[House Report 110-678]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-678
======================================================================
PROVIDING FOR 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
_______
June 3, 2008.--Referred to the House Calendar and ordered to be printed
_______
Ms. Sutton, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1234]
The Committee on Rules, having had under consideration
House Resolution 1234, by a record vote of 6 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3021, the
21st Century Green High-Performing Public School Facilities
Act, under a structured rule. The rule provides one hour of
general debate equally divided and controlled by the chairman
and ranking minority member of the Committee on Education and
Labor. The rule waives all points of order against
consideration of the bill except clauses 9 and 10 of rule XXI.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Education and Labor
now printed in the bill shall be considered as an original bill
for the purpose of amendment and shall be considered as read.
The rule waives all points of order against the amendment in
the nature of a substitute except for clause 10 of rule XXI.
This waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure).
The rule makes in order only those amendments printed in
this report. The amendments made in order may be offered only
in the order printed in this report, may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for a division of the question in the House
or in the Committee of the Whole. All points of order against
the amendments except for clauses 9 and 10 of rule XXI are
waived. The rule provides one motion to recommit with or
without instructions. The rule provides that, notwithstanding
the operation of the previous question, the Chair may postpone
further consideration of the bill to a time designated by the
Speaker.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) and waives all points of order against the amendment in
the nature of a substitute (except clause 10 of rule XXI), the
Committee is not aware of any points of order. The waivers of
all points of order are prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 518
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Bishop, Rob (UT), #4, which
would provide that charter schools be included in the bill.
Results: Defeated 2-6.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Slaughter--Nay.
Rules Committee record vote No. 519
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. McKeon (CA), #5, which would
require a local educational agency to declare that it is in
compliance with the public school choice and supplemental
educational services requirements of the Elementary and
Secondary Education Act before receiving funding.
Results: Defeated 2-6.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Slaughter--Nay.
Rules Committee record vote No. 520
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Kline (MN), #6, which would
require a local educational agency to declare that it is in
compliance with the military recruiter requirements of the
Elementary and Secondary Education Act before receiving
funding.
Results: Defeated 2-5.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea.
Rules Committee record vote No. 521
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Castle (DE), #3, which would
require that the Title I program for low-income students be
fully funded before providing states and school districts with
school construction grants.
Results: Defeated 2-5.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea.
Rules Committee record vote No. 522
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Hastings (WA)/Hayes (NC), #12,
which would provide preference for the grants provided by this
bill to school districts that are heavily impacted by federal
land ownership and qualify for the Impact Aid program.
Results: Defeated 2-6.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Slaughter--Nay.
Rules Committee record vote No. 523
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Hastings (WA), #13, which
would provide that none of the funds appropriated or made
available under Title I of the bill shall be expended unless
(1) the total amount appropriated to carry out sections 8002
and 8003 of the Elementary and Secondary Education Act of 1965
for the year is sufficient to provide the maximum amount for
each local educational agency determined eligible under such
sections; and (2) the total amount appropriated or otherwise
made available to carry out sections 8007 and 8008 of the
Elementary and Secondary Education Act of 1965 for the year
exceeds by at least 2 percent of such amount for the prior
fiscal year.
Results: Defeated 2-6.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Slaughter--Nay.
Rules Committee record vote No. 524
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Shadegg (AZ), #9, which would
replace the LEED green building rating system mandate with
incentives for school-based projects that will increase energy
efficiency by at least 5%, with priority given to those
projects that decrease energy consumption the most.
Results: Defeated 2-6.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Slaughter--Nay.
Rules Committee record vote No. 525
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Davis, David (TN), #7, which
would require a local educational agency to declare that it is
in compliance with the school prayer requirements of the
Elementary and Secondary Education Act before receiving
funding.
Results: Defeated 2-6.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Slaughter--Nay.
Rules Committee record vote No. 526
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Flake (AZ), #11, which would
prohibit funds appropriated under the bill from being used for
Congressional earmarks as defined by clause 9(d) of rule XXI of
the Rules of the House of Representatives.
Results: Defeated 2-6.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Slaughter--Nay.
Rules Committee record vote No. 527
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Dreier.
Summary of motion: To report a modified open rule.
Results: Defeated 2-6.
Vote by Members: Hastings (FL)--Nay; Matsui--Nay; Welch--
Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Hastings (WA)--Yea;
Slaughter--Nay.
Rules Committee record vote No. 528
Date: June 3, 2008.
Measure: H.R. 3021.
Motion by: Mr. Hastings (FL).
Summary of motion: To report the rule.
Results: Adopted 6-2.
Vote by Members: Hastings (FL)--Yea; Matsui--Yea; Welch--
Yea; Arcuri--Yea; Sutton--Yea; Dreier--Nay; Hastings (WA)--Nay;
Slaughter--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Miller, George (CA): In addition to making various
technical changes, the amendment clarifies or adds certain
allowable uses of funds, clarifies the Act's green building
requirements, and adds certain reporting requirements. (10
minutes)
2. Ehlers (MI): Would establish a moratorium on using
federal funds to purchase carbon offsets with the funding
authorized in the bill. (10 minutes)
3. Shea-Porter (NH)/Welch (VT)/Arcuri (NY)/Hodes (NH):
Would allow funding authorized by the bill to be used for
renewable energy generation and heating systems in schools. (30
minutes)
4. Davis, Tom (VA): Would allow for priority consideration
to science and technology schools once the funds reach their
local educational agencies. (10 minutes)
5. Stupak (MI)/Visclosky (IN): Would require a local
educational agency to use American steel and iron for
modernization, renovation, or repair projects at a public
school facility. Includes waivers if iron and steel are not
produced in the U.S. in sufficient and reasonably available
quantities and if iron and steel produced in the U.S. will
increase the cost of the overall project by more than 25
percent. (10 minutes)
6. Brady, Kevin (TX): Would include Texas in Title II of
the bill. (10 minutes)
7. Matheson (UT): Provides that schools and local
educational agencies receiving grants under this bill shall
report, if they installed flooring, whether it was (1) low- or
no-VOC (Volatile Organic Compounds) flooring, (2) made from
sustainable materials, and (3) cost effective. (10 minutes)
8. Reichert (WA): Provides that local education agencies
may use a grant for modernization, renovation, or repair of
public school facilities to reduce class size. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE
1. An Amendment To Be Offered by Representative George Miller of
California, or His Designee, Debatable for 10 Minutes
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 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.''.
----------
2. An Amendment To Be Offered by Representative Ehlers of Michigan, or
His Designee, Debatable for 10 minutes
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.
----------
3. An Amendment To Be Offered by Representative Shea-Porter of New
Hampshire, or Her Designee, Debatable for 30 Minutes
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).''.
----------
4. An Amendment To Be Offered by Representative Tom Davis of Virginia,
or His Designee, Debatable for 10 Minutes
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.
----------
5. An Amendment To Be Offered by Representative Stupak of Michigan, or
His Designee, Debatable for 10 Minutes
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.
----------
6. An Amendment To Be Offered by Representative Brady of Texas, or His
Designee, Debatable for 10 Minutes
Page 10, line 3, after ``Mississippi,'' insert ``Texas,''.
Page 10, line 15, after ``Mississippi,'' insert ``Texas,''.
----------
7. An Amendment To Be Offered by Representative Matheson of Utah, or
His Designee, Debatable for 10 Minutes
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
----------
8. An Amendment To Be Offered by Representative Reichert of Washington,
or His Designee, Debatable for 10 Minutes
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