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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-754

======================================================================



 
                    NO CHILD LEFT INSIDE ACT OF 2008

                                _______
                                

 July 10, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. George Miller of California, from the Committee on Education and 
                     Labor, submitted the following

                              R E P O R T

                             together with

                     MINORITY AND ADDITIONAL VIEWS

                        [To accompany H.R. 3036]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Education and Labor, to whom was referred 
the bill (H.R. 3036) to amend the Elementary and Secondary 
Education Act of 1965 regarding environmental education, and 
for other purposes, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``No Child Left Inside Act of 2008''.

SEC. 2. NATIONAL ENVIRONMENTAL EDUCATION ACT AMENDMENTS.

  (a) Definitions.--Section 3 of the National Environmental Education 
Act (20 U.S.C. 5502) is amended--
          (1) in paragraph (12), by striking ``and'' at the end;
          (2) in paragraph (13), by striking the period at the end and 
        inserting a semicolon; and
          (3) by adding at the end the following:
          ``(14) `principles of scientific research' means principles 
        of research that--
                  ``(A) apply rigorous, systematic, and objective 
                methodology to obtain reliable and valid knowledge 
                relevant to education activities and programs;
                  ``(B) present findings and make claims that are 
                appropriate to, and supported by, the methods that have 
                been employed; and
                  ``(C) include, appropriate to the research being 
                conducted--
                          ``(i) use of systematic, empirical methods 
                        that draw on observation or experiment;
                          ``(ii) use of data analyses that are adequate 
                        to support the general findings;
                          ``(iii) reliance on measurements or 
                        observational methods that provide reliable and 
                        generalizable findings;
                          ``(iv) strong claims of causal relationships, 
                        only with research designs that eliminate 
                        plausible completing explanations for observed 
                        results, such as, but not limited to, random-
                        assignment experiments;
                          ``(v) presentation of studies and methods in 
                        sufficient detail and clarity to allow for 
                        replication or, at a minimum, to offer the 
                        opportunity to build systematically on the 
                        findings of the research;
                          ``(vi) acceptance by a peer-reviewed journal 
                        or critique by a panel of independent experts 
                        through a comparably rigorous, objective, and 
                        scientific review; and
                          ``(vii) consistency of findings across 
                        multiple studies or sites to support the 
                        generality of results and conclusions;
          ``(15) `scientifically valid research' includes applied 
        research, basic research, and field-initiated research in which 
        the rationale, design, and interpretation are soundly developed 
        in accordance with principles of scientific research;
          ``(16) `State' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 1965; and
          ``(17) `State educational agency' has the meaning given such 
        term in section 9101 of the Elementary and Secondary Education 
        Act of 1965.''.
  (b) Environmental Education and Training Program.--Section 5 of the 
National Environmental Education Act (20 U.S.C. 5504) is amended--
          (1) in subsection (b)--
                  (A) in paragraph (1)--
                          (i) by inserting ``creating opportunities for 
                        enhanced and ongoing professional development 
                        and'' before ``classroom''; and
                          (ii) by inserting ``(including integrating 
                        scientifically valid research teaching methods 
                        and technology-based teaching methods into the 
                        curriculum)'' after ``practices'';
                  (B) in paragraph (3)--
                          (i) by striking ``curriculum, including'' and 
                        inserting ``curriculum (including'';
                          (ii) by striking ``groups;'' and inserting 
                        ``groups) which--''; and
                          (iii) by adding at the end the following:
                  ``(A) are aligned with challenging State and local 
                academic content standards to the extent such standards 
                exist; and
                  ``(B) advance the teaching of interdisciplinary 
                courses that integrate the study of natural, social, 
                and economic systems and that include strong field 
                components;'';
                  (C) in paragraph (7), by striking ``and forums;'' and 
                inserting ``forums, and bringing teachers into contact 
                with working professionals in environmental fields to 
                expand such teachers' subject matter knowledge of, and 
                research in, environmental issues;'';
                  (D) in paragraph (8), by striking ``; and'' and 
                inserting ``, including environmental education 
                distance learning programs for teachers using curricula 
                that are innovative, content-based, and based on 
                scientifically valid research that is current as of the 
                date of the program involved;'';
                  (E) by redesignating paragraph (9) as paragraph (13);
                  (F) by redesignating paragraphs (4) through (8) as 
                paragraphs (5) through (9), respectively;
                  (G) by inserting after paragraph (3) the following:
          ``(4) encouraging individuals traditionally under-represented 
        in environmental careers to pursue postsecondary degrees in 
        majors leading to such careers;''; and
                  (H) by inserting after paragraph (9) (as so 
                redesignated) the following:
          ``(10) establishment of programs to prepare teachers at a 
        school to provide environmental education professional 
        development to other teachers at the school and programs to 
        promote outdoor environmental education activities as part of 
        the regular school curriculum and schedule in order to further 
        the knowledge and development of teachers and students;
          ``(11) summer workshops or institutes, including follow-up 
        training, for elementary and secondary school environmental 
        education teachers;
          ``(12) encouraging mid-career environmental professionals to 
        pursue careers in environmental education; and''; and
          (2) in subsection (c)(1), by inserting ``, in consultation 
        with the Secretary,'' after ``Administrator''.
  (c) Authorization.--Section 11(a) of the National Environmental 
Education Act (20 U.S.C. 5510(a)) is amended by striking ``Act'' and 
all that follows through the period at the end and inserting ``Act, 
except for section 11, $14,000,000 for fiscal year 2009.''.
  (d) National Capacity Environmental Education Grant Program; 
Accountability.--The National Environmental Education Act (20 U.S.C. 
5501 et seq.) is amended--
          (1) by redesignating section 11 as section 13; and
          (2) by inserting after section 10 the following:

``SEC. 11. NATIONAL CAPACITY ENVIRONMENTAL EDUCATION GRANT PROGRAM.

