H. Res. 427: H.R. - 2187 – 21st Century Green High-Performing Public Schools Facility Act.

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday,  May 12, 2009.
FLOOR ACTION: ADOPTED BY THE HOUSE BY A RECORD VOTE OF 248-175 on Wednesday May 13, 2009

MANAGERS: Polis/Diaz-Balart

111th Congress 
1st Session

H.RES 427

[Report No. 111-106]

 

H.R. 2187 - 21st Century Green High-Performing Public School Facilities Act

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.
  3. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.
  4. 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.
  5. 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).
  6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution.
  7. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 division of the question in the House or in the Committee of the Whole.
  8. Waives all points of order against the amendments printed in the report except those arising under clause 9 or 10 of rule XXI.
  9. Provides one motion to recommit with or without instructions.

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.  After general debate the bill shall be considered for amendment under the five-minute rule.  It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI.  Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution.  Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 division of the question in the House or in the Committee of the Whole.  All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions

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)/

Cuellar (TX)

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)/Cuellar (TX)/Kosmas (FL)/

Green, Al (TX)

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. Luján (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)