similarly talented students from other 
countries around the world.
  In my district, Thomas Jefferson High School for Science and 
Technology is a perfect example of the type of institution we should be 
promoting nationwide. TJ, as we call it, is part of the Fairfax County 
public school system, but draws applicants from across five counties 
and two cities in Northern Virginia, selecting 500 students from a pool 
of several thousand applicants. While TJ tops the list of U.S. News and 
World Report's list of America's best high schools, its building and 
infrastructure is deteriorating and in need of repair. It also needs 
access to increasingly advanced laboratory facilities to provide 
cutting edge programs and study.
  I appreciate the concerns of my colleagues regarding an expanded 
Federal role in school construction. I want to note, however, that 
there can be a role for Congress to play.

                              {time}  1845

  One of our congressional accomplishments was closing the Lorton 
Prison and putting some of that land into the public school system in 
Fairfax County in which South County High School was built, a public-
private partnership.
  As we debate added Federal participation in school construction 
maintenance, I am ready to set aside preexisting qualms to make sure 
that schools focused on science, math, and technology receive the focus 
they merit. Make no mistake, these individuals and skills that these 
students possess will be the foundation of our economy in the coming 
years. It is in our interest to give them the foundation they will need 
to excel in a world that is quickly catching up with us.
  In closing, I want to thank Chairman Miller and his staff for their 
willingness to work with me on this issue. I look forward to continuing 
this effort as this legislation moves forward, and I urge my colleagues 
to support the amendment.
  I reserve the balance of my time.
  Mr. KILDEE. Madam Chairman, I rise to claim the time in opposition, 
although I do not intend to oppose the amendment.
  The CHAIRMAN. Without objection, the gentleman from Michigan is 
recognized for 5 minutes.
  There was no objection.
  Mr. KILDEE. First of all, I want to thank the gentleman from Virginia 
(Mr. Davis) for his work on this bill and for all his work here in the 
Congress. He has been a distinguished Member of this Congress, one who 
loves this institution. And as he goes off in other pursuits, I 
certainly wish him well.
  I look around this Congress, and you see on both sides of the aisle 
people for whom you have great respect, and he certainly has my 
respect. His interest in science and technology makes him the natural 
one to have the expertise in this and apply that to our K-12 schools.
  I yield back the balance of my time.
  Mr. DAVIS of Virginia. I just want to thank the gentleman for making 
this amendment in order. I appreciate his support as the legislation 
moves forward.
  I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Virginia (Mr. Davis).
  The amendment was agreed to.


                Amendment No. 5 Offered by Mr. Visclosky

  The CHAIRMAN. It is now in order to consider amendment No. 5 printed 
in House Report 110-678.
  Mr. VISCLOSKY. Madam Chairman, I rise as the designee for Mr. Stupak 
to claim time in support of the amendment offered.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Visclosky:
       Page 6, line 3, strike ``308(a)'' and insert ``309(a)''.
       Page 10, line 14, strike ``308(b)'' and insert ``309(b)''.
       Page 13, after line 2, insert the following (and 
     redesignate provisions and conform the table of contents 
     accordingly):

     SEC. 305. SPECIAL RULE ON USE OF IRON AND STEEL PRODUCED IN 
                   THE UNITED STATES.

       (a) In General.--A local educational agency shall not 
     obligate or expend funds received under this Act for a 
     project for the modernization, renovation, or repair of 
     public school facility unless all of the iron and steel used 
     in such project is produced in the United States.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply in any case in which the local educational agency finds 
     that--
       (1) their application would be inconsistent with the public 
     interest;
       (2) iron and steel are not produced in the United States in 
     sufficient and reasonably available quantities and of a 
     satisfactory quality;
       (3) inclusion of iron and steel produced in the United 
     States will increase the cost of the overall project contract 
     by more than 25 percent.

  The CHAIRMAN. Pursuant to House Resolution 1234, the gentleman from 
Indiana (Mr. Visclosky) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Indiana.

[[Page 11276]]