  ``(a) Grants Authorized.--
          ``(1) In general.--The Secretary is authorized to award 
        grants, on a competitive basis, to nonprofit organizations, 
        State educational agencies, local educational agencies, or 
        institutions of higher education that have demonstrated 
        expertise and experience in the development of the 
        institutional, financial, intellectual, or policy resources 
        needed to help the field of environmental education become more 
        effective and widely practiced. Notwithstanding any other 
        provision of this section, a State educational agency, a local 
        educational agency, an institution of higher education, or a 
        not-for-profit organization may use funds provided under this 
        section to coordinate with any program or unit operated by a 
        Federal Natural Resource Management Agency to carry out 
        environmental education programs based on the full range of the 
        resources and mission of the Agency.
          ``(2) Duration.--The Secretary shall award each grant under 
        this section for a period of not less than 1 year and not more 
        than 3 years.
  ``(b) Use of Funds.--Grant funds made available under this section 
shall be used for 1 or more of the following:
          ``(1) Developing and implementing challenging State academic 
        content standards, student academic achievement standards, and 
        State curriculum frameworks in environmental education, 
        including the need to balance conservation of the environment 
        with the development of the Nation's energy resources.
          ``(2) Replicating or disseminating information about proven 
        and tested model environmental education programs that--
                  ``(A) use the environment as an integrating theme or 
                content throughout the curriculum;
                  ``(B) provide integrated, interdisciplinary 
                instruction about natural, social, and economic systems 
                along with field experience that provides students with 
                opportunities to directly experience nature in ways 
                designed to improve overall academic performance, self-
                esteem, personal responsibility, community involvement, 
                personal health (including addressing child obesity 
                issues), or their understanding of nature;
                  ``(C) provide integrated instruction on waste 
                reduction, reuse, recycling, and composting programs 
                and, when possible, promote such activities within the 
                school; or
                  ``(D) address issues of environmental justice, 
                including policies and methods for eliminating 
                disparate enforcement of environmental laws and 
                regulations with respect to minority and low-income 
                communities, with particular attention to the 
                development of environmental justice curriculum at the 
                middle and high school level.
          ``(3) Developing and implementing new policy approaches to 
        advancing environmental education at the State and national 
        level.
          ``(4) Conducting studies of national significance that--
                  ``(A) evaluate the effectiveness of teaching 
                environmental education as a separate subject, and as 
                an integrating concept or theme;
                  ``(B) evaluate the effectiveness of using 
                environmental education in helping students improve 
                their assessment scores in mathematics, reading or 
                language arts, science, and the other core academic 
                subjects; or
                  ``(C) evaluate ways to coordinate activities under 
                this Act with existing Federal science teacher in-
                service training or professional development programs.
          ``(5) Executing projects that advance widespread State and 
        local educational agency adoption and use of environmental 
        education content standards, including adoption and use of such 
        standards in textbook selection criteria.
          ``(6) Developing a State environmental literacy plan that 
        includes the following:
                  ``(A) A description of how the State educational 
                agency will measure the environmental literacy of 
                students, including--
                          ``(i) relevant State academic content 
                        standards and content areas regarding 
                        environmental education, and courses or 
                        subjects where environmental education 
                        instruction will take place; and
                          ``(ii) a description of the relationship of 
                        the plan to the secondary school graduation 
                        requirements of the State.
                  ``(B) A description of programs for professional 
                development for teachers to improve the teachers'--
                          ``(i) environmental content knowledge;
                          ``(ii) skill in teaching about environmental 
                        issues; and
                          ``(iii) field-based pedagogical skills.
                  ``(C) A description of how the State educational 
                agency will implement the plan, including securing 
                funding and other necessary support.
          ``(7) Developing evidence-based approaches to build capacity 
        to increase the number of elementary and secondary 
        environmental educators.
  ``(c) Applications.--Each nonprofit organization, State educational 
agency, local educational agency, or institution of higher education 
desiring a grant under this section shall submit to the Secretary an 
application that contains a plan to initiate, expand, or improve 
environmental education programs in order to make progress toward 
meeting State standards for environmental learning (to the extent such 
standards exist) and environmental literacy and contains an evaluation 
and accountability plan for activities assisted under this section that 
includes rigorous objectives that measure the impact of activities 
funded under this section.
  ``(d) Requirements.--
          ``(1) Annual report.--In order to continue receiving grant 
        funds under this section after the first year of a multi-year 
        grant under this section, the grantee shall submit to the 
        Secretary an annual report that--
                  ``(A) describes the activities assisted under this 
                section that were conducted during the preceding year;
                  ``(B) describes the results of the grantee's 
                evaluation and accountability plan; and
                  ``(C) demonstrates that the grantee has undertaken 
                activities to accomplish at least one of the following:
                          ``(i) Responsibly preparing children to 
                        understand and address major challenges facing 
                        the United States, such as increasing the 
                        supply of clean energy, climate change, 
                        environmental health risks, and environmental 
                        disaster and emergency preparedness.
                          ``(ii) Supporting systemic education reform 
                        by strengthening environmental education as an 
                        integral part of the elementary school and 
                        secondary school curriculum.
                          ``(iii) Helping ensure that all students meet 
                        challenging State academic content and student 
                        academic achievement standards in environmental 
                        learning.
                          ``(iv) Supporting efforts to enable students 
                        to engage in environmental education.
                          ``(v) Leveraging and expanding private and 
                        public support for environmental education 
                        partnerships at national, State, and local 
                        levels.
                          ``(vi) Awarding grants to initiate, expand, 
                        or improve environmental education programs for 
                        elementary and secondary students.
                          ``(vii) Restoring and increasing field 
                        experiences as part of the regular school 
                        curriculum and schedule in order to improve 
                        students' overall academic performance, self-
                        esteem, personal responsibility, community 
                        involvement, personal health (including 
                        addressing child obesity issues), and 
                        understanding of nature.
          ``(2) Administrative expenses.--Not more than 5 percent of 
        the grant funds made available to a nonprofit organization, 
        State educational agency, local educational agency, or 
        institution of higher education under this section for any 
        fiscal year may be used for administrative expenses.
          ``(3) State environmental literacy plans.--
                  ``(A) In general.--A State educational agency 
                receiving a grant under this section shall--
                          ``(i) have a State environmental literacy 
                        plan that is consistent with the requirements 
                        of subsection (b)(6) and that is peer reviewed 
                        within the State by a panel composed of experts 
                        in environmental education and representatives 
                        from other related State agencies; or
                          ``(ii) develop a State environmental literacy 
                        plan described in subsection (b)(6) with funds 
                        made available under this section prior to 
                        using the grant funds for any other purpose.
                  ``(B) Peer review.--If an environmental literacy plan 
                described in subparagraph (A)(i) has not been peer 
                reviewed within the State, the State educational 
                agency, notwithstanding subsection (b), shall use funds 
                made available under this section to complete such 
                review, as described in such subparagraph, prior to 
                using the grant funds for any other purpose.
                  ``(C) Other grantees.--An applicant for a grant under 
                this section that is not a State educational agency and 
                applies for funding to be used for the purpose 
                described in subsection (b)(6) shall demonstrate in the 
                application that the applicant has consulted with the 
                State educational agency about such use of funds.
  ``(e) Administrative Provisions.--
          ``(1) Federal share.--The Federal share under this section 
        shall not exceed--
                  ``(A) 90 percent of the total cost of a program 
                assisted under this section for the first year for 
                which the program receives assistance under this 
                section;
                  ``(B) 75 percent of such cost for the second; and
                  ``(C) 50 percent of such cost for each subsequent 
                such year.
          ``(2) Report to congress.--Not later than one year after 
        enactment of this bill, the Secretary shall submit to the 
        Committee on Education and Labor of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate a report that--
                  ``(A) describes the programs assisted under this 
                section;
                  ``(B) documents the success of such programs in 
                improving national and State environmental education 
                capacity; and
                  ``(C) makes such recommendations as the Secretary 
                determines appropriate for the continuation and 
                improvement of the programs assisted under this 
                section.
          ``(3) Availability of funds.--Amounts made available to the 
        Secretary to carry out this section shall remain available 
        until expended.
  ``(f) Supplement, Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, any other 
Federal, State, or local funds available for environmental education 
activities.
  ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2009.

``SEC. 12. ACCOUNTABILITY.

  ``(a) Quality Indicators.--The Administrator, the Secretary, and the 
Foundation each shall establish indicators of program quality for the 
programs and activities funded under this Act (other than fellowship 
awards funded under section 7) that such official or entity 
administers.
  ``(b) Minimum Indicators.--Such indicators of program quality, at a 
minimum, shall--
          ``(1) enhance understanding of the natural and built 
        environment;
          ``(2) foster a better appreciation of the interdisciplinary 
        nature of environmental issues and conditions;
          ``(3) increase achievement in related areas of national 
        interest, such as mathematics and science;
          ``(4) increase understanding of the benefits of exposure to 
        the natural environment;
          ``(5) improve understanding of how human and natural systems 
        interact together;
          ``(6) broaden awareness of environmental issues; and
          ``(7) include such other indicators as the Administrator, 
        Secretary, or Foundation may develop.
  ``(c) Report.--Each recipient receiving funds under this Act, other 
than fellowship recipients under section 7, shall report annually to 
the Administrator, the Secretary, or the Foundation regarding progress 
made in meeting the minimum indicators of program quality established 
under subsection (b). The Administrator, the Secretary, and the 
Foundation shall disseminate such information widely to the public 
through electronic and other means.''.
  (e) Restrictions on Federal Government and Use of Federal Funds.--The 
National Environmental Education Act (20 U.S.C. 5501 et seq.), as 
amended by subsection (d), is further amended by adding at the end the 
following:

``SEC. 14. RESTRICTIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

  ``(a) General Prohibition.--Nothing in this Act shall be construed to 
authorize an officer or employee of the Federal Government to mandate, 
direct, or control a State, local educational agency, or school's 
curriculum, program of instruction, specific instructional content, 
academic achievement standards, assessments, or allocation of State or 
local resources, or mandate a State or any subdivision thereof to spend 
any funds or incur any costs not paid for under this Act.
  ``(b) Prohibition on Endorsement of Curriculum.--No funds provided to 
the Administrator or Secretary under this Act may be used by the Agency 
or Department of Education to endorse, approve, or sanction any 
curriculum designed to be used in an elementary school or secondary 
school.
  ``(c) Prohibition on Requiring Federal Approval or Certification of 
Standards.--No State shall be required to have academic content or 
student academic achievement standards approved or certified by the 
Federal Government, in order to receive assistance under this Act.
  ``(d) Restrictions on Partisan Political Influence.--
          ``(1) In general.--In carrying out the activities described 
        in this Act, the Administrator and Secretary shall ensure that 
        such activities--
                  ``(A) conform to high standards of quality, 
                integrity, and accuracy;
                  ``(B) are objective, neutral, and nonideological and 
                are free of partisan political influence; and
                  ``(C) do not advocate a particular political 
                viewpoint.
          ``(2) Actions to implement and enforce.--The Administrator 
        and Secretary shall take such actions as are necessary to 
        ensure that the provisions of this section are vigorously 
        implemented and enforced.''.
  (f) Conforming Amendment.--The table of contents in section 1(b) of 
the National Environmental Education Act (20 U.S.C. 5501 note) is 
amended by striking the item relating to section 11 and inserting the 
following:

``Sec. 11. National capacity environmental education grant program.
``Sec. 12. Accountability.
``Sec. 13. Authorization.
``Sec. 14. Restrictions on Federal Government and use of Federal 
funds.''.

