[House Report 111-106]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-106
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2187) TO DIRECT THE
SECRETARY OF EDUCATION TO MAKE GRANTS TO STATE EDUCATIONAL AGENCIES FOR
THE MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC SCHOOL FACILITIES,
AND FOR OTHER PURPOSES
_______
May 12, 2009.--Referred to the House Calendar and ordered to be printed
_______
Mr. Polis, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 427]
The Committee on Rules, having had under consideration
House Resolution 427, by a nonrecord vote, 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. 2187, 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 chair and
ranking minority member of the Committee on Education and
Labor.
The rule waives all points of order against consideration
of the bill except those arising under clause 9 or 10 of rule
XXI. The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Education and Labor
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 those arising under 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 those arising under clause 9 or 10 of
rule XXI are waived. Finally, the rule provides one motion to
recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except those arising under clause 9 or 10 of rule
XXI) includes a waiver of clause 4(a) of rule XIII (requiring a
three-day layover of the committee report). Although the rule
waives all points of order against the amendment in the nature
of a substitute (except those arising under clause 10 of rule
XXI), the Committee is not aware of any points of order. The
waiver of all points of order is 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. 87
Date: May 12, 2009.
Measure: H.R. 2187.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Castle, Mike (DE), #9, which
would require the title I program for low-income students
(title I of ESEA) to be fully funded before states receive
funds under bill's grant program.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 88
Date: May 12, 2009.
Measure: H.R. 2187.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Hastings, Doc (WA), #19, which
would require funds provided under title VIII of the Elementary
and Secondary Education Act (Impact Aid program) to be
considered when allocating funds to state and local agencies
under the bill.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 89
Date: May 12, 2009.
Measure: H.R. 2187.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Kline, John (MN), #10, which
would provide that no funds may be appropriated or made
available pursuant to an authorization under this Act for any
fiscal year unless the Individuals with Disabilities Education
Act (IDEA) is fully funded for that year.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
Rules Committee record vote No. 90
Date: May 12, 2009.
Measure: H.R. 2187.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Foxx, Virginia (NC), #13,
which would provide that if the provisions of the bill
affecting authorization of appropriations have the net effect
of increasing authorized appropriations for the period 2010
through 2015, this bill shall not take effect.
Results: Defeated 4-7.
Vote by Members: McGovern--Nay; Hastings--Nay; Cardoza--
Nay; Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Foxx--Yea.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
1. Miller, George (CA): Would replace the bill's provision
regarding charter schools (section 308) with a new provision
that makes technical corrections and clarifies the disposition
of excess funds. Would expand the allowable uses of funds to
include repairing, replacing, and installing water supply and
building envelopes. Would add a new section to Title I of the
bill giving priority consideration to schools that would use
funding to remove asbestos, polychrolinated biphenyls, mold,
mildew, lead-based hazards, or a proven carcinogen. Would
increase the set-aside for tribal and outlying schools from 1%
to 2%. (10 minutes)
2. McKeon (CA): Would require states to be in compliance
with the public school choice, supplemental education services,
private school participation, and military recruiters
provisions of the Elementary and Secondary Education Act to be
eligible to receive funding under the bill. (10 minutes)
3. Titus (NV)/Markey, Betsy (CO): Would add a new section
314 requiring the Secretary of Education to establish an
Advisory Council to the Secretary on green, high-performing
schools. The Council will advise the Secretary on the impact of
green, high-performing schools on teaching and learning, health
energy costs and environmental impact; work with the Secretary
to recommend Federal policies to increase the number of green,
high-performing schools; provide technical assistance to
states; and identify Federal policies that are barriers to
helping states make schools green and high-performing. The
Council will consult with the Chair of the Council on
Environmental Quality, the Commerce Secretary, Energy
Secretary, Health and Human Services Secretary, Labor
Secretary, EPA Administrator, and the GSA Administrator. (10
minutes)
4. Roe (TN): Would add a new section 314 requiring the
Education Secretary to enter into an agreement with the
Department's Institute of Educational Sciences to evaluate the
impact of projects funded under the bill on student academic
achievement, including a comparison of students attending
public schools receiving funding under the bill with students
attending public schools that are not receiving such funding.