  Mr. VISCLOSKY. Madam Chairman, I first of all would like to express 
my appreciation to Mr. Stupak for all of his hard work on this 
initiative, but also would like to thank the chairman of the full 
committee as well as the ranking member for their work on this 
important bill, as well as the chairwoman of the Rules Committee for 
making this amendment in order.
  The amendment would require all iron and steel purchased with funds 
authorized by this act to use only American-made steel. This stems from 
a Steel Caucus hearing that was held in April, where we learned that 
the government does not have an established process to monitor the 
safety of steel imports. We also learned that foreign imports from 
China, for example, do not adhere to international standards and 
guidelines when they manufacture steel.
  If the school construction projects provided under this act are to be 
truly safe for our children, then we must ensure that the steel used is 
American. If we buy only American steel for our schools, we will know 
that it adheres to our safety and quality standards, and would 
encourage my colleagues to support the Stupak-Visclosky amendment to 
keep our schools safe and to vote for passage of the underlying 
measure.
  Madam Chairman, I recognize the gentleman from Ohio (Mr. Wilson) for 
1\1/2\ minutes.
  Mr. WILSON of Ohio. Madam Chairman, I rise today in support of the 
Stupak-Visclosky amendment, calling for all iron and steel used under 
this act to be produced here in our United States.
  Since 1892, my home State of Ohio has been a leading steel producer, 
and today remains among the top three steel producing States in our 
country.
  In April, I had the opportunity to attend a hearing held by the 
Congressional Steel Caucus examining the dangers of standardized 
substandard Chinese steel. What I learned was that these products are 
not being inspected in China and the products are not being inspected 
at our ports when they enter our country. And again, today, the steel 
is not inspected as it is used to build some of our Nation's most 
critical infrastructure, like our children's schools.
  In the last year we have seen China's iron and steel production 
increase by more than 50 percent. Today, Chinese steel is being used to 
make everything from our schools to our hospitals to our bridges, and I 
have serious concerns about whether or not this Chinese steel is strong 
enough to keep our families and our Nation safe.
  This amendment will ensure that the steel used is from American 
companies that will follow the proper safety and quality standards in 
our products. Our children deserve safe schools. A strong and viable 
U.S. steel industry is critical to America's infrastructure and the 
national economic security and homeland security.
  In conclusion, I urge my colleagues to join me and to support the 
Stupak-Visclosky amendment, and encourage my fellow Members to vote for 
final passage of this important bill.
  Mr. ENGLISH of Pennsylvania. Madam Chairman, I rise the claim the 
time on this side in favor of this amendment.
  The CHAIRMAN. Without objection, the gentleman is recognized for 5 
minutes.
  There was no objection.
  Mr. ENGLISH of Pennsylvania. Madam Chairman, I rise today in strong 
support of this amendment, which would require local education agencies 
to use American steel and iron for modernization, renovation, or repair 
projects, such as at a public school facility. As the past chairman of 
the Congressional Steel Caucus and as the current vice chairman of that 
body, I have been working for some time on a bipartisan basis to 
promote policies to provide for the use of American steel precisely in 
these sorts of settings.
  Madam Chairman, you may recall one of my favorite books which was 
Robert Penn Warren's remarkable novel, All the King's Men, in which the 
anti-hero Willie Stark is thrust into prominence because he takes on 
the local political machine, the local political machine which is 
building a schoolhouse with cheap materials at risk to students. He 
raises this issue; he is ignored, but in the end he is vindicated 
because once the schoolhouse is built, because of cheap steel 
ultimately many children are hurt and killed in a terrible accident.
  Today, we are contemplating a similar set of circumstances and the 
same risk. Just a few months ago, our Steel Caucus held a hearing to 
examine the dangers with imported Chinese steel products. What we 
discovered is that there are serious and legitimate concerns regarding 
the quality of these imports and whether they are adequately monitored. 
We currently have no mechanism for evaluating or for stopping steel 
that does not meet specifications at the border. And once it is inside 
our market, this steel is used on bridges, buildings, power plants, and 
even schools. In fact, in the fall of 2007, the California Department 
of General Services posted an alert on Chinese steel tubing fabricated 
for school construction projects that had been found to be defective.
  Through independent tests and studies we know that there are 
frequently deficiencies in Chinese steel, yet we also know that 
American steel consistently has met the highest standards.
  Madam Chairman, if the goal of the 21st Century Green High-Performing 
Public Schools Facilities Act is to provide a safe and healthy learning 
environment for children, we should be insisting that we are using 
steel of a clearly determined quality; and, we would be doing a 
disservice to the parents and to the children of our country by not 
ensuring that the school's infrastructure is built with steel of a 
guaranteed quality. The difference between steel that makes the grade 
and steel that doesn't meet required standards could very well be a 
matter of life and death.
  The use of deficient or structurally inefficient steel for 
renovations or repair projects is a clear public safety hazard. Such a 
blunder could increase the overall cost of projects and increase 
construction time. If the school construction projects provided under 
this legislation are truly going to meet the high standards that we 
expect of any structure for our children, we must ensure that the steel 
used is from American companies that will follow the proper safety and 
quality standards in its products.
  Madam Chairman, this is a commonsense amendment that mirrors 
legislation that I have introduced with the gentleman from Indiana (Mr. 
Visclosky) earlier this year. I am delighted that the author has seen 
fit to offer it as part of this legislation. I would strongly urge all 
of my colleagues on both sides of the aisle to support this amendment.
  I reserve the balance of my time.
  Mr. VISCLOSKY. Madam Chairman, it is my privilege to recognize Mr. 
Stupak, the principal author of the amendment, for 1\1/2\ minutes. He 
is the leader on this issue.
  Mr. STUPAK. I thank the gentleman. I thank him for his assistance and 
for pinch hitting for me tonight until I could get here.
  Madam Chairman, the Stupak-Visclosky amendment would require that all 
steel and iron used under the 21st Century Green High-Performing Public 
Schools Facilities Act be produced in the United States. Cheap imported 
steel is a danger to our children and is compromising their safety.
  In April, during the Congressional Steel Caucus hearing, U.S. Customs 
and Border Protection Assistant Commissioner David Baldwin testified 
that Customs and Border Protection does not conduct compliance tests to 
monitor the strength, durability, or hardness of the steel imported 
into the United States.
  Until the Federal Government can make sure imported steel from China 
and other countries meet safety and quality standards, we should not 
let any of it be used in our schools, or in any other buildings, as a 
matter of fact.
  We must make sure that the steel used in these projects meets the 
proper standards in the first place. The Stupak-Visclosky amendment 
would require educational agencies to use