  Amend the title so as to read:

    A bill to reauthorize and enhance the National 
Environmental Education Act, and for other purposes.

                               I. Purpose

    The purpose of H. R. 3036, the No Child Left Inside (NCLI) 
Act of 2008, is to support local and statewide efforts to 
expand and enhance environmental education and to provide 
enhanced professional developmental opportunities in 
environmental education.

                          II. Committee Action


                             110TH CONGRESS

Early Childhood, Elementary, and Secondary Education Subcommittee Field 
        Hearing: ``Environmental Education: Teaching Our Children To 
        Preserve Our Future''

    On Tuesday, April 22, 2008, the Subcommittee on Early 
Childhood, Elementary, and Secondary Education held a field 
hearing at the National Wildlife Visitor Center of the Patuxent 
Wildlife Research Refuge in Laurel, Maryland, on 
``Environmental Education: Teaching Our Children To Preserve 
Our Future.'' The purpose of the field hearing was to highlight 
the value of integrating environmental education into the 
classroom and to emphasize its benefits in helping students 
achieve academic success and become better stewards of the 
environment. Testifying before the Subcommittee were, on the 
first panel, Governor Martin O'Malley, State of Maryland, and 
on the second panel, Dr. Nancy S. Grasmick, Superintendent, 
Maryland State Department of Education; Karen Harris, 
Principal, Pot Spring Elementary School, Timonium, Maryland; 
Dr. Oliver Pergams, Conservation Biologist, Department of 
Biological Sciences, University of Illinois at Chicago; Dr. 
Robert Lawrence, Director, Center for a Livable Future, Johns 
Hopkins Bloomberg School of Public Health, Baltimore, Maryland; 
and Sean Davidson, Co-founder, Greenlight Biofuels, Columbia, 
Maryland.

Introduction of the ``No Child Left Inside Act of 2007''

    On July 12, 2007, Representative John P. Sarbanes 
introduced H.R. 3036, the No Child Left Inside Act of 2007, a 
bill to amend the Elementary and Secondary Education Act of 
1965 regarding environmental education, and other purposes.

Full Committee Markup of H.R. 3036

    On Wednesday, June 18, 2008, the Committee on Education and 
Labor considered H.R. 3036, in legislative session, and 
reported the bill favorably, as amended, to the House of 
Representatives by a vote of 37-8. The Committee adopted the 
following amendments:
    Representative Miller offered an amendment in the nature of 
a substitute. The substitute amendment makes the following 
changes to H.R. 3036:
           Extends the National Environmental Education 
        Act authorization through fiscal year 2009, at 
        $14,000,000;
           Amends the National Environmental Education 
        Act by requiring the Administrator of the Environmental 
        Protection Agency (EPA) to consult with the Secretary 
        of Education in making grants for professional 
        development under the Environmental Education Training 
        Program;
          Amends the National Environmental Education Act to 
        (1) create opportunities for enhanced and ongoing 
        professional development in environmental education; 
        (2) encourage individuals traditionally 
        underrepresented in environmental careers to pursue 
        post secondary degrees in majors leading to 
        environmental careers; (3) bring teachers into contact 
        with working professionals in environmental fields; (4) 
        support environmental education distance learning 
        programs for teachers; (5) promote outdoor 
        environmental education activities as part of the 
        regular school curriculum and schedule; (6) establish 
        environmental education summer workshops or institutes 
        for teachers; and (7) encourage mid-career 
        environmental professionals to pursue careers in 
        environmental education;
           Establishes the National Capacity 
        Environmental Education Grant Program (NCEEG), with a 
        separate authorization of such sums for fiscal year 
        2009. NCEEG authorizes the Secretary of Education to 
        award one to three year competitive grants to nonprofit 
        organizations, state educational agencies, local 
        educational agencies, or institutions of higher 
        education to expand environmental education, develop 
        standards and disseminate information on proven 
        environmental education programs.
           Authorizes additional uses of funds under 
        the NCEEG including (1) developing and implementing new 
        policy approaches to advance environmental education at 
        the state and national level; (2) conducting studies 
        that evaluate the effectiveness of teaching 
        environmental education as a separate subject, as an 
        integrating concept, or as a tool to help students 
        improve their assessment scores; (3) increasing 
        adoption of environmental content standards by states 
        and school districts, including in textbook election; 
        (4) developing evidence-based approaches to build 
        capacity to increase the number of K-12 environmental 
        educators; (5) developing a state environmental 
        literacy plan that includes a description of how the 
        state educational agency will measure students' 
        environmental literacy, including by assessing state 
        academic content standards, subjects in which 
        environmental education will take place, the plan's 
        relationship to the state's secondary school graduation 
        requirements, and programs for teacher professional 
        development.
           Requires a state educational agency 
        receiving an NCEEG grant either to have a state 
        environmental literacy plan in place or to use funds 
        received under the grant program to develop a plan 
        before using funds for any other purpose. Requires a 
        nonprofit, local educational agency or institution of 
        higher education seeking to use funds to develop a 
        state environmental literacy plan to show on their 
        application that they have consulted with the state 
        educational agency in their state.

    The amendment was adopted by voice vote.
    Representative Castle (R-DE) offered an amendment to 
require the Administrator of the EPA, the Secretary of 
Education, and the National Environmental Education Foundation 
to establish indicators of program quality for the programs 
under the National Environmental Education Act. The amendment 
was adopted by voice vote.
    Representative Sarbanes (D-MD) offered an amendment to make 
technical edits to the amendment in the nature of a substitute 
and to include definitions for scientifically valid research 
and principles of scientific research. The amendment was 
adopted by voice vote.
    Representatve Ehlers (R-MI) offered two amendments en bloc 
that expand the list of subjects studied to determine whether 
environmental education helps improve student assessments 
scores to include science and, also to allow grantees to 
conduct studies of national significance that evaluate ways to 
coordinate activities under the National Environmental 
Education Act with existing federal science teacher in-service 
training or professional development programs. The amendment 
was adopted by voice vote.
    Representatve Holt (D-NJ) and Representative Souder (R-IN) 
offered an amendment to allow grantees of the NCEEG program to 
coordinate with any program or unit operated by a federal 
natural resource management agency. The amendment was adopted 
by voice vote.
    Representative Bishop (D-NY) offered an amendment to allow 
grantees of the NCEEG program to replicate or disseminate 
information about proven and tested environmental education 
programs that provide integrated instruction on waste 
reduction, reuse, recycling, and composting programs and when 
possible, to promote these activities within the school. The 
amendment was adopted by voice vote.
    Representative Souder (R-IN) offered an amendment to allow 
grantees of the NCEEG program to develop environmental 
education standards that include information on the need to 
balance conservation of the environment with the development of 
the nation's energy resources. The amendment was adopted by 
voice vote.
    Representatve Clarke (D-NY) offered an amendment to allow 
grantees of the NCEEG program to address issues of 
environmental justice, including developing an environmental 
justice curriculum for middle and high school students. The 
amendment was adopted by a vote of 27-18.
    Representative Price (R-GA) offered an amendment to clarify 
that federal funds may not be used to mandate, direct, or 
control a state or local educational agency, aschool's 
curriculum or program of instruction, or a state's allocation of funds. 
It further prohibits the use of funds to endorse, approve or sanction 
any curriculum. In addition, the federal government may not require 
states to have specified standards approved by the federal government 
as a condition of receiving grants. Finally, the Secretary shall ensure 
that all activities under this Act be free of partisan political 
influences. The amendment was adopted by voice vote.

                        III. Summary of the Bill


Purpose

    The purpose of H.R. 3036, the No Child Left Inside (NCLI) 
Act, is to support local and statewide efforts to expand and 
enhance environmental education. The NCLI Act amends the 
National Environmental Education Act of 1990 (NEEA) to enhance 
the teacher professional development opportunities provided by 
the Environmental Education and Training program and creates a 
new grant program focused on expanding the capacity of 
environmental education at the state and national level. H.R. 
3036 also strengthens the NEEA by establishing standards for 
program accountability and enumerating prohibited use of funds.