(10 minutes)
5. Ellsworth (IN): Would amend section 309 (green schools)
to provide that nothing in the bill shall be construed to
prohibit a local educational agency from using sustainable,
domestic hardwood lumber for public school modernization,
renovation, repairs, or construction. It also would amend
section 310 (reporting) to require agencies receiving grant
funds under the bill to disclose whether any flooring installed
was from renewable sources. (10 minutes)
6. Flake, Jeff (AZ): Would prohibit funds appropriated
under the bill to be used for congressional earmarks as defined
by clause 9(d) of rule XXI of the Rules of the House of
Representatives. (10 minutes)
7. Giffords (AZ)/Cleaver (MO): Would specify that local
educational agencies receiving funds under the act may
encourage schools receiving funds for projects to educate
students about those projects, including how they function, and
their environmental, energy, sustainability, and other
benefits. (10 minutes)
8. Reichert (WA): Would allow funds to be used to install
or upgrade technology to ensure schools are able to respond to
emergencies such as acts of terrorism, campus violence, and
natural disasters. (10 minutes)
9. Maffei (NY)/Schwartz (PA): Would require the Education
Secretary, in consultation with the Labor Secretary, to work
with funding recipients to promote opportunities for
individuals enrolled in Job Corps to gain employment experience
on modernization, repair, and construction projects funded
under the Act. The amendment would also require the Secretary
of Education in consultation with the Secretary of Labor, to
work with recipients of funds to promote appropriate
opportunities for individuals enrolled in a junior or community
college. (10 minutes)
10. Bright (AL): Would require the Secretary to reserve 5
percent of section 102 grant funds for grants to local
educational agencies serving geographic areas with significant
economic distress or recovering from a natural disaster. (10
minutes)
11. Griffith (AL)/Teague (NM): Would include reducing the
incidence and effects of asthma and other respiratory illnesses
in children among the voluntary guidelines for high performing
school buildings. It also would add reducing the incidence and
effects of asthma and other respiratory illnesses to the list
of demonstrable and expected benefits. The amendment also
includes the reduction and elimination of human exposure to
airborne particles such as dust, sand, and pollens among the
approved uses for grant funds used by local educational
agencies. (10 minutes)
12. Heinrich (NM): Would allow funds to be used to install
and upgrade recreational structures and physical education
facilities. (10 minutes)
13. Lujan (NM)/Schwartz (PA): Would permit funds to be used
for constructing greenhouses, gardens (including trees), and
other facilities for environmental, scientific, or other
educational purposes, or to produce energy savings. (10
minutes)
14. Schrader (OR): Would require the GAO to conduct a study
within one year of enactment on the extent and types of
projects in keeping with the uses of funds authorized, the
geographic distribution of green, high-performing schools
(including by urban, suburban, and rural areas), and the
relative access to such schools of the demographic groups
described in section 1111(b)(2)(C)(v) of the Elementary and
Secondary Education Act of 1965. These groups include:
economically-disadvantaged students, students from major racial
and ethnic groups, students with disabilities, and students
with limited English proficiency. (10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative George Miller of
California, or His Designee, Debatable for 10 Minutes
In the table of contents in section 1(b) of the bill, after
the item relating to section 103, insert the following:
Sec. 104. Priority projects.
In section 102(a)(1), strike ``1 percent'' and insert ``2
percent''.
In section 103, in the matter preceding paragraph (1), strike
``facilities--'' and insert ``facilities, including--''.
In section 103(1), insert ``water supply and'' after
``wiring,''.
In section 103(1), insert ``building envelope,'' after ``such
systems,''.
After section 103, insert the following:
SEC. 104. PRIORITY PROJECTS.
In selecting a project under section 103, a local educational
agency may give priority to projects involving the abatement,
removal, or interim controls of asbestos, polychlorinated
biphenyls, mold, mildew, lead-based hazards, including lead-
based paint hazards, or a proven carcinogen.
Strike section 308 and insert the following:
SEC. 308. CHARTER SCHOOLS.