[[Page 11277]]

American steel and iron for modernization, renovation, or repair 
projects at a public school facility.
  The amendment also includes a provision that will ensure that schools 
can comply with these standards. If steel and iron produced in the U.S. 
will increase the cost of a project by more than 25 percent, and iron 
and steel from elsewhere is proven safe, then agencies can use steel 
and iron from other sources as long as it is safe.
  To protect our children, we must ensure that the steel used in our 
schools is from American companies that meet proper safety and quality 
standards. I urge a ``yes'' vote on the Stupak-Visclosky amendment.

                              {time}  1900

  Mr. ENGLISH of Pennsylvania. Madam Chairman, at this time, if the 
gentleman has no other speakers, we would be delighted to yield back.
  Mr. VISCLOSKY. I believe, Madam Chairman, I have 1 minute left. I 
would yield that to Mr. Kucinich, the gentleman from Ohio.
  Mr. KUCINICH. The Visclosky/Stupak amendment will boost our steel 
industry and protect American jobs by requiring that steel and iron 
used in school buildings funded by this act be made in the USA.
  Concerns about substandard steel imports are well taken. At a recent 
hearing sponsored by the Congressional Steel Caucus, it was revealed 
that independent testing of imported Chinese steel found a 60 percent 
failure rate for steel rods used for such applications as securing 
bridges.
  This amendment will ensure that the substandard steel will not be 
used to construct vital infrastructure or schools for those of us who 
are truly concerned about the safety of our children. China's going to 
have to go a way to be able to develop quality testing standards to 
assure that the products that are sent here are going to be up to the 
standards that we expect should be obtained for infrastructure and for 
schools.
  This initiative maintains our commitment to securing a strong 
domestic steel industry, and I ask for the Members to support it.
  Mr. CARSON of Indiana. Madam Chairman, I rise in strong support of 
the Stupak/Visclosky amendment.
  Madam Chairman, in order to build state of the art schools, you need 
sound state of the art materials. This amendment ensures that our 
schools will be constructed with strong and durable resources by 
mandating that our schools be built with American steel.
  I would like to thank Congressman Stupak and Congressman Visclosky 
for offering this worthwhile amendment. There is nothing more important 
than ensuring that our children have safe and productive environments 
in which to learn.
  I encourage my colleagues to support the Stupak/Visclosky amendment 
and the underlining bill.
  The CHAIRMAN. All time for debate has expired.
  The question is on the amendment offered by the gentleman from 
Indiana (Mr. Visclosky).
  The amendment was agreed to.
  The CHAIRMAN. The Chair understands that amendment No. 6 will not be 
offered at this time.


                Amendment No. 7 Offered by Mr. Matheson

  The CHAIRMAN. It is now in order to consider amendment No. 7 printed 
in House Report 110-678.
  Mr. MATHESON. Madam Chairman, I have an amendment at the desk.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Matheson:
       Page 15, line 18, strike ``and''.
       Page 15, after line 18, insert the following (and 
     redesignate provisions accordingly):
       (C) if flooring was installed, whether--
       (i) it was low- or no-VOC (Volatile Organic Compounds) 
     flooring;
       (ii) it was made from sustainable materials; and
       (iii) use of flooring described in clause (i) or (ii) was 
     cost-effective; and

  The CHAIRMAN. Pursuant to House Resolution 1234, the gentleman from 
Utah (Mr. Matheson) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Utah.
  Mr. MATHESON. Madam Chairman, this amendment is an effort to refine 
the reporting of requirements in the legislation for schools that 
receive grants under this program relative to the flooring that is 
installed in these schools.
  Schools and local educational agencies receiving grants under this 
bill would report if they install flooring, whether it was low or no 
volatile organic compounds flooring; whether it was made from 
sustainable materials, and report on the cost effective nature of that 
decision to install that type of flooring.
  I just want to be clear though. This amendment is not a mandate. It 
doesn't require schools to install any particular type of flooring. It 
really is a purpose just to gather information to find out if or not 
this material has been used in the installation process.
  One of the motivations behind this amendment is to ensure that we 
raise this issue about the opportunity for both children and teachers 
who are in schools, that they are put in the best learning and teaching 
environment possible. The reason for that is because materials such as 
flooring in some schools can contain potentially unhealthy levels of 
volatile organic compounds that can lead to unsafe indoor air quality 
for both students and teachers.
  Again, I think this is a relatively straightforward amendment just to 
increase the reporting requirements to say what happened in terms of 
how the flooring was required. It does not require any particular type 
of flooring to be installed, but it helps us gather information and 
raise awareness about the benefits of using low or no volatile organic 
compound flooring.
  I reserve the balance of my time.
  Mr. McKEON. I claim time in opposition to the amendment.
  The CHAIRMAN. The gentleman from California is recognized for 5 
minutes.
  Mr. McKEON. I yield myself such time as I may consume, Madam 
Chairman.
  The purpose of this amendment is to gather information about the 
types of floors that schools may be installing with funds provided 
under this massive new federally funded school construction program. 
Like the rest of the bill, it simply misses the point.
  If our goal today is to address the problems facing our Nation's 
schools, we shouldn't be talking about floors or bicycle racks. We 
should be talking about how to bring down the price of gas.
  High gas prices are hitting schools hard. They're driving up costs 
for nearly every aspect of a school's budget, from transportation to 
school lunches and from utilities to supplies.
  What we should be debating is how to address the skyrocketing cost of 
energy. Instead, we're talking about creating a $20 billion program 
that allows bureaucrats in Washington to tell our communities how to 
build their schools.
  The Federal Government has had a history of investing in our Nation's 
schools, but it's not the floors and the walls and the plumbing and the 
light bulbs where we focus our investment. Rather, it's the students 
themselves. Our role, the role of the Federal Government, is to support 
programs that help improve student academic achievement.
  We know that disadvantaged children, children with disabilities, 
English language learners and our vulnerable populations have too often 
been left behind by our educational system. Our job is to ensure all 
children are given the opportunity to receive a high quality education. 
That means learning from a highly qualified teacher and being held to 
the same high academic standards.
  I know how important safe and healthy schools are, and that's why 
States are spending some $20 billion each year on the building and 
modernization of schools facilities.
  If we really want to meet the needs of our schools, we should be 
doing two things: We should be maintaining the Federal focus on student 
achievement, and we should be talking about how to bring down the cost 
of energy to help schools, families, businesses and our economy.