Funding

    H.R. 3036 maintains the current authorization level of the 
NEEA at $14 million and extends the authorization through 
fiscal year 2009 to support environmental education 
opportunities in all sections except section 11. Section 11, 
the National Capacity Environmental Education Grant (NCEEG) 
program, is authorized at the level of such sums as are 
necessary through fiscal year 2009.

Definitions

    H.R. 3036 amends the NEEA to define the terms ``principles 
of scientific research'', ``scientifically valid research'', 
``State'', and ``State educational agency''.

Environmental Education and Training Program (ETP)

    H.R. 3036 enhances and expands the functions of the 
Environmental Education and Training Program. The purpose of 
the program is to train education professionals in the 
development and delivery of environmental education and 
training programs and studies. H.R. 3036 requires the 
Administrator of the Environmental Protection Agency (EPA) to 
consult with the Secretary of Education when making grants 
under this program.
    The bill creates opportunities for enhanced and ongoing 
professional development in environmental education. The bill 
also requires that training under the EETP include 
scientifically valid research and technology-based teaching 
methods. The NCLI Act clarifies that curriculum developed under 
this section be aligned with challenging state standards where 
applicable, and that such curriculum advance the teaching of 
interdisciplinary courses that integrate the study of natural, 
social, and economic systems and include strong field 
components.
    Under current law, a required activity of the EETP is to 
bring the environmental education community together for 
conferences, seminars, and related forums for the advancement 
and development of education and training curricula. H.R. 3036 
strengthens this requirement by emphasizing bringing teachers 
into contact with working professionals in environmental fields 
in order to expand the teachers' subject matter knowledge in 
environmental issues. H.R. 3036 also enhances the distance 
learning function of the EETP to include teachers distance 
learning programs that are innovative, content-based, and based 
on current scientifically valid research.
    The NCLI Act requires the EETP to encourage individuals 
traditionally underrepresented in environmental careers to 
pursue baccalaureate and post baccalaureate studies that lead 
to such careers. Additionally, H.R. 3036 expands the EETP to 
include activities aimed at training teachers to participate in 
peer-to-peer professional development in environmental 
education. The required activities also include programs to 
promote outdoor environmental education activities as part of 
the regular school curriculum and schedule. Furthermore, the 
bill requires summer workshops or institutes, including follow-
up training for elementary and secondary school environmental 
educators. Under H.R. 3036, the EETP must encourage mid-career 
environmental professionals to pursue careers in environmental 
education.

National Capacity Environmental Education Grant Program

    H.R. 3036 establishes a new grant program in section 11 
titled the ``National Capacity Environmental Education Grant 
Program''. These competitive grants are administrated by the 
Department of Education and may be awarded to state educational 
agencies, nonprofit organizations, local educational agencies, 
or institutions of higher education. The purposes of the grants 
is to assist in making the field of environmental education 
more effective and more widely practices. Funds awarded under 
this section may be used to coordinate with any program or unit 
operated by a federal natural resource management agency (as 
defined in NEEA) to carry out environmental education programs 
based on the full range of the resources and mission of the 
agency.
    Grants under this section may be awarded for a period of 
one year to three years and may be used to (1) develop and 
implement challenging state academic content standards, student 
academic achievement standards and state curriculum frameworks 
in environmental education; (2) replicate or disseminate 
information about proven and tested model environmental 
education programs that meet specified criteria; (3) provide 
integrated instruction on waste reduction, reuse, recycling, 
and compost programs; (4) address issues of environmental 
justice with particular attention to the development of 
environmental justice curriculum at the middle and high school 
levels; (5) develop and implement new policy approaches that 
advance environmental education at the state and national 
level; (6) conduct studies of national significance that 
evaluate the effectiveness of teaching environmental education 
as a separate subject, the effectiveness of using environmental 
education to improve assessment scores in mathematics, reading, 
language arts, or science, or ways to coordinate authorized 
activities with existing federal science teacher in-service 
training or professional development programs; (7) execute 
projects that advance the use of environmental education 
content standards; (8) develop state environmental literacy 
plans; and (9) develop evidence-based approaches to build 
capacity to increase the number of elementary and secondary 
environmental educators.
    H.R. 3036 requires that a state educational agency 
receiving funds under the NCEEG program have a peer-reviewed 
state environmental literacy plan. If a state has a state 
environmental literacy plan that has not been peer-reviewed, 
grant funds must first be used to implement a peer review of 
that plan. If a state does not have a plan at all, grant funds 
must first be used to develop and peer review a state 
environmental literacy plan. Other applicants (that are not a 
state educational agency) must demonstrate in their application 
that the state education agency was consulted about such use of 
funds.
    The bill specifies the content to be included in 
applications and annual reports required from each grantee. No 
more than five percent of the grant funds may be used for 
administrative expenses. Grants under this section have a 
graduated state matching obligation of ten percent in the first 
year of the grant, and twenty-five percent in the second year 
of the grant, and fifty percent in the subsequent years of the 
grant. Funds shall be used to supplement, not supplant, other 
federal, state, or local funds made available for environmental 
education activities.
    The Secretary is required to submit a report to the 
Committee on Education and Labor in the U.S. House of 
Representatives and the Committee on Health, Education, Labor, 
and Pensions in the U.S. Senate that describes the programs 
funded under this section, provides information on successes in 
improving environmental education capacity at the state and 
national level, and makes recommendations for the improvement 
of the program.

Accountability

    H.R. 3036 requires that the Administrator of the EPA, the 
Secretary of Education, and the National Environmental 
Education Foundation establish indicators of quality for the 
programs and activities funded under this Act which such 
official or entity administers. This requirement does not apply 
to fellowships awarded under section 7 of the National 
Environmental Education Act. The indicators shall, at a 
minimum, enhance understanding of the natural and built 
environment; foster a better appreciation of the 
interdisciplinary nature of environmental issues and 
conditions; increase achievement in related areas of national 
interest, such as mathematics and science; increase 
understanding of the benefits of exposure to the natural 
environment; improve understanding of how human and natural 
systems interact; and, broaden the awareness of environmental 
issues. The Administrator, Secretary and the Foundation are 
authorized to develop additional minimum indicators.
    Each grantee under this Act, except those awarded 
fellowships under section 7, shall report annually on the 
progress made in meeting the indicators to the official 
administering the grantees' program. Each official shall 
disseminate the information obtained from the report widely to 
the public through electronic and other means.

Restrictions on use of funds

    H.R. 3036 restricts officers or employees of the federal 
government from using funds to mandate, direct or control a 
state or local educational agency. Funds may not be used to 
direct a school's curriculum, program of instruction, specific 
instructional content, or academic achievement standards, or to 
direct a state's allocation of funds. No funds made available 
under this Act may be used to endorse, approve, or sanction any 
curriculum. However, no state shall be required to have federal 
approval of academic content or student academic achievement 
standards for programs funded under this Act. The Administrator 
of the EPA and the Secretary of Education are required to 
ensure that activities confirm to high standards of quality, 
integrity and accuracy; are objective, neutral, non-ideological 
and are free of partisan influence; and do not advocate a 
particular partisan viewpoint