(a) In General.--A local educational agency receiving an
allocation under this Act shall reserve an amount of that
allocation for charter schools within its jurisdiction for
modernization, renovation, repair, and construction of charter
school facilities.
(b) Determination of Reserved Amount.--The amount to be
reserved by a local educational agency under subsection (a)
shall be determined based on the combined percentage of
students eligible under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in the
schools of the agency who--
(1) are enrolled in charter schools; and
(2) the local educational agency, in consultation
with the authorized public chartering agency, expects
to be enrolled, during the year with respect to which
the reservation is made, in charter schools that are
scheduled to commence operation during such year.
(c) School Share.--Individual charter schools shall receive a
share of the amount reserved under subsection (a) based on the
need of each school for modernization, renovation, repair, or
construction, as determined by the local educational agency in
consultation with charter school administrators.
(d) Excess Funds.--After the consultation described in
subsection (c), if the local educational agency determines that
the amount of funds reserved under subsection (a) exceeds the
modernization, renovation, repair, and construction needs of
charter schools within the local educational agency's
jurisdiction, the agency may use the excess funds for other
public school facility modernization, renovation, repair, or
construction consistent with this Act and is not required to
carry over such funds to the following fiscal year for use for
charter schools.
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2. An Amendment To Be Offered by Representative McKeon of California,
or His Designee, Debatable for 10 Minutes
Amend section 102(b)(3)(B)(i) to read as follows:
(i) meets the requirements for--
(I) a local educational
agency plan under section
1112(a) of the Elementary and
Secondary Education Act of 1965
(20 U.S.C. 6312(a));
(II) public school choice
under section 1116(b)(1)(E) of
the Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6316(b)(1)(E));
(III) transportation funding
for public school choice under
section 1116(b)(9) of the
Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6316(b)(9));
(IV) supplemental educational
services funding under section
1116(b)(10) of the Elementary
and Secondary Education Act of
1965 (20 U.S.C. 6316(b)(10));
(V) supplemental educational
services under section 1116(e)
of the Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6316(e));
(VI) private school
participation under section
9501 of the Elementary and
Secondary Education Act of 1965
(20 U.S.C. 7881); and
(VII) armed forces recruiter
access under section 9528 of
the Elementary and Secondary
Education Act of 1965 (20
U.S.C. 7908); and
----------
3. An Amendment To Be Offered by Representative Titus of Nevada, or Her
Designee, Debatable for 10 Minutes
After section 313, insert the following:
SEC. 314. ADVISORY COUNCIL ON GREEN, HIGH-PERFORMING SCHOOLS.
(a) Establishment of Advisory Council.-- The Secretary shall
establish an advisory council to be known as the ``Advisory
Council on Green, High-Performing Schools'' (in this section
referred to as the ``Advisory Council'') which shall be
composed of--
(1) appropriate officials from the Department of
Education;
(2) representatives of the academic, architectural,
business, education, engineering, environmental, labor
and scientific communities; and
(3) such other representatives as the Secretary deems
appropriate.
(b) Duties of Advisory Council.--
(1) Advisory duties.--The Advisory Council shall
advise the Secretary on the impact of green, high-
performing schools, on--
(A) teaching and learning;
(B) health;
(C) energy costs;
(D) environmental impact; and
(E) other areas that the Secretary and the
Advisory Council deem appropriate.
(2) Other duties.--The Advisory Council shall assist
the Secretary in--
(A) making recommendations on Federal
policies to increase the number of green, high-
performing schools;
(B) identifying Federal policies that are
barriers to helping States and local
educational agencies make schools green and
high-performing;
(C) providing technical assistance and
outreach to States and local educational
agencies under section 309(c) ; and
(D) providing the Secretary such other
assistance as the Secretary deems appropriate.
(c) Consultation.--In carrying out its duties under
subsection (b), the Advisory Council shall consult with the
Chair of the Council on Environmental Quality and the heads of
appropriate Federal agencies, including the Secretary of
Commerce, the Secretary of Energy, the Secretary of Health and
Human Services, the Secretary of Labor, the Administrator of
the Environmental Protection Agency, and the Administrator of
the General Services Administration (through the Office of
Federal High-Performance Green Buildings).