[[Page 11278]]

  I reserve the balance of my time.
  Mr. MATHESON. Just very briefly, Madam Chairman.
  Last week, I had the opportunity to visit Daybreak Elementary School 
in West Jordan, Utah, the first LEED-certified school in our State. In 
that location this school used low VOC paint and carpet.
  I think that there are a number of issues we need to be talking about 
in this Congress today. But I do think the notion of having a safe 
indoor environment for teachers and students has merit, and actually 
collecting data and reporting what type of materials are used in school 
construction makes sense.
  I urge adoption of my amendment.
  I yield back the balance of my time.
  Mr. McKEON. I agree with the gentleman. I just don't think it should 
be the Federal Government's responsibility to go into the local 
communities and tell them what type and how to build their schools, who 
should build their schools and how much they should spend.
  I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Utah (Mr. Matheson).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. MATHESON. Madam Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from Utah will be postponed.


                Amendment No. 8 Offered by Mr. Reichert

  The CHAIRMAN. It is now in order to consider amendment No. 8 printed 
in House Report 110-678.
  Mr. REICHERT. Madam Chairman, I have an amendment at the desk.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Reichert:
       Page 9, line 18, strike ``or''.
       Page 9, line 19, strike ``and'' and insert ``or''.
       Page 9, after line 19, insert the following new 
     subparagraph:
       (D) reduce class size; and

  The CHAIRMAN. Pursuant to House Resolution 1234, the gentleman from 
Washington (Mr. Reichert) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Washington.
  Mr. REICHERT. Madam Chairman, today we are considering legislation to 
improve the conditions of our elementary and secondary schools. Yet 
nothing in this bill addresses the issue of class size and the 
overcrowding that plagues our schools and hinders the learning 
environment of our children.
  There are 50 million students in our public elementary and secondary 
schools, and enrollment is expected to continue to increase. By the 
year 2100, our public and private institutions, from pre-kindergarten, 
through college, will accommodate an estimated 94 million American 
children and young adults, an increase of over 40 million over the 
current school population.
  Our schools are already severely overcrowded, with many forced to 
accept twice their capacity and open portable classrooms. According to 
a 2000 report from the National Center for Educational Statistics, 36 
percent of schools had to use portable classrooms to accommodate 
growing student populations.
  I've also heard reports that some schools are requiring and asking 
students to actually sit on desks and on teachers desks due to the 
overcrowding in classrooms. This is not an environment for learning for 
our children, and they deserve much better.
  Since students in overcrowded classrooms lack quality one-on-one time 
with their teachers, their academic skills suffer. Research shows that 
smaller class sizes significantly increase the amount of learning that 
takes place, reducing disciplinary problems and improving teacher 
productivity.
  Smaller classes also particularly benefit students from low-income or 
disadvantaged backgrounds. For example, lowering class sizes in 
Tennessee closed the achievement gap between black students and white 
students by 38 percent.
  According to the U.S. Department of Education, ``A growing body of 
research demonstrates that students attending small classes in early 
grades make more rapid educational progress than students in larger 
classes, and that these achievement gains persist well after the 
students move on to larger classes in later grades.''
  One of the most well known conclusive studies on class size is 
Project STAR, the only large-scale controlled study of the effects of 
reduced class size that was conducted in 79 elementary schools in the 
State of Tennessee. According to the results from this study, 72 
percent of students graduate on time in smaller class sizes, versus 66 
percent from regular class sizes. Children in smaller class sizes 
complete more advanced math and English courses, and the drop-out rate 
is at least 4 percent lower in schools with smaller classes.
  Our children deserve the individualized attention and instruction 
afforded by small class sizes. As we consider legislation today to 
usher our schools into the 21st Century, we should, at the very least, 
consider how new technologies and building designs can accommodate 
smaller class sizes, which is what my amendment would do.
  My amendment is very simple. It provides that local education 
agencies may use a grant for modernization, renovation or repair of 
public school facilities to help reduce class sizes. Students and 
teachers deserve better than shared and portable classrooms. It's time 
we do something to help ensure our students receive the individualized 
attention they need, to help teachers in maintaining an orderly 
classroom.
  In addition to building new modern schools with minimal environmental 
impact, we should build schools for the 21st Century equipped with 
technology and modern equipment that accommodates small class sizes 
that are safe for teaching and encourage learning.
  Madam Chairman, this amendment is simple. It is straightforward, and 
has been endorsed by the National Education Association. I urge my 
colleagues to support this commonsense amendment.
  I reserve the balance of my time.
  Mr. KILDEE. Madam Chairman, I claim time in opposition, but I do not 
intend to oppose the amendment.
  The CHAIRMAN. Without objection, the gentleman from Michigan is 
recognized for 5 minutes.
  There was no objection.
  Mr. KILDEE. We've looked over the Reichert amendment and we accept 
the amendment.
  I yield back the balance of my time.
  Mr. REICHERT. I thank the gentleman for his support, and I yield back 
my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Washington (Mr. Reichert).
  The amendment was agreed to.