                          IV. Committee Views

    The Committee believes that H.R. 3036, the No Child Left 
Inside Act, addresses key environmental education issues--
preparing elementary and secondary educators to teach students 
about environmental issues facing our nation through 
environmental education as well as building state and national 
capacity to improve environmental education. Environmental 
education produces students who are knowledgeable about 
environmental issues facing our nation and teaches them to be 
environmental stewards who may create a sustainable and healthy 
future for the next generation. Like other science courses, 
environmental education instructs students in critical 
thinking, problem-solving, team work, obtaining and analyzing 
data, communication and critical analysis. The Committee 
believes that these skills are critical for success in the 21st 
century and that environmental education will help prepare 
students play an important role in strengthening our nation's 
economy.
    Environmental education involves the outdoors, and in many 
respects getting students outdoors is essential to connect them 
with their surrounding environment. The Committee believes that 
while engaging students in the outdoors is important and 
beneficial, the overall benefits of integrating environmental 
education into students' education are numerous and are not 
limited to experiences outside school walls. When environmental 
education is integrated into the classroom, students and 
teachers are able to use current and, ideally, local 
environmental issues to help increase their understanding of 
math, science, history, and other academic subjects. 
Environmental education is a powerful tool to help motivate 
students to take care of the environment and help improve their 
academic achievement.
    Environmental education has been shown to improve academic 
performance across the curriculum. According to Karen Harris, 
principal of Pot Spring Elementary School in Baltimore County, 
using the outdoors to teach language arts, math, reading, 
science, and art has resulted in improved academic performance 
and behavior, and in student achievement. At Pot Spring 
Elementary, integrating environmental education into the 
curriculum has fostered a collaborative environment among 
students and produced community among students, faculty and 
staff.\1\ Students can also benefit from character development 
and leadership, environmental responsibility, and academic 
performance when engaged in environmental education.\2\
---------------------------------------------------------------------------
    \1\Testimony of Karen Harris, Hearing, U.S. House of 
Representatives, Subcommittee on Early Childhood, Elementary and 
Secondary Education, Environmental Education: Teaching Our Children to 
Preserve our Future, April 22, 2008 (http://edlabor.house.gov/
testimony/2008-04-22-KarenHarris.pdf).
    \2\Testimony of Dr. Nancy S. Grasmick, Hearing, U.S. House of 
Representatives, Subcommittee on Early Childhood, Elementary and 
Secondary Education, Environmental Education: Teaching Our Children to 
Preserve our Future, April 22, 2008 (http://edlabor.house.gov/
testimony/2008-04-22-NancyGrasmick.pdf).
---------------------------------------------------------------------------
    The NCLI Act will enhance existing federal environmental 
education programs as well as create a new program, the 
National Capacity Environmental Education Grant program (NCEEG) 
to help develop state and national capacity around 
environmental education.

Professional development in environmental education

    The Committee finds that in proved preparation of 
environmental educators increases both the quantity and quality 
of environmental education, improves environmental learning and 
supports student academic achievement. The Committee considers 
environmental education professional development as an integral 
component in producing environmentally literate students. When 
teachers are provided opportunities to experience environmental 
science, to meet environmental professionals, and to learn 
about or engage in a wide range of environmental issues facing 
our nation, those teachers bring their experiences into the 
classroom. The interdisciplinary nature of environmental 
education leads naturally to environmental education across the 
curriculum--in art, math, science, social studies, language 
arts or other subjects. Therefore, teachers should be provided 
training on how to integrate environmental education across the 
curriculum, using it as a tool to enhance the academic 
achievement of students.
    It is the Committee's intent that the Environmental 
Education and Training Program (EETP) currently administered 
through the Environmental Protection Agency (EPA) should now 
include program and activities to create opportunities for 
enhanced and ongoing professional development in environmental 
education. The Committee notes that when teachers are given 
ongoing professional development, they are provided necessary 
supports to respond and adapt to challenges they face in the 
classroom.
    The Committee believes that professional development 
programs and activities carried out by the EETP should include 
educational methods and practices that integrate scientifically 
valid research teaching methods and technology-based teaching 
methods into the curriculum. It is the Committee's intent that 
professional development for teachers in environmental 
education, specifically related to educational methods and 
practices, and that is funded under this Act, be based on 
scientific research that shows that the methods and practices 
are effective in increasing the academic achievement of 
students.
    Currently, the EETP's program and activities include the 
development of environmental education programs and curriculum. 
The Committee believes that, to the extent such standards 
exist, environmental education curricula and programs should be 
aligned with challenging state and local academic content 
standards. The Committee is not mandating that states or locals 
create such standards. However, the Committee believes that 
when these programs and curricula are aligned with existing 
academic content standards, the academic achievement of 
students in science, math, and other subjects will improve. 
Also, the Committee believes that environmental education 
programs and curriculum developed under the EETP should advance 
the teaching of interdisciplinary courses that integrate the 
study of natural, social, and economic system and that include 
strong field components. According to Sean Davidson, a school 
sponsored trip to a local farm to learn about the outdoors 
encouraged him to seek out other outdoor experiences. A 
subsequent trip to the Chesapeake Bay led to his eventual 
decision to co-found Greenlight Biofuels, a biodiesel 
production company.\3\ Environmental education helps students 
become more aware of their environment and encourages them to 
take proactive steps to become better stewards of the 
environment.
---------------------------------------------------------------------------
    \3\Testimony of Sean Davidson, Hearing, U.S. House of 
Representatives, Subcommittee on Early Childhood, Elementary and 
Secondary Education, Environmental Education: Teaching Our Children to 
Preserve our Future, April 22, 2008, (http://edlabor.house.gov/
testimony/2008-04-22-SeanDavidson.pdf)
---------------------------------------------------------------------------
    Bringing teachers in contact with working professionals in 
environmental fields will help to expand their knowledge of and 
research in environmental issues. Teachers will be better 
poised to teach about environmental issues when they are 
provided information on the issues facing our nation and world, 
and when they have first-hand knowledge of the work being done 
to address these issues. Teachers will also benefit from 
environmental education distance leaning programs that are up-
to-date, based on scientifically valid research, and that are 
innovative and content-based. Distance leaning is of particular 
importance for our nation's rural elementary and secondary 
educators. Because not every teacher is able to travel to 
forums, seminars, and conferences on environmental education, 
distance learning programs should increase the number of 
teachers who are able to provide environmental education in 
their classrooms. It is the Committee's intent that the EETP 
include summer workshops or institutes, including follow-up 
training, for elementary and secondary teachers that will 
provide professional development on how to integrate 
environmental education into the classroom and topics related 
to the improvement of environmental education.
    Additionally, the Committee believes that the EETP should 
establish programs to prepare teachers to share environmental 
education professional development they have received with 
other teachers at their schools. The EETP should also establish 
programs that promote outdoor environmental education 
activities for teaches and students.
    According to Dr. Oliver R.W. Pergrams, Director of the Red 
Rock Institute, Inc., and Conservation Biologist at the 
University of Illinois at Chicago, ``while classroom 
environmental education . . . is important and absolutely 
necessary, incorporating as many hands-on nature experiences as 
possible is crucial.''\4\
---------------------------------------------------------------------------
    \4\Testimony of Dr. Oliver R.W. Pergams, Hearing, U.S. House of 
Representatives, Subcommittee on Early Childhood, Elementary and 
Secondary Education, Environmental Education: Teaching Our Children to 
Preserve Our Future, April 22, 2008, (http://edlabor.house.gov/
testimony/ 2008-04-22-OliverPergams.pdt)
---------------------------------------------------------------------------
    According to the report of the National Science Foundation 
on science and engineering (S&E;) , ``the S&E; workforce in the 
United States has grown rapidly for decades''' although ``the 
proportions of women, blacks, and Hispanics in S&E; occupations 
have continued to grow over time, but are still less than their 
proportions of the population.''\5\ As such, it is the 
Committee's intent that the EETP include initiatives to 
encourage individuals traditionally underrepresented in 
environmental careers to pursue postsecondary degrees in majors 
leading to environmental careers. The EETP should also contain 
programs and activities to encourage mid-career environmental 
professionals to pursue careers in environmental education. An 
environmental professional can bring real-world experience to 
the classroom and help make environmental education more 
relevant for students.
---------------------------------------------------------------------------
    \5\National Science Board. 2008. Science and Engineering Indicators 
2008. Two volumes. Arlington VA: National Scienc Foundation (volume 1, 
NSB 08-01; volume 2, NSB 08-01A) (http:nsf.gov/statistics/seind08/
pdfstart.htm)
---------------------------------------------------------------------------

