[House Report 110-678]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-678

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   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

                                  
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