                              {time}  1915


                      Announcement by the Chairman

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments printed in House Report 110-678 on which 
further proceedings were postponed, in the following order:
  Amendment No. 1 by Mr. Kildee of Michigan.
  Amendment No. 2 by Mr. Ehlers of Michigan.
  Amendment No. 3 by Mr. Welch of Vermont.
  Amendment No. 7 by Mr. Matheson of Utah.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.


                 Amendment No. 1 Offered by Mr. Kildee

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Michigan (Mr. 
Kildee) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.

[[Page 11279]]




                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 260, 
noes 151, not voting 27, as follows:

                             [Roll No. 374]

                               AYES--260

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castor
     Cazayoux
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Fortenberry
     Fortuno
     Fossella
     Foster
     Frank (MA)
     Gerlach
     Giffords
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     LaTourette
     Lee
     Levin
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Platts
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reichert
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--151

     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Carter
     Castle
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Doolittle
     Drake
     Dreier
     Duncan
     Emerson
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     Kingston
     Kline (MN)
     Knollenberg
     Kucinich
     Lamborn
     Latham
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Petri
     Pickering
     Pitts
     Poe
     Price (GA)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Walberg
     Walden (OR)
     Wamp
     Weldon (FL)
     Westmoreland
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--27

     Aderholt
     Andrews
     Bishop (UT)
     Boucher
     Campbell (CA)
     Carney
     Chabot
     Cummings
     Faleomavaega
     Filner
     Gallegly
     Gilchrest
     Gillibrand
     Grijalva
     Hunter
     Jackson-Lee (TX)
     Kilpatrick
     Larson (CT)
     Lewis (GA)
     McCrery
     Moran (VA)
     Norton
     Pomeroy
     Pryce (OH)
     Rush
     Shuler
     Van Hollen

                              {time}  1941

  Messrs. DAVIS of Illinois, ENGLISH of Pennsylvania, LINCOLN DIAZ-
BALART of Florida, MARIO DIAZ-BALART of Florida, SHIMKUS and Mrs. 
CAPITO changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Madam Chairman, on rollcall 374, I was unable to vote 
because of delays in my air travel. Had I been present, I would have 
voted ``aye.''


                 Amendment No. 2 Offered by Mr. Ehlers

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Michigan (Mr. 
Ehlers) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 397, 
noes 17, not voting 24, as follows:

                             [Roll No. 375]

                               AYES--397

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Carter
     Castle
     Castor
     Cazayoux
     Chandler
     Childers
     Christensen
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta

[[Page 11280]]


     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Scalise
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Shimkus
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Spratt
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--17

     Baldwin
     Blumenauer
     Clay
     Emanuel
     Gonzalez
     Jackson (IL)
     Johnson, E. B.
     Kirk
     Lipinski
     Moore (WI)
     Ros-Lehtinen
     Schakowsky
     Sherman
     Speier
     Stark
     Weiner
     Woolsey

                             NOT VOTING--24

     Andrews
     Boucher
     Campbell (CA)
     Carney
     Chabot
     Clarke
     Faleomavaega
     Filner
     Gallegly
     Gilchrest
     Gillibrand
     Gutierrez
     Hunter
     Jackson-Lee (TX)
     Lewis (GA)
     McCrery
     Meeks (NY)
     Moran (VA)
     Norton
     Pryce (OH)
     Rangel
     Rush
     Shuler
     Van Hollen


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). Two minutes remain on this vote.

                              {time}  1949

  Ms. BALDWIN changed her vote from ``aye'' to ``no.''
  Mr. BARROW changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Madam Chairman, on rollcall 375, I was unable to vote 
because of delays in my air travel. Had I been present, I would have 
voted ``aye.''