Building national and state capacity in environmental education

    The Committee determines that there is a need for federal 
resources to build national and state capacity in environmental 
education. While the the Committee supports the continued work 
of the EPA through the NEEA programs, the Committee also 
recognizes that the Department of Education can have an 
influential role in building capacity for and improving 
environmental education in our nation. H.R. 3036 establishes, 
within the Department of Education, an environmental education 
capacity program with separate funding to support environmental 
education initiatives at the state and local level. The 
Committee expects that the Department of Education will partner 
with the EPA in this initiative.
    Eligible grants for the capacity building program include 
state educational agencies, local educational agencies, 
nonprofits, and institutions of higher education that have 
demonstrated expertise and experience in the development of 
institutional, financial, intellectual, or policy resources 
needed to help the field of environmental education become more 
effective and widely practiced. An amendment offered by 
Representative Holt and Souder encourages grant applicants to 
partner with federal national resources management agencies, as 
defined in the NEEA. It is the Committee's intent that 
partnerships with such agencies may involve each of the various 
goals within the mission of the particular agency. The 
Committee recognizes the important contributions to 
environmental education made by zoos, aquariums, museums, 
science and nature centers, libraries, botanic gardens, and 
other cultural institutions. The Committee further recognizes 
that teacher and student education programs at such entities, 
when conducted in partnership with local educational agencies, 
can help accomplish the purposes of this Act. Therefore, the 
Committee encourages giant applicants under the NCEEG program 
to partner with such entities to establish new programs or 
expand existing programs. Furthermore, the Committee recognizes 
the contributions made by local and regional parks to the 
environmental education of children and communities, and also 
encourages NCEEG program grantees to partner with them to 
establish new programs or expand existing programs.
    Grants awarded under NCEEG program may be used for a number 
of purposes, including developing environmental education 
standards, new environmental policy approaches, model programs, 
national studies on the effectiveness of environmental 
education, or increasing the number of elementary and secondary 
environmental education teachers. Representative Souder offered 
an amendment to H.R. 3036 , clarifying that such standards and 
state curriculum frameworks for environmental education include 
the need to balance conservation of the environment with the 
development of the nation's energy resources. The Committee 
supports the goal of educating students about the challenges 
currently faced by our nation and the world in regard to the 
amount of fossil fuels available globally and the resources 
necessary to research and develop new energy sources for the 
future.
    Representative Bishop of New York offered an amendment to 
allow NCEEG program grantees to apply for funds for the 
replication or dissemination of information about proven tested 
model environmental education programs on waste reduction, 
reuse, recycling, and composting programs and, when possible, 
to promote these activities within the school. The amendment 
was adopted by voice vote. The Committee believes that teaching 
students about these issues will help raise awareness and may 
encourage schools to develop their own programs to address 
these issues.
    Representative Clarke of New York also offered an amendment 
to allow funds under the NCEEG program be used to address 
issues of environmental justice and for the development of 
environmental justice curricula at the middle and high school 
level. The amendment was adopted by recorded vote following 
debate and consideration of the meaning of the term 
``environmental justice.'' The Committee intends that the 
definition of environmental justice be derived from that 
currently used by the EPA :

          Environmental Justice is the fair treatment and 
        meaningful involvement of all people regardless of 
        race, color, national origin, culture, education, or 
        income with respect to the development, implementation, 
        and enforcement of environmental laws, regulations, and 
        policies.
          Fair Treatment means that no group of people, 
        including racial, ethnic, or socioeconomic groups, 
        should bear a disproportionate share of the negative 
        environmental consequences resulting from industrial, 
        municipal, and commercial operations or the execution 
        of federal, state, local, and tribal environmental 
        programs and policies.
          Meaningful Involvement means that: (1) potentially 
        affected community residents have an appropriate 
        opportunity to participate in decisions about a 
        proposed activity that will affect their environment 
        and/or health; (2) the public's contribution can 
        influence the regulatory agency decision; (3) the 
        concerns of all participants involved will be 
        considered in the decision-making process; and (4) the 
        decision-makers seek out and facilitate the involvement 
        of those potentially affected.

    The Committee believes that it is important for students to 
investigate and consider environmental justice issues facing 
their respective communities and the nation. Additionally, the 
Committee believes that suburban, rural, and urban communities 
may face a variety of environmental justice issues and as such 
intends that these grants be awarded to grantees in a variety 
of geographic locations.

State environmental literacy plans

    H.R. 3036 will provide support for developing environmental 
literacy plans and encourage states to develop a framework to 
guide environmental education in that state. An environmentally 
literate citizenry will be more capable of analyzing 
environmental issues and making along informed decisions as 
consumers, employees, parents, youth, students, and voters.
    It is the Committee's intent that a state educational 
agency that applies for a grant under the NCEEG program either 
has a state environmental literacy plan in place or develops a 
plan with funds made available under the grant before using 
funds for any other purpose. State environmental literary plans 
must be peer reviewed by a panel composed of experts in 
environmental education and representatives from other related 
state agencies, such as the state's agency on the environment. 
The Committee believes coordination with related state agencies 
will result in higher quality state environmental literacy 
plans. The Committee intends that the description of the state 
environmental literacy plan in the NCEEG serve as a framework 
to guide states in developing their own plan. The Committee 
recognizes, however, that each state is unique and that each 
state environmental literacy plan will differ according to the 
needs and environmental landscape of that state.
    Representative Ehlers of Michigan offered two amendments en 
bloc to include science in the list of subjects to be studied 
in determining whether environmental education improves student 
achievement. The amendments also allow grantees to conduct 
studies of national significance to evaluate ways to coordinate 
authorized with existing federal science teacher in-service 
training or professional development programs. The Committee 
notes that these studies address the continued need for 
coordination and collaboration across Federal programs.
    Representative Castle of Delaware offered an amendment to 
provide accountability for programs under the Act, with the 
exception of the fellowship programs described in section 7. 
The amendment requires the development of quality indicators by 
the administrators of grant funds, including the Administrator 
of the Environmental Protection Agency, the Secretary of 
Education, and a designated official from the National 
Environmental Education Foundation (established in the NEEA). 
The Committee recognizes the importance of accountability and 
will continue to seek ways to further improve accountability 
for programs under the Act.
    Representative Price of Georgia offered an amendment to 
impose certain restrictions on the use of funds. The amendment 
provides that no officer of the federal government may mandate, 
direct, or control a state or local educational agency, or a 
school's curriculum, program of instruction, specific 
instructional content, academic achievement standards, 
assessments, or allocation of funds. Furthermore, no funds may 
be used to endorse, approve, or sanction a particular 
curriculum. The amendment provides that no state shall be 
required to obtain approval or certification from the federal 
government of its academic content or student academic 
achievement standards. The Administrator and Secretary must 
ensure that authorized activities conform to high standards of 
quality, integrity, and accuracy; are objective, neutral, and 
non-ideological and free of partisan political influence; and 
do not advocate a particular political viewpoint. The amendment 
was adopted by voice vote.

Authorization of appropriations

    It has been over eighteen years since the National 
Environmental Education Act was passed into law, and the 
Committee realizes much has changed in the field of 
environmental education and professional development over that 
span of time. H.R. 3036 provides a one-year extension of the 
Act at its highest appropriated level of $14,000,000. It is the 
Committee's intention, however, to address reauthorization of 
the NEEA during the next session of Congress.

                     V. Section-by-Section Analysis


Sec. 1. Short title

    Amends section 1, title, from the ``No Child Left Inside 
Act of 2007'' to the ``No Child Left Inside Act of 2008''

Sec. 2. Definitions

    Amends Section 3 of the National Environmental Education 
Act, Definitions (20 U.S.C. 5502). Adds definitions under this 
section, including the terms ``principles of scientific 
research'', ``scientifically valid research'', ``State'', and 
``State educational agency''.

Sec. 3. Amendments to Section 5 of the Environmental Education and 
        Training Program

    Amends Section 5, subsection (b), the functions and 
activities of the Environmental Education and Training Program 
(20 U.S.C. 5504). Expands or adds to the functions of the 
Environmental Education and Training Program. Creates 
opportunities for enhanced and ongoing professional 
development. Requires scientifically valid researched teaching 
methods and technology-based teaching methods and curriculum. 
Clarifies the kinds of programs and curriculum to be developed. 
Expands opportunities to bring teachers in contact with 
environmental professionals to enhance teachers' subject matter 
knowledge and research in environmental issues. Includes 
environmental education distance learning for teachers that use 
curricula that are innovative, content-based and based on 
current scientifically valid research.
    Encourages individuals traditionally underrepresented in 
environmental careers to pursue postsecondary degrees in majors 
leading to such careers. Authorizes the establishment of 
programs to prepare teachers to provide environmental education 
professional development to other teachers and to promote 
environmental education activities as part of the regular 
school curriculum and schedule. Authorizes summer workshops and 
institutes for elementary and secondary environmental education 
teachers, including follow-up training. Encourages mid-career 
environmental professionals to pursue careers in environmental 
education.
    Requires the Administrator of the Environmental Protection 
agency to consult with the Secretary of Education when making a 
grant under this section.
    Amends Section 11(a) of the National Environmental 
Education Act (20 U.S.C. 5510(a)). Extends authorization level 
of $14 million for 1 year through fiscal year 2009.
    Amends the National Environmental Education Act by 
redesignating section 11 as section 14 and inserts new sections 
11, 12, and 13.