In the table of contents in section 1(b), after the item
relating to section 313, insert the following:
Sec. 314. Advisory Council on Green, High-Performing
Schools.
____________________________________________________
4. An Amendment To Be Offered by Representative Roe of Tennessee, or
His Designee, Debatable for 10 minutes
After section 313, insert the following:
SEC. 314. EVALUATION.
(a) Evaluation.--
(1) In general.--The Secretary shall enter into an
agreement with the Institute of Educational Sciences of
the Department of Education to evaluate the impact of
projects funded under this Act on student academic
achievement, including a comparison of students
attending public schools receiving funding under this
Act with students attending public schools that are not
receiving such funding.
(2) Research design; dissemination.--The Secretary,
through a grant, contract, or cooperative agreement,
shall--
(A) ensure that the evaluation described in
paragraph (1) is conducted using the strongest
possible research design for determining the
effectiveness of the projects funded under this
Act; and
(B) disseminate information on the impact of
the projects in increasing the academic
achievement of students.
(b) Report.--Not later than 1 year after the final year for
which a grant is made under this Act, the Secretary shall
submit to the Committee on Appropriations, and the Committee on
Education and Labor, of the House of Representatives, and the
Committee on Appropriations, and the Committee on Health,
Education, Labor, and Pensions, of the Senate, a report on the
results of the evaluation described in subsection (a).
(c) Public Availability.--Following the submission of the
report under subsection (b), all reports and underlying data
gathered pursuant to this section shall be made available, in a
timely manner, to the public upon request.
(d) Rule of Construction.--Nothing in this section shall be
construed to permit the disclosure of any personally
identifiable information regarding a student, except to the
parents of the student.
(e) Limit on Amount Expended.--The amount expended by the
Secretary to carry out this section for a fiscal year shall not
exceed 0.5 percent of the total amount appropriated to carry
out this Act for such fiscal year.
In the table of contents in section 1(b), after the item
relating to section 313, insert the following:
Sec. 314. Evaluation.
____________________________________________________
5. An Amendment To Be Offered by Representative Ellsworth of Indiana,
or His Designee, Debatable for 10 minutes
In section 309, redesignate subsection (c) as subsection (d).
In section 309, insert after subsection (b) the following:
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a local educational agency from using
sustainable, domestic hardwood lumber as ascertained through
the forest inventory and analysis program of the Forest Service
of the Department of Agriculture under the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et
seq.) for public school modernization, renovation, repairs, or
construction.
In section 310(a)(5)(C)(ii), insert ``and renewable'' after
``sustainable''.
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6. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 minutes
In section 311, add at the end the following:
(c) Prohibition on Earmarks.--None of the funds appropriated
under this section may be used for a Congressional earmark as
defined in clause 9(d) of rule XXI of the Rules of the House of
Representatives.
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7. An Amendment To Be Offered by Representative Giffords of Arizona, or
Her Designee, Debatable for 10 minutes
In the table of contents in section 1(b) of the bill, add at
the end the following:
Sec. 314. Education regarding projects.
At the end of the bill, add the following:
SEC. 314. EDUCATION REGARDING PROJECTS.
A local educational agency receiving funds under this Act may
encourage schools at which projects are undertaken with such
funds to educate students about the project, including, as
appropriate, the functioning of the project and its
environmental, energy, sustainability, and other benefits.
----------
8. An Amendment To Be Offered by Representative Reichert of Washington,
or His Designee, Debatable for 10 Minutes
In section 103(3), before the semicolon at the end, insert
the following: ``and installing or upgrading technology to
ensure that schools are able to respond to emergencies such as
acts of terrorism, campus violence, and natural disasters''.
----------
9. An Amendment To Be Offered by Representative Maffei of New York, or
His Designee, Debatable for 10 Minutes
In the table of contents in section 1(b) of the bill, add at
the end the following:
Sec. 314. Job Corps.
Sec. 315. Junior and community college students.
At the end of the bill, add the following:
SEC. 314. JOB CORPS.