            Amendment No. 3 Offered by Mr. Welch of Vermont

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Vermont (Mr. Welch) 
on which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 409, 
noes 5, not voting 24, as follows:

                             [Roll No. 376]

                               AYES--409

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Bordallo
     Boren
     Boswell
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Carter
     Castle
     Castor
     Cazayoux
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Forbes
     Fortenberry
     Fortuno
     Fossella
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Giffords
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Scalise
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuster
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Speier
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Tancredo
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weldon (FL)
     Weller
     Westmoreland
     Wexler
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NOES--5

     Flake
     Linder
     Marchant
     Paul
     Young (AK)

                             NOT VOTING--24

     Andrews
     Bishop (UT)
     Boucher
     Campbell (CA)
     Carney
     Chabot
     Faleomavaega
     Filner
     Gallegly
     Gilchrest
     Gillibrand
     Grijalva
     Hunter
     Jackson-Lee (TX)
     Lewis (GA)
     McCarthy (NY)
     McCrery

[[Page 11281]]


     Norton
     Pryce (OH)
     Rush
     Shuler
     Van Hollen
     Velazquez
     Waters


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). There are 2 minutes remaining on this 
vote.

                              {time}  1957

  Messrs. ROYCE and WELDON of Florida changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Madam Chairman, on rollcall 376, I was unable to vote 
because of delays in my air travel. Had I been present, I would have 
voted ``aye.''


                Amendment No. 7 Offered by Mr. Matheson

  The CHAIRMAN. The unfinished business is the demand for a recorded 
vote on the amendment offered by the gentleman from Utah (Mr. Matheson) 
on which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 266, 
noes 153, not voting 19, as follows:

                             [Roll No. 377]

                               AYES--266

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Bordallo
     Boren
     Boswell
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Buchanan
     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castle
     Castor
     Cazayoux
     Chandler
     Childers
     Christensen
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Ferguson
     Fortenberry
     Fortuno
     Foster
     Frank (MA)
     Frelinghuysen
     Gerlach
     Giffords
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hayes
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Klein (FL)
     Kucinich
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McDermott
     McGovern
     McHenry
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Perlmutter
     Peterson (MN)
     Platts
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--153

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bilbray
     Bilirakis
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Carter
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Emerson
     Everett
     Fallin
     Feeney
     Flake
     Forbes
     Fossella
     Foxx
     Franks (AZ)
     Garrett (NJ)
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Lamborn
     Latham
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCotter
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Myrick
     Neugebauer
     Nunes
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Price (GA)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Sali
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Thornberry
     Tiahrt
     Tiberi
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--19

     Andrews
     Boucher
     Campbell (CA)
     Carney
     Chabot
     Faleomavaega
     Filner
     Gallegly
     Gilchrest
     Gillibrand
     Hunter
     Jackson-Lee (TX)
     Lewis (GA)
     McCrery
     Norton
     Pryce (OH)
     Rush
     Shuler
     Van Hollen


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). There are 2 minutes left in this 
vote.

                              {time}  2004

  Mrs. CAPITO and Mr. CULBERSON changed their vote from ``no'' to 
``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. FILNER. Madam Chairman, on rollcall 377, I was unable to vote 
because of delays in my air travel. Had I been present, I would have 
voted ``aye.''
  The CHAIRMAN. The question is on the committee amendment in the 
nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Pomeroy) having assumed the chair, Ms. Bordallo, Chairman of the 
Committee of the Whole House on the state of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3021) to 
direct the Secretary of Education to make grants and low-interest loans 
to local educational agencies for the construction, modernization, or 
repair of public kindergarten, elementary, and secondary educational 
facilities, and for other purposes, pursuant to House Resolution 1234, 
she reported the bill back to the House with an amendment adopted by 
the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the amendment 
reported from the Committee of the Whole? If not, the question is on 
the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


          Motion to Recommit Offered by Mrs. Mc Morris Rodgers

  Mrs. McMORRIS RODGERS. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentlewoman opposed to the bill?

[[Page 11282]]


  Mrs. McMORRIS RODGERS. I am, in its present form, sir.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:
       Mrs. McMorris Rodgers of Washington moves to recommit the 
     bill H.R. 3021 to the Committee on Education and Labor with 
     instructions to report the same back to the House promptly in 
     the form to which perfected at the time of this motion, with 
     the following amendment:
       Page 11, line 25, before the semicolon, insert the 
     following: ``, except that a local educational agency whose 
     energy expenditures have increased by at least 50 percent 
     since January 4, 2007, may pay maintenance costs for any of 
     the activities described in section 103''.