Sec. 11. National capacity environmental Education Grant Program

    Authorizes a competitive grant program in the Department of 
Education. Clarifies eligible entities, including partnerships 
with a program run by a federal natural resource management 
agency.
    Describes program areas including developing and 
implementing state academic content standards, student academic 
achievement standards, and state curriculum frameworks 
including information on the need to balance conservation of 
the environment with the development of the nation's energy 
resources; replicating or disseminating information on proven 
and tested model environmental education programs that use the 
environment throughout the curriculum, provide integrated 
instruction about natural, social, and economic systems, waste 
reduction, reuse, recycling, or composting, and issues of 
environmental justice; developing and implementing new policy 
approaches to advance environmental education on state and 
national levels; conducting studies of national significance; 
executing projects that spread the use or adoption of 
environmental education content standards; developing a state 
environmental literacy plan, and developing evidence-based 
approaches to build capacity to increase the number of 
elementary and secondary environmental educators.
    Establishes basic content requirements for applications, 
including a plan to initiate, expand, or improve environmental 
education programs and an evaluation and accountability plan.
    Requires an annual report that includes a description of 
the activities completed during the prior year; results of the 
grantee's accountability and evaluation plan; and a description 
of the activities.
    Limits the amount of grant funds that may be used for 
administrative expenses to five percent.
    Describes peer review requirements for the state 
educational agencies. Requires applicants that are not state 
educational agencies, to demonstrate that the applicant has 
consulted with the state education agency about the use of 
grant funds.
    Describes the match required from states for the grants of 
ten percent for the first year, twenty-five percent for the 
second year, and fifty percent for each subsequent year.
    Requires a report to the Committee on Education and Labor 
in the U.S. House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the U.S. Senate.
    Allows funds to be available until expended.
    Specifies that funds are meant to supplement not supplant 
other funds for environmental education.
    Describes rules of construction indicating that nothing in 
the section should be construed to mandate academic content 
standards, curricula, or assessments in environmental 
education. Also indicates that nothing in the section should be 
construed to authorize an officer or employee of the federal 
government to mandate, direct, or control a state, local 
educational agency, or school's specific instructional content, 
academic achievement standards, assessments, curriculum, or 
program of instruction.
    Authorizes such sums as may be necessary to carry out the 
section for fiscal year 2009.

Sec. 12. Accountability

    Requires the Administrator of the EPA, the Secretary of 
Education, and an official of the National Environmental 
Education Foundation, all of whom oversee the grants (except 
the fellowships of Section 7) to develop quality indicators for 
each program. Describes the minimum requirements required. 
Requires a report from each grantee on the progress towards 
reaching each goal. Requires officials disseminate reported 
information widely and electronically.

Sec. 14. Restrictions on Federal Government and use of Federal funds

    Prohibits any officer of the federal government from 
mandating, directing, or controlling a state, local educational 
agency, or a school's curriculum, program of instruction, 
specific instructional content, academic achievement standards, 
assessments, or allocation of funds.
    Prohibits the use of funds to endorse, approve, or sanction 
a particular curriculum.
    Provides that no state shall be required to have academic 
content or student academic achievement standards approved or 
certified by the federal government.
    Requires the Administrator and Secretary to ensure that 
activities under this Act shall conform to high standards of 
quality, integrity, and accuracy; are objective, neutral, and 
non-ideological and free of partisan political influence; and 
do not advocate a particular political viewpoint.

                     VI. Explanation Of Amendments

    The Amendment in the Nature of a Substitute, as amended, is 
explained in the body of this report.
    Representative Clarke (D-NY) offered an amendment to allow 
grantees of the National capacity Environmental Education grant 
program to replicate or disseminate information about proven 
and tested model environmental education programs that address 
issues of environmental justice, including policies and methods 
for eliminating disparate enforcement of environmental laws and 
regulations with respect to minority and low-income 
communities, with particular attention to the development of 
environmental justice curriculum at the middle and high school 
level. The amendment was adopted by a vote of 27-18.

           VII. Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1, the Congressional 
Accountability Act, requires a description of the application 
of this bill to the legislative branch. H.R. 3036 expands and 
enhances environmental education in our public schools, and has 
no direct impact on the legislative branch.

                    VIII. Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. H.R. 3036 contains no intergovernmental or private-
sector mandates as defined by the Unfunded Mandates Reform Act 
(UMRA).

                         IX. Earmark Statement

    H.R. 3036 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clauses 9(d), 9(e) or 9(f) of rule XXI of the House of 
Representatives.


    XI. Statement of Oversight Findings and Recommendations of the 
                               Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the body of this report.

            XII. New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 and with respect to 
requirements of 3(c)(3) of rule XIII of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following estimate for 
H.R. 3036 from the Director of the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 8, 2008.
Hon. George Miller,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3036, the No Child 
Left Inside Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Justin 
Humphrey.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 3036--No Child Left Inside Act of 2008

    H.R. 3036 would amend the National Environmental Education 
Act to authorize the appropriation of $14 million for fiscal 
year 2009 for the Environmental Protection Agency for 
environmental education and training programs. It also would 
authorize the appropriation of such sums as may be necessary 
for fiscal year 2009 for the Department of Education for a new 
grant program for research and expansion of educational 
opportunities in the field of environmental education. Based on 
data from similar programs, CBO estimates that $10 million 
would be sufficient to operate this program in 2009.
    As shown in the following table, CBO estimates that 
implementing H.R. 3036 would increase discretionary spending by 
$24 million over the 2009-2012 period. The bill would not 
affect direct spending or revenues.
    For this estimate, CBO assumes that the necessary sums will 
be appropriated in 2009 and that outlays will follow historical 
patterns of similar programs. The costs of this legislation 
fall within budget functions 300 (natural resources and 
environment) and 500 (education, training, employment, and 
social services).
    H.R. 3036 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
state, local, and tribal governments could benefit from the 
funds authorized in the bill.

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2009      2010      2011      2012      2013    2009-2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Environmental Protection Agency:
    Authorization Level............................        14         0         0         0         0         14
    Estimated Outlays..............................         9         4         1         0         0         14
Department of Education:
    Estimated Authorization Level..................        10         0         0         0         0         10
    Estimated Outlays..............................         *         7         2         1         0         10
    Total:
        Estimated Authorization Level..............        24         0         0         0         0         24
        Estimated Outlays..........................         9        11         3         1         0        24
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    The CBO staff contact for this estimate is Justin Humphrey. 
This estimate was approved by Keith Fontenot, Deputy Assistant 
Director for Health and Human Resources, Budget Analysis 
Division.

      XIII. Statement of General Performance Goals and Objectives 

    In accordance with clause 3(c) of rule XIII of the House of 
Representatives, the goal of H.R. 3036 is to enhance 
environmental education. The Committee expects the Department 
of Education to comply with H.R. 3036 and implement the changes 
to the law in accordance with these stated goals.

                XIV. Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the House of 
Representatives, the Committee must include a statement citing 
the specific powers granted to Congress in the Constitution to 
enact the law proposed by H.R. 3036. The Committee believes 
that the amendments made by this bill are within Congress' 
authority under Article I, section 8, clause 18 of the U.S. 
Constitution.

                         XV. Committee Estimate

    Clause 3(d)(2) of rule XIII of the House of Representatives 
requires an estimate and a comparison of the costs that would 
be incurred in carrying out H.R. 3036. However, clause 
3(d)(3)(B) of that rule provides that this requirement does not 
apply when the Committee has included in its report a timely 
submitted cost estimate of the bill prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act.

       XVI. Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the House of 
Representatives, changes in existing law made by the bill, as 
reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new matter is printed in 
italic, existing law in which no change is proposed is shown in 
roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                  NATIONAL ENVIRONMENTAL EDUCATION ACT

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--
     * * * * * * *
[Sec. 11. Authorization.]
Sec. 11. National capacity environmental education grant program.
Sec. 12. Accountability.
Sec. 13. Authorization.
Sec. 14. Restrictions on Federal Government and use of Federal funds.

