[Pages H8402-H8405]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

PROVIDING FOR CONSIDERATION OF H.R. 3036, NO CHILD LEFT INSIDE ACT OF
2008

Ms. CASTOR. Madam Speaker, by direction of the Committee on Rules, I
call up House Resolution 1441 and ask for its immediate consideration.
The Clerk read the resolution, as follows:

H. Res. 1441

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. 3036) to amend the Elementary and Secondary
Education Act of 1965 regarding environmental education, 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 chairman and ranking minority member of the Committee on
Education

[[Page H8403]]

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.
Sec. 2. During consideration in the House of H.R. 3036
pursuant to this resolution, notwithstanding the operation of
the previous question, the Chair may postpone further
consideration of the bill to such time as may be designated
by the Speaker.

The SPEAKER pro tempore. The gentlewoman from Florida is recognized
for 1 hour.

{time} 1030

Ms. CASTOR. Madam Speaker, for the purpose of debate only, I yield
the customary 30 minutes to my good friend, the gentleman from Florida
(Mr. Lincoln Diaz-Balart). All time yielded during consideration of the
rule is for debate only. I yield myself such time as I might consume. I
also ask unanimous consent that all Members be given 5 legislative days
in which to revise and extend their remarks on House Resolution 1441.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Florida?
There was no objection.
Ms. CASTOR. Madam Speaker, House Resolution 1441 provides for
consideration of H.R. 3036, the No Child Left Inside Act of 2008, under
a structured rule.
The rule provides 1 hour of general debate controlled by the
Committee on Education and Labor. The rule makes in order five
amendments printed in the Rules Committee report. The rule also
provides for one motion to recommit with or without instructions.
Madam Speaker, it is important that elementary and secondary schools
across America continue to offer curriculum that is aligned with the
needs of our children and the interests of our great country. That is
why the Congress will move today to extend the National Environmental
Education Act under an initiative offered by the gentleman from
Maryland, Mr. John Sarbanes, entitled the No Child Left Inside Act.
This national environmental education bill was reported by the
Committee on Education and Labor by a strong bipartisan vote. Under the
leadership of the Education and Labor Committee chairman, George
Miller, our Nation's students have been well served by this Congress
with numerous landmark reforms and investments.
I thought we would take the time just to name a few. This Congress
has passed the College Cost Reduction Act that was signed into law last
year. It provides the single largest increase in college aid since the
GI Bill, roughly $20 billion over the next 5 years. But it does so at
no new cost to taxpayers.
Under the law, 6.8 million students who take out need-based Federal
student loans each year will see the interest rates on their loans
halved over the next 5 years, saving the typical borrower over $4,000
during the life of the loan once that is implemented.
That College Cost Reduction Act also boosts the maximum Pell Grant
scholarship to $5,400 over the next 5 years. That's up from about
$4,000 in 2006.
In a part of that bill that has not received a lot of attention, that
new law provides loan forgiveness for public service members like
nurses, police officers, firefighters and first responders and makes
those loan repayments more manageable and gives up-front tuition to
students who commit to teaching in the high-need public schools.
This Congress has also passed, and it has been signed into law, the
Ensuring Continued Access to Student Loans for American Families. There
is nothing more important during this credit crunch than that
affordable student loans and access to college remains available for
our young students that would like to attend college.
That Ensuring Continued Access to Student Loans for American Families
Act provides new protections, in addition to those already in current
law, to ensure that families continue to have timely, uninterrupted
access to Federal college loans in the event that distress in the
credit markets leads to a significant number of lenders in the
federally guaranteed student loan programs to substantially reduce
their lending activity.
The Congress has also passed, and it was signed into law just last
month, the expanding college access for students and families law. It
passed the House here by a vote of 380-49. The legislation addresses
the rising price of college by encouraging colleges to rein in price
increases, clean up corrupt practices in student loan programs and
streamline the Federal financial aid application process. The bill also
addresses textbook costs and increases college aid and support programs
for veterans and military families.
Madam Speaker, this is another bill before us today that continues
the new direction, Congress' commitment to higher education, and to
improving elementary and secondary education for students across
America.
Today we will focus on improvement to environmental education for
America's schools, the best kind, where Washington doesn't dictate the
parameters or curriculum to local schools, but gives schools the tools
they need to decide themselves how to modernize curriculum. Today, it
is our challenge, and the challenge of our children, to build a more
sustainable energy efficient world, and sometimes you have to get
outside the classroom and learn by doing and exploring your
environment.
Many children, including my 9-year-old daughter, learn more
effectively this way. I know many of you love to visit classrooms and
talk with students, like I do.
Students today are particularly interested in energy conservation,
climate change, clean air and clean water. Students, teachers and
schools are clamoring for more knowledge and understanding of our
natural environment.
Unfortunately, many schools and school districts simply do not have
the resources to teach beyond the basics these days. Since the
enactment of the No Child Left Behind Act, we have seen a narrowing of
school curriculum with schools being forced to spend more and more
learning time preparing for high-stakes testing.
Well, like other science courses, this grant program, under the
national environmental education program, the environmental education
instructs students in critical thinking, problem solving, teamwork,
obtaining and analyzing data, communication and learning by doing.
These skills are critical for success in the 21st century, and
environmental education helps students by learning how to conserve, how
to conserve energy, how to ensure safe products are on the shelves,
which eventually strengthens our Nation's economy and makes it a much
safer world.
Our environmental actions here at home have an impact on the global
economy and on our energy security, and energy security is national
security. Having a solid understanding of natural environment and our
global interdependency is critical to keeping this Nation safe.
The modest but important resources we will send to local schools
under this National Environmental Education Act is particularly helpful
now. Helping our kids to learn about the natural environment in an
active learning setting will motivate students and propel them