The Secretary of Education, in consultation with the
Secretary of Labor, shall work with recipients of funds under
this Act to promote appropriate opportunities for individuals
enrolled in the Job Corps program carried out under subtitle C
of title I of the Workforce Investment Act of 1998 (29 U.S.C.
2881 et seq.) to gain employment experience on modernization,
renovation, repair, and construction projects funded under this
Act.
SEC. 315. JUNIOR AND COMMUNITY COLLEGE STUDENTS.
The Secretary of Education, in consultation with the
Secretary of Labor, shall work with recipients of funds under
this Act to promote appropriate opportunities for individuals
enrolled in a junior or community college (as defined in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1088(f))) certificate or degree program relating to projects
described in section 309(a) to gain employment experience
working on such projects funded under this Act.
----------
10. An Amendment To Be Offered by Representative Bright of Alabama, or
His Designee, Debatable for 10 Minutes
In section 102(a), add at the end the following:
(3) Distressed areas and natural disasters.--From the
amount appropriated to carry out this title for each
fiscal year pursuant to section 311(a), the Secretary
shall reserve 5 percent of such amount for grants to--
(A) local educational agencies serving
geographic areas with significant economic
distress, to be used consistent with the
purpose described in section 101 and the
allowable uses of funds described in section
103; and
(B) local educational agencies serving
geographic areas recovering from a natural
disaster, to be used consistent with the
purpose described in section 201 and the
allowable uses of funds described in section
203.
----------
11. An Amendment To Be Offered by Representative Griffith of Alabama,
or His Designee, Debatable for 10 Minutes
In section 102(b)(2)(C)(v) of the bill, strike ``air
quality,'' and insert ``air quality (including with reference
to reducing the incidence and effects of asthma and other
respiratory illnesses),''.
In section 103(12), strike ``through (11)'' and insert
``through (12)''.
In section 103, redesignate paragraphs (11) and (12) as
paragraphs (12) and (13), respectively.
In section 103, insert after paragraph (10) the following:
(11) measures designed to reduce or eliminate human
exposure to airborne particles such as dust, sand, and
pollens;
In section 310(a)(5)(D) of the bill, after ``quality,''
insert ``student and staff health (including with reference to
reducing the incidence and effects of asthma and other
respiratory illnesses),''.
----------
12. An Amendment To Be Offered by Representative Heinrich of New
Mexico, or His Designee, Debatable for 10 Minutes
In section 103(12), strike ``through (11)'' and insert
``through (12)''.
In section 103, redesignate paragraphs (11) and (12) as
paragraphs (12) and (13), respectively.
In section 103, insert after paragraph (10) the following:
(11) upgrading or installing recreational structures,
including physical education facilities for students,
made from post consumer recovered materials in
accordance with the comprehensive procurement
guidelines prepared by the Administrator of the
Environmental Protection Agency under section 6002(e)
of the Solid Waste Disposal Act (42 U.S.C. 6962(e));
----------
13. An Amendment To Be Offered by Representative Lujan of New Mexico,
or His Designee, Debatable for 10 Minutes
In section 103(12), strike ``through (11)'' and insert
``through (12)''.
In section 103, redesignate paragraphs (11) and (12) as
paragraphs (12) and (13), respectively.
In section 103, insert after paragraph (10) the
following:S6602
(11) creating greenhouses, gardens (including trees),
and other facilities for environmental, scientific, or
other educational purposes, or to produce energy
savings;
----------
14. An Amendment To Be Offered by Representative Schrader of Oregon, or
His Designee, Debatable for 10 Minutes
In the table of contents of the bill, add at the end the
following:
Sec. 314. GAO study.
At the end of the bill, add the following:
SEC. 314. GAO STUDY.
Not later than one year after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a study to determine, and report to the Congress on,
the extent and types of projects in keeping with the uses of
funds authorized under this Act being undertaken in schools
around the United States, the geographic distribution of green,
high-performing schools in the United States, including by
urban, suburban, and rural areas, and the relative access to
such schools of the demographic groups described in section
1111(b)(2)(C)(v) of the Elementary and Secondary Education Act
of 1965 (20 USC 6311(b)(2)(C)(v)).