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

  For the purposes of this Act, the term--
          (1) * * *

           *       *       *       *       *       *       *

          (12) ``Foundation'' means the National Environmental 
        Education and Training Foundation established pursuant 
        to section 10 of this Act; [and]
          (13) ``Board of Directors'' means the Board of 
        Directors of the National Environmental Education and 
        Training Foundation[.];
          (14) ``principles of scientific research'' means 
        principles of research that--
                  (A) apply rigorous, systematic, and objective 
                methodology to obtain reliable and valid 
                knowledge relevant to education activities and 
                programs;
                  (B) present findings and make claims that are 
                appropriate to, and supported by, the methods 
                that have been employed; and
                  (C) include, appropriate to the research 
                being conducted--
                          (i) use of systematic, empirical 
                        methods that draw on observation or 
                        experiment;
                          (ii) use of data analyses that are 
                        adequate to support the general 
                        findings;
                          (iii) reliance on measurements or 
                        observational methods that provide 
                        reliable and generalizable findings;
                          (iv) strong claims of causal 
                        relationships, only with research 
                        designs that eliminate plausible 
                        completing explanations for observed 
                        results, such as, but not limited to, 
                        random-assignment experiments;
                          (v) presentation of studies and 
                        methods in sufficient detail and 
                        clarity to allow for replication or, at 
                        a minimum, to offer the opportunity to 
                        build systematically on the findings of 
                        the research;
                          (vi) acceptance by a peer-reviewed 
                        journal or critique by a panel of 
                        independent experts through a 
                        comparably rigorous, objective, and 
                        scientific review; and
                          (vii) consistency of findings across 
                        multiple studies or sites to support 
                        the generality of results and 
                        conclusions;
          (15) ``scientifically valid research'' includes 
        applied research, basic research, and field-initiated 
        research in which the rationale, design, and 
        interpretation are soundly developed in accordance with 
        principles of scientific research;
          (16) ``State'' has the meaning given such term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965; and
          (17) ``State educational agency'' has the meaning 
        given such term in section 9101 of the Elementary and 
        Secondary Education Act of 1965.

           *       *       *       *       *       *       *


SEC. 5. ENVIRONMENTAL EDUCATION AND TRAINING PROGRAM.

  (a) * * *
  (b) The functions and activities of the program shall 
include, at a minimum--
          (1) creating opportunities for enhanced and ongoing 
        professional development and classroom training in 
        environmental education and studies including 
        environmental sciences and theory, educational methods 
        and practices (including integrating scientifically 
        valid research teaching methods and technology-based 
        teaching methods into the curriculum), environmental 
        career or occupational education, and topical 
        environmental issues and problems;

           *       *       *       *       *       *       *

          (3) development of environmental education programs 
        and [curriculum, including] curriculum (including 
        programs and curriculum to meet the needs of diverse 
        ethnic and cultural [groups;] groups) which--
                  (A) are aligned with challenging State and 
                local academic content standards to the extent 
                such standards exist; and
                  (B) advance the teaching of interdisciplinary 
                courses that integrate the study of natural, 
                social, and economic systems and that include 
                strong field components;
          (4) encouraging individuals traditionally under-
        represented in environmental careers to pursue 
        postsecondary degrees in majors leading to such 
        careers;
          [(4)] (5) sponsorship and management of international 
        exchanges of teachers and other educational 
        professionals between the United States, Canada, and 
        Mexico involved in environmental programs and issues;
          [(5)] (6) maintenance or support of a library of 
        environmental education materials, information, 
        literature, and technologies, with electronic as well 
        as hard copy accessibility;
          [(6)] (7) evaluation and dissemination of 
        environmental education materials, training methods, 
        and related programs;
          [(7)] (8) sponsorship of conferences, seminars, and 
        related forums for the advancement and development of 
        environmental education and training curricula and 
        materials, including international conferences, 
        seminars, [and forums;] forums, and bringing teachers 
        into contact with working professionals in 
        environmental fields to expand such teachers' subject 
        matter knowledge of, and research in, environmental 
        issues;
          [(8)] (9) supporting effective partnerships and 
        networks and the use of distant learning technologies[; 
        and], including environmental education distance 
        learning programs for teachers using curricula that are 
        innovative, content-based, and based on scientifically 
        valid research that is current as of the date of the 
        program involved;
          (10) establishment of programs to prepare teachers at 
        a school to provide environmental education 
        professional development to other teachers at the 
        school and programs to promote outdoor environmental 
        education activities as part of the regular school 
        curriculum and schedule in order to further the 
        knowledge and development of teachers and students;
          (11) summer workshops or institutes, including 
        follow-up training, for elementary and secondary school 
        environmental education teachers;
          (12) encouraging mid-career environmental 
        professionals to pursue careers in environmental 
        education; and
          [(9)] (13) such other activities as the Administrator 
        determines to be consistent with the policies of this 
        Act.Special emphasis should be placed on developing 
        environmental education programs, workshops, and 
        training tools that are portable and can be broadly 
        disseminated.
  (c)(1) The Administrator, in consultation with the Secretary, 
shall make a grant on an annual basis to an institution of 
higher education or other institution which is a not-for-profit 
institution (or consortia of such institutions) to operate the 
environmental education and training program required by this 
section.

           *       *       *       *       *       *       *


SEC. 11. NATIONAL CAPACITY ENVIRONMENTAL EDUCATION GRANT PROGRAM.

  (a) Grants Authorized.--
          (1) In general.--The Secretary is authorized to award 
        grants, on a competitive basis, to nonprofit 
        organizations, State educational agencies, local 
        educational agencies, or institutions of higher 
        education that have demonstrated expertise and 
        experience in the development of the institutional, 
        financial, intellectual, or policy resources needed to 
        help the field of environmental education become more 
        effective and widely practiced. Notwithstanding any 
        other provision of this section, a State educational 
        agency, a local educational agency, an institution of 
        higher education, or a not-for-profit organization may 
        use funds provided under this section to coordinate 
        with any program or unit operated by a Federal Natural 
        Resource Management Agency to carry out environmental 
        education programs based on the full range of the 
        resources and mission of the Agency.
          (2) Duration.--The Secretary shall award each grant 
        under this section for a period of not less than 1 year 
        and not more than 3 years.
  (b) Use of Funds.--Grant funds made available under this 
section shall be used for 1 or more of the following:
          (1) Developing and implementing challenging State 
        academic content standards, student academic 
        achievement standards, and State curriculum frameworks 
        in environmental education, including the need to 
        balance conservation of the environment with the 
        development of the Nation's energy resources.
          (2) Replicating or disseminating information about 
        proven and tested model environmental education 
        programs that--
                  (A) use the environment as an integrating 
                theme or content throughout the curriculum;
                  (B) provide integrated, interdisciplinary 
                instruction about natural, social, and economic 
                systems along with field experience that 
                provides students with opportunities to 
                directly experience nature in ways designed to 
                improve overall academic performance, self-
                esteem, personal responsibility, community 
                involvement, personal health (including 
                addressing child obesity issues), or their 
                understanding of nature;
                  (C) provide integrated instruction on waste 
                reduction, reuse, recycling, and composting 
                programs and, when possible, promote such 
                activities within the school; or
                  (D) address issues of environmental justice, 
                including policies and methods for eliminating 
                disparate enforcement of environmental laws and 
                regulations with respect to minority and low-
                income communities, with particular attention 
                to the development of environmental justice 
                curriculum at the middle and high school level.
          (3) Developing and implementing new policy approaches 
        to advancing environmental education at the State and 
        national level.
          (4) Conducting studies of national significance 
        that--
                  (A) evaluate the effectiveness of teaching 
                environmental education as a separate subject, 
                and as an integrating concept or theme;
                  (B) evaluate the effectiveness of using 
                environmental education in helping students 
                improve their assessment scores in mathematics, 
                reading or language arts, science, and the 
                other core academic subjects; or
                  (C) evaluate ways to coordinate activities 
                under this Act with existing Federal science 
                teacher in-service training or professional 
                development programs.
          (5) Executing projects that advance widespread State 
        and local educational agency adoption and use of 
        environmental education content standards, including 
        adoption and use of such standards in textbook 
        selection criteria.
          (6) Developing a State environmental literacy plan 
        that includes the following:
                  (A) A description of how the State 
                educational agency will measure the 
                environmental literacy of students, including--
                          (i) relevant State academic content 
                        standards and content areas regarding 
                        environmental education, and courses or 
                        subjects where environmental education 
                        instruction will take place; and
                          (ii) a description of the 
                        relationship of the plan to the 
                        secondary school graduation 
                        requirements of the State.
                  (B) A description of programs for 
                professional development for teachers to 
                improve the teachers'--
                          (i) environmental content knowledge;
                          (ii) skill in teaching about 
                        environmental issues; and
                          (iii) field-based pedagogical skills.
                  (C) A description of how the State 
                educational agency will implement the plan, 
                including securing funding and other necessary 
                support.
          (7) Developing evidence