  The SPEAKER pro tempore. The gentlewoman from Washington is 
recognized for 5 minutes.
  Mrs. McMORRIS RODGERS. Ladies and gentlemen of the House, schools, 
like everyone in America, are facing an immediate financial crunch, not 
because schools don't have enough funding for green maintenance, but, 
rather, they can't afford the rising cost of energy.
  The high cost of energy is affecting schools in many ways. Some 
schools are moving to a 4-day school week to save fuel and energy 
costs. Busing service is being cut back because it's so costly to fuel 
school buses. Field trips, sporting events, and after-school activities 
are being limited. School lunches cost more. School supplies cost more.
  Yet the bill before us does nothing to reduce the cost of gasoline, 
diesel, heating oil, electricity, or any other energy cost. That's 
because the Democrats refuse to unveil their ``commonsense plan'' for 
bringing down energy costs.
  What the motion to recommit proposes is simple: We want to let 
schools use these funds where they are needed. For many schools they 
need help with their energy costs.
  Currently, schools are prohibited from using funds under this bill 
for ``maintenance.'' Instead, these taxpayer dollars are supposed to go 
exclusively for renovation and modernization.
  The motion to recommit says that any school whose energy costs have 
risen by 50 percent since the 110th Congress gaveled into session, 
these funds can be used for school maintenance in addition to other 
initiatives.
  At the start of this school year, the Reardan-Edwall School District, 
in Eastern Washington, was paying $2.88 per gallon for diesel. They are 
now paying almost double, $4.93 per gallon. So what are they doing? 
They are trying to decide between additional teachers, textbooks, and 
supplies or the diesel needed to get the kids to school.
  School budgets are being squeezed and stretched like never before. 
Instead of reducing flexibility for schools to use this money as they 
see fit, this bill imposes a heavy-handed big government approach that 
limits local control.
  Schools, like all of us, need energy relief. Americans are concerned 
about energy costs, and they want us to unleash American ingenuity. The 
vast majority, 70 percent now, say we should develop gas and oil in 
America.
  In addition, the United States is rich in oil shale with deposits 
located in Colorado, Utah, New Mexico, and Wyoming. These reserves 
contain energy equivalent to 2 to 3 trillion barrels of oil. To put 
this into perspective, the world has used 1 trillion barrels of oil 
since the first well was successfully drilled in Pennsylvania in 1859.
  Developing our energy resources is an important step in the long-term 
strategy of reducing our dependence on foreign oil. We can and we must 
start meeting America's energy needs with American resources.
  Join me in giving schools energy relief. The motion to recommit will 
ensure this bill gives it to them.
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in opposition to 
the motion to recommit.
  The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Speaker and Members of the 
House, all day long we have had an interesting double argument here 
from my colleagues on the other side. All day long they have insisted 
that school districts are in trouble because of increased energy costs, 
because of the increased cost of electricity, natural gas, air 
conditioning, heating, fuel for the buses, and all the rest of it. And 
they have spent all day long arguing against a bill that's designed 
exactly to deal with the energy costs of those schools, by helping 
those districts to refurbish, to rebuild, to remodel, to reconstruct 
old facilities that do not use energy efficiently, that do not have 
state-of-the-art facilities for the conservation of energy, for the 
better use of energy.
  We are giving out tax cuts and have for many years in a very sensible 
program to help businesses come into the modern age in energy. 
Businesses, homeowners, and others are reaping huge savings. But 
schools aren't.
  So this bill simply says that the Federal Government will join in a 
partnership with local districts who have already set out their 
priorities to provide for energy efficiency, to provide for new 
technologies so that they can provide the best learning environment for 
the children in those school districts. And when they do that, what 
we're seeing across the country is those schools that are fortunate 
enough to have the money are dramatically reducing the amount of their 
budgets that go to energy and they can use that on curriculum or 
extracurricular activities or teacher pay or whatever else it is.

                              {time}  2015

  But most schools can't afford to do that. And so what we are saying 
is we will simply partner up with those districts most in need and see 
if we can help them reduce their energy budgets over the years so they 
can put it into education. That is the bill that Mr. Chandler 
introduced. That is the bill that is designed and has been voted on on 
this floor today, because that is the need of the school districts. 
That is why the school districts, the State Superintendents of Schools, 
local school districts, are supporting this legislation, because it 
meets the need they have.
  Now somehow after arguing all day long that this is too heavy of a 
hand, we now see an amendment that we've never see in committee, we 
didn't see on the floor, we didn't see in Rules Committee, that is 
suggesting somehow we just pay the ongoing maintenance cost of the 
districts. I don't know if that is what you wanted to sign up for. We 
thought we'd sign up to be a partner in district priorities to 
refurbish and rehab schools and improve the energy efficiency of those 
based upon the district policies. I didn't know we were going to sign 
up for a long-term grant for the maintenance of school districts.
  I would like to yield now to the author of the bill, the gentleman 
from Kentucky (Mr. Chandler).
  Mr. CHANDLER. Thank you, Mr. Chairman.
  This motion to recommit has absolutely nothing to do with this bill, 
nothing at all to do with this bill. This bill is about school 
construction. This bill allows our children to compete in a global 
economy. It helps them to compete. It is about energy efficiency. But 
it's about energy efficiency in our schools. It's about ``green'' 
schools. It's a very, very good bill. Plus, in addition to that, it 
creates at least 100,000 jobs, and they are jobs that will not and 
cannot be exported, like so many of our jobs have seen happen.
  This bill is supported by almost every education body in the country. 
It's supported by the National School Board Association, it's supported 
by the PTA, it's supported by the NEA, the Principals' Associations 
throughout this country, it's supported by the American Federation of 
Teachers, and the National School Administrators.
  If the minority were really serious about this motion to recommit and 
about improving this bill, if they were serious about the cost of 
gasoline, if they were serious about doing something for the American 
people, and if they wanted to help the kids of this country, they 
wouldn't have made it a bill that would be reported back promptly. That 
is what they have done. They intend to kill the bill.
  Please vote against the motion to recommit.