[[Page H8404]]

towards success. It will pull kids away from the TV sets and the video
games and the video screens and bring them outdoors.
The bill supports local efforts to expand and enhance environmental
education and also provides teachers with important professional
development opportunities. Under this legislation, our Nation's
teachers will become better equipped to teach students about the
environment and encourage students to be knowledgeable about
environmental issues and how they affect all of us.
When environmental education is integrated into the classrooms,
students and teachers are better able to use current, local
environmental issues to increase their understanding of math, science,
history and other academic subjects.
Environmental education is a powerful tool to help motivate students
to help take care of the environment and help improve their academic
achievement.
This bill also strengthens environmental literacy plans. According to
the Campaign for Environmental Literacy, Americans still widely lack
the environmental knowledge that will enable them to safeguard the
public health, protect natural resources, support energy conservation
efforts and engage in the movement towards a more sustainable future.
So this is a win-win proposition for our local schools, for teachers
and for the future of our great country. This legislation will
modernize environmental education for the 21st century by emphasizing
environmental literacy.
I urge passage of the rule and this underlying bill.
Madam Speaker, I reserve the balance my time.
Mr. LINCOLN DIAZ-BALART of Florida. I would like to thank my good
friend, the gentlewoman from Florida (Ms. Castor) for the time, and I
yield myself such time as I may consume.
Every day our Nation faces new and critical challenges on how to
approach globalization, really the great issue of our time. It is an
extremely difficult and controversial issue that affects our economy,
and it affects so much more.
It is important, now more than ever, to equip our students, not just
with the basics, math, reading, social studies, and et cetera, but also
with opportunities in areas such as science and the environment to
compete in tomorrow's global economy.
This legislation, the legislation we are bringing to the floor with
this rule, reauthorizes the National Environmental Education Act
administered by the Environmental Protection Agency. Among other
things, the bill will create opportunities for enhanced and ongoing
professional development in environmental fields.
It authorizes the Secretary of Education to award grants to help
environmental education become more effective, more widely practiced.
It establishes seven uses of funds aimed at encouraging increased
environmental education.
Environmental education is an important issue that Congress should
support. But, really, with just a few days left in the legislative
calendar for this Congress, what we ask is whether this is what really
is considered by the majority among the highest priorities, whether it
is legislation that we need to be considering, with just hours before
leaving before the end of this Congress, and with great challenges
facing the Nation, including very significant economic challenges and
an energy situation, extraordinarily rising prices, whether this is the
type of priority that we need to be setting aside time for at this
time.
This bill, which is a good bill, could easily have been placed on
what is known as the suspension calendar, in other words, taking it
automatically to the floor. Obviously it received overwhelming
bipartisan support. But, instead, we are here today spending time on
debating a noncontroversial--an important but noncontroversial
environmental education program.
So we think that it's most unfortunate, but symptomatic, of how this
new majority has run this Congress. Just last week we spent 2 hours of
debate time discussing a study of a river in Vermont. On another
occasion we spent precious time debating the Washington-Rochambeau
Revolutionary Route National Historic Trail, the Taunton River in
Massachusetts, the land claims of the Bay Mills Indian community, and
the Chesapeake Bay Gateways and Water Trails Network. Those are the
priorities of this majority.
Now those are important issues. They are not the energy crisis and
the serious attention that we need to be devoting to stabilizing our
markets. We need to make sure that America remains the Nation where the
entire world seeks to invest because of confidence in the future of the
United States.
Madam Speaker, I reserve the balance of my time.
Ms. CASTOR. Madam Speaker, we do not have any additional speakers, so
I will reserve the balance of my time until the gentleman from Florida
has made his closing statement.

