US Congress HR2187

Link to Summary Link to Summary

Link to Full Text Link to Full Text

On May 18, 2009 in the Senate:

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

On May 14, 2009 in the House:

Considered as unfinished business.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments to H.R. 2187 which had been debated earlier and on which further proceedings had been postponed.
H.AMDT.128 On agreeing to the Giffords amendment Agreed to by recorded vote: 334 - 97 .
H.AMDT.131 On agreeing to the Bright amendment Agreed to by recorded vote: 433 - 0 .
H.AMDT.132 On agreeing to the Griffith amendment Agreed to by recorded vote: 433 - 0 .
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2187 .
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
Mr. Thompson moved to recommit with instructions to Education and Labor.
DEBATE - The House proceeded with 10 minutes of debate on the Thompson motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding at the end of section 311, the following: LIMITATION.- IN GENERAL.- Notwithstanding subsections and and any other provision of this Act, for any fiscal year for which funds are authorized to be appropriated under this Act that immediately follows a fiscal year in which the Federal Government has a deficit in excess of $500,000,000,000, the amount authorized to be appropriated under this Act shall be $0. ? DEFINITION.- For the purpose of this subsection, the term "deficit" means a fiscal year during which outlays of the Federal Government exceed receipts of the Federal Government.
The previous question on the motion to recommit with instructions was ordered without objection.
On motion to recommit with instructions Failed by recorded vote: 182 - 247 .
On passage Passed by recorded vote: 275 - 155 .
Motion to reconsider laid on the table Agreed to without objection.
Subsequent to final passage, Mr. Kline was recognized for the purpose of offering an amendment to amend the title.
H.AMDT.136 Amendment offered by Mr. Kline . Amendment sought to change the title of the bill.
Pursuant to clause 6, rule XVI, the amendment not being debatable, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Kline demanded a recorded vote which was ordered.
H.AMDT.136 On agreeing to the Kline amendment Failed by recorded vote: 149 - 257 .
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2187 .

On May 13, 2009 in the House:

Rule H. Res. 427 passed House.
Considered under the provisions of rule H. Res. 427 .
Rule provides for consideration of H.R. 2187 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. 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.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 427 and Rule XVIII.
The Speaker designated the Honorable Tim Holden to act as Chairman of the Committee.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2187 .
Pursuant to the provisions of H.Res. 427 , an amendment in the nature of a substitute now printed in the bill, is considered as adopted as original text for the purpose of further amendment.
H.AMDT.122 Amendment offered by Mr. Miller, George. Amendment replaces the bill's provision regarding charter schools with a new provision that makes technical corrections and clarifies the disposition of excess funds; expands the allowable uses of funds to include repairing, replacing, and installing water supply and building envelopes; adds 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; and increases the set-aside for tribal and outlying schools from 1% to 2%.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the George Miller amendment.
H.AMDT.122 On agreeing to the Miller, George amendment Agreed to by voice vote.
H.AMDT.123 Amendment offered by Mr. McKeon. Amendment requires 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.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the McKeon amendment.
H.AMDT.123 On agreeing to the McKeon amendment Agreed to by voice vote.
H.AMDT.124 Amendment offered by Ms. Titus. Amendment adds a new section requiring the Secretary of Education to establish an Advisory Council to the Secretary on green, high-performing schools. Such a Council would 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.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Titus amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Titus amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced the ayes had prevailed. Ms. Titus demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
H.AMDT.125 Amendment offered by Mr. Roe . Amendment adds a new section requiring the Education Secretary to enter into an agreement with the Departments' 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.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Roe amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Roe amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Kildee demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
H.AMDT.126 Amendment offered by Mr. Ellsworth. Amendment clarifies 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.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Ellsworth amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Ellsworth amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Ellsworth demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
H.AMDT.127 Amendment offered by Mr. McKeon. An amendment numbered 6 printed in House Report 111-106 to prohibit funds appropriated under the bill to be used for congressional earmarks as defined by clause 9 of rule XXI of the Rules of the House of Representatives.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the McKeon amendment.
H.AMDT.127 On agreeing to the McKeon amendment Agreed to by voice vote.
H.AMDT.128 Amendment offered by Ms. Giffords. Amendment specifies 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, as well as their environmental, energy, sustainability, and other benefits.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Giffords amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Giffords amendment, the Chair put the question on adoption of the amendment and by voice vote announced the ayes had prevailed. Ms. Giffords demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
H.AMDT.129 Amendment offered by Mr. Reichert. Amendment permits the use of funds in the bill for upgrading or installing technology to ensure that schools are prepared and able to respond to emergencies such as campus violence, acts of terrorism and natural disasters.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Reichert amendment.
H.AMDT.129 On agreeing to the Reichert amendment Agreed to by voice vote.
H.AMDT.130 Amendment offered by Mr. Maffei. Amendment requires 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 also requires 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.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Maffei amendment.
H.AMDT.130 On agreeing to the Maffei amendment Agreed to by voice vote.
H.AMDT.131 Amendment offered by Mr. Bright. Amendment requires the Secretary to reserve 5 percent of section 102 grant funds for grants to local educational agencies serving those geographic areas with significant economic distress or those recovering from a natural disaster.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Bright amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Bright amendment, the Chair put the question on adoption of the amendment and by voice vote announced the ayes had prevailed. Mr. Andrews demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
H.AMDT.132 Amendment offered by Mr. Griffith. Amendment includes reducing the incidence and effects of asthma and other respiratory illnesses in children among the voluntary guidelines for high performing school buildings. Amendment also adds reducing the incidence and effects of asthma and other respiratory illnesses to the list of demonstrable and expected benefits and 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.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Griffith amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Griffith amendment, the Chair put the question on adoption of the amendment and by voice vote announced the ayes had prevailed. Mr. Griffith demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
H.AMDT.133 Amendment offered by Mr. Heinrich. Amendment allows funds to be used for installation and upgrading of recreational structures and physical education facilities.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Heinrich amendment.
H.AMDT.133 On agreeing to the Heinrich amendment Agreed to by voice vote.
H.AMDT.134 Amendment offered by Ms. Schwartz. Amendment permits funds to be used for constructing greenhouses, gardens and other facilities for environmental, scientific, or other educational purposes, or to produce energy savings.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Schwartz amendment.
H.AMDT.134 On agreeing to the Schwartz amendment Agreed to by voice vote.
H.AMDT.135 Amendment offered by Mr. Schrader. Amendment requires 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 , and the relative access to such schools of the demographic groups described in section 1111 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.
DEBATE - Pursuant to the provisions of H.Res. 427 , the Committee of the Whole proceeded with 10 minutes of debate on the Schrader amendment.
H.AMDT.135 On agreeing to the Schrader amendment Agreed to by voice vote.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
H.AMDT.124 On agreeing to the Titus amendment Agreed to by recorded vote: 270 - 160 .
H.AMDT.125 On agreeing to the Roe amendment Agreed to by recorded vote: 432 - 2 .
H.AMDT.126 On agreeing to the Ellsworth amendment Agreed to by recorded vote: 425 - 7 .
Mr. Wu moved that the Committee now rise.
On motion that the Committee now rise Agreed to by voice vote.
Committee of the Whole House on the state of the Union rises leaving H.R. 2187 as unfinished business.

On May 12, 2009 in the House:

Rules Committee Resolution H. Res. 427 Reported to House. Rule provides for consideration of H.R. 2187 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. 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.

On May 11, 2009 in the House:

Reported by the Committee on Education and Labor. H. Rept. 111-100 .
Placed on the Union Calendar, Calendar No. 46.

On May 6, 2009 in the House:

Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 31 - 14.

On April 30, 2009 in the House:

Referred to the House Committee on Education and Labor.

H.AMDT.122

Amendment replaces the bill's provision regarding charter schools (section 308) with a new provision that makes technical corrections and clarifies the disposition of excess funds; expands the allowable uses of funds to include repairing, replacing, and installing water supply and building envelopes; adds 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; and increases the set-aside for tribal and outlying schools from 1% to 2%.

H.AMDT.123

Amendment requires 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.

H.AMDT.124

Amendment adds a new section requiring the Secretary of Education to establish an Advisory Council to the Secretary on green, high-performing schools. Such a Council would 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.

H.AMDT.125

Amendment adds a new section requiring the Education Secretary to enter into an agreement with the Departments' 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.

H.AMDT.126

Amendment clarifies 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.

H.AMDT.127

An amendment numbered 6 printed in House Report 111-106 to 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.

H.AMDT.128

Amendment specifies 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, as well as their environmental, energy, sustainability, and other benefits.

H.AMDT.129

Amendment permits the use of funds in the bill for upgrading or installing technology to ensure that schools are prepared and able to respond to emergencies such as campus violence, acts of terrorism and natural disasters.

H.AMDT.130

Amendment requires 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 also requires 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.

H.AMDT.131

Amendment requires the Secretary to reserve 5 percent of section 102 grant funds for grants to local educational agencies serving those geographic areas with significant economic distress or those recovering from a natural disaster.

H.AMDT.132

Amendment includes reducing the incidence and effects of asthma and other respiratory illnesses in children among the voluntary guidelines for high performing school buildings. Amendment also adds reducing the incidence and effects of asthma and other respiratory illnesses to the list of demonstrable and expected benefits and 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.

H.AMDT.133

Amendment allows funds to be used for installation and upgrading of recreational structures and physical education facilities.

H.AMDT.134

Amendment permits 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.

H.AMDT.135

Amendment requires 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.