[[Page 11283]]


  Mr. GEORGE MILLER of California. I thank my colleague.
  All day long in this Chamber we have had amendment after amendment 
saying that if we weren't putting money into school construction to 
refurbish these schools in need, they would put it in IDEA, they would 
put it in title I, they would put it in after-school care, they would 
put it in monitoring. You know what? When they had the money and they 
were in control, they didn't put it anywhere.
  They inherited a $5 trillion surplus, a $5 trillion surplus, and when 
they had the money, they didn't put it anywhere. Now we have a $9 
trillion debt and they still can't fund education. That is why we have 
got to stop it. We should reject this motion to recommit. This is 
enough to kill the bill. What we need is in fact more money for our 
schools.
  The SPEAKER pro tempore. The gentleman's time has expired.


                         Parliamentary Inquiry

  Mr. WESTMORELAND. Parliamentary inquiry, Mr. Speaker.
  The SPEAKER pro tempore. State your parliamentary inquiry.
  Mr. WESTMORELAND. Mr. Speaker, isn't it true if this motion were to 
pass, that this House could put the bill back into the committee from 
which it came and it could be brought out the next legislative day?
  The SPEAKER pro tempore. As the Chair reaffirmed on November 15, 
2007, at some subsequent time, the committee could meet and report the 
bill back to the House.
  Without objection, the previous question is ordered on the motion to 
recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mrs. McMORRIS RODGERS. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This 15-minute vote will be followed by a 5-
minute vote on passage, if ordered.
  The vote was taken by electronic device, and there were--ayes 187, 
noes 230, not voting 16, as follows:

                             [Roll No. 378]

                               AYES--187

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--230

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castor
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Fortenberry
     Foster
     Frank (MA)
     Garrett (NJ)
     Giffords
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Platts
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                             NOT VOTING--16

     Andrews
     Boucher
     Campbell (CA)
     Chabot
     Doolittle
     Filner
     Gallegly
     Gilchrest
     Gillibrand
     Jackson-Lee (TX)
     Lewis (GA)
     McCrery
     Pryce (OH)
     Rush
     Shuler
     Van Hollen


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  2037

  Mr. ISRAEL changed his vote from ``aye'' to ``no.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. FILNER. Mr. Speaker, on rollcall 378, I was unable to vote 
because of delays in my air travel. Had I been present, I would have 
voted ``no.''
  (By unanimous consent, Mr. Braley of Iowa was allowed to speak out of 
order.)


            Moment of Silence for Victims of Iowa Tornadoes

  Mr. BRALEY of Iowa. Mr. Speaker, on Sunday, May 25, when many of us 
were enjoying the Memorial Day holiday, my district was hit with an F5 
tornado that left a path of death and devastation in its wake. The 
cities of Parkersburg, New Hartford, Dunkerton, Hazleton and Lamont 
were the cities that were hit hardest. Eight people were killed, 350 
people lost their homes, thousands more had their homes severely 
damaged, and 50 businesses were destroyed, including 21 in the small 
town of Parkersburg alone.
  I would ask at this time for a moment of silence for those who lost 
their lives and to remember the sacrifice that is being made right now.
  The SPEAKER pro tempore. Members will rise and observe a moment of 
silence.

[[Page 11284]]




                Announcement By the Speaker Pro Tempore

  The SPEAKER pro tempore. Without objection, 5-minute voting will 
continue.
  There was no objection.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 250, 
nays 164, not voting 19, as follows:

                             [Roll No. 379]

                               YEAS--250

     Abercrombie
     Ackerman
     Allen
     Altmire
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castor
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellsworth
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Farr
     Fattah
     Foster
     Frank (MA)
     Gerlach
     Giffords
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Hayes
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Kirk
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Platts
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reichert
     Renzi
     Reyes
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Weller
     Wexler
     Whitfield (KY)
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--164

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Cubin
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson, Sam
     Jones (NC)
     Jordan
     King (IA)
     King (NY)
     Kingston
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     McCarthy (CA)
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Price (GA)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Roskam
     Royce
     Ryan (WI)
     Sali
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Westmoreland
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--19

     Andrews
     Boucher
     Braley (IA)
     Campbell (CA)
     Chabot
     Doolittle
     Ellison
     Filner
     Gallegly
     Gilchrest
     Gillibrand
     Jackson-Lee (TX)
     Lewis (GA)
     Marchant
     McCrery
     Pryce (OH)
     Rush
     Shuler
     Van Hollen

                              {time}  2046

  Mrs. MUSGRAVE changed her vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  The title was amended so as to read:
  ``A bill to direct the Secretary of Education to make grants to State 
educational agencies for the modernization, renovation, or repair of 
public kindergarten, elementary, and secondary educational facilities, 
and for other purposes.''.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. FILNER. Mr. Speaker, on rollcall 379, I was unable to vote 
because of delays in my air travel. Had I been present, I would have 
voted ``yea.''

                          ____________________