{time} 1045

Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I thank my
distinguished friend, Ms. Castor.
Americans are tired of spending more and more of their paycheck, of
their resources, for their energy needs. And for months they have been
calling on us to take up legislation that will help lower the price of
gasoline.
Now just like the overwhelming majority of the American people, we in
the minority in this Congress have been calling for legislation that
will help the American consumer with the skyrocketing price of energy.
Yet every time we have tried to debate real energy legislation, the
majority has blocked and has stymied our efforts.
In August, the majority decided to go on the recess instead of
seeking to solve an extraordinarily high priority for the American
people, the rising gas prices. I guess the majority must have heard
quite a bit from their constituents in August because when they
returned in September, they decided they would finally say they would
debate energy legislation.
On Tuesday of this week, the majority brought to the floor
legislation, the so-called Comprehensive American Energy Security and
Consumer Protection Act, which does nothing to produce energy or
provide Americans with energy security since it will only increase our
dependence on unstable foreign sources of energy. The bill brought to
the floor this week by the majority was a farce. It will never be
enacted into law and was only put together to provide the majority with
an attempt at political cover so they can say that they passed energy
legislation when in reality they did nothing.
Now the majority is set to end this Congress and any chance to
actually pass genuine comprehensive energy legislation. That's where we
are today.
Well, we do not have to leave here and head home without having
considered comprehensive energy legislation.
Madam Speaker, I will be urging my colleagues to vote with me to
defeat the previous question so the House can finally consider genuine
solutions to rising energy costs. If the previous question is defeated,
I will move to amend the rule to prohibit the consideration of a
concurrent resolution providing for adjournment until comprehensive
energy legislation has been enacted into law.
Madam Speaker, I ask unanimous consent to insert the text of the
amendment and extraneous material immediately prior to the vote on the
previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. LINCOLN DIAZ-BALART of Florida. By voting ``no'' on the previous
question, Members can assure their constituents that they are committed
to enacting legislation to help their constituents with rising energy
prices. I also remind Members that the previous question in no way will
prevent consideration of H.R. 3036, this legislation on environmental
grants to schools. I encourage a ``no'' vote on the previous question.
Madam Speaker, I yield back the balance of my time.
Ms. CASTOR. Madam Speaker, over the past year and a half, this new
direction Congress has been solely focused on growing and strengthening
America's middle class. Despite the protestations from my friend from
the other side of the aisle, it was just this

[[Page H8405]]

week that we passed the most comprehensive, balanced energy legislation
that has been considered in the past decade. That Comprehensive
American Energy Security and Consumer Protection Act proved that there
are real differences between the two sides of the aisle here because
our energy bill was focused on lowering prices for consumers and
protecting taxpayers.
Yes, it expanded domestic drilling offshore and on land, but it also
added a huge expansion of renewable sources of energy. It increases our
security by freeing America from the grip of foreign oil. And it
finally requires Big Oil to pay what it owes the American taxpayers.
Is it fair that Big Oil continues to receive taxpayer subsidies at a
time when they are making huge record profits? No, it doesn't, so we
end the subsidies to the big oil companies. And a lot of this new
emphasis on clean, green, renewable energy will have the extra added
benefit of creating good-paying jobs here in America.
Besides energy, we have also been focused on landmark education
reform. Indeed, as I highlighted at the beginning of consideration of
this bill, we've passed truly landmark historic investments in
education for America's students. First was the single largest increase
in college aid since the GI bill, the College Cost Reduction and Access
Act of 2007. Under that law, 6.8 million students who take out need-
based Federal loans each year will see the interest rates on their
loans cut in half.
We increased Pell Grants by over $1,000. We have also passed and it
was signed into law by President Bush the Ensuring Continued Access to
Student Loans For American Families Act. That is so vital during this
turmoil in the financial markets. It is absolutely vital that American
families can still get those low-cost student loans. That new law
provides new protections to ensure that families have timely,
uninterrupted access to Federal college loans in the event that
distress in the credit markets leads to a significant number of lenders
not being liquid and being able to lend to families.
We also expanded college access for students and families, we cleaned
up the corrupt practices going on on some campuses in student loan
programs, addressed student textbook costs and increased college aid
and support programs for veterans and military families.
And one that I didn't mention but I think we can all celebrate, the
hugely bipartisan and popular new GI bill for the 21st century that
will provide 4-year scholarships to the brave men and women who have
served in the wars of Iraq and Afghanistan. We truly have been on the
side of American families and the middle class.
This modest bill today also renews our commitment to the No Child
Left Inside Act. Doesn't that really bring all of this together as we
focus on energy policy and improving our public education and higher
education in this country, a modest but important commitment to
students at home who are interested in environmental sustainability and
energy conservation. We will provide additional resources to our
schools and our students so they can get outside the classroom, get
away from the TV set and the video games and learn by doing, learn in
an active setting, learn out in the natural environment how to conserve
energy and to address global climate change.
Studies shows that environmental education boosts student
achievement, it builds students' critical thinking and social skills,
it improves student behavior, and it can enhance teaching. So we are
going to help schools and States expand and enhance environmental
education. We are going to focus on qualified expert teachers in the
Nation's classrooms, and strengthen and develop environmental literacy
plans.
For a long time there was another group in charge here in Washington,
and it oftentimes seems like over the past decades it has been the
Democrats who have had to come in and clean up the mess of past
administrations. Well, I think we are proving again that we are on
track to do that again. We are all in this together and we need to pass
this bill. I urge a unanimous ``yes'' vote on the previous question and
on the rule.
The material previously referred to by Mr. Lincoln Diaz-Balart of
Florida is as follows:

Amendment to H. Res. 1441 Offered by Mr. Lincoln Diaz-Balart of Florida

At the end of the resolution add the following new section:
Sec. 3. It shall not be in order in the House to consider a
concurrent resolution providing for an adjournment of either
House of Congress until comprehensive energy legislation has
been enacted into law that includes provisions designed to--
(A) allow states to expand the exploration and extraction
of natural resources along the Outer Continental Shelf;
(B) open the Arctic National Wildlife Refuge and oil shale
reserves to environmentally prudent exploration and
extraction;
(C) extend expiring renewable energy incentives;
(D) encourage the streamlined approval of new refining
capacity and nuclear power facilities;
(E) encourage advanced research and development of clean
coal, coal-to-liquid, and carbon sequestration technologies;
and
(F) minimize drawn out legal challenges that unreasonably
delay or prevent actual domestic energy production.
____

(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
109th Congress.)

The Vote on the Previous Question: What It Really Means

This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Democratic majority agenda and a vote to allow
the opposition, at least for the moment, to offer an
alternative plan. It is a vote about what the House should be
debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution . . . [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information form Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.

Ms. CASTOR. I yield back the balance of my time, and I move the
previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, on that I demand
the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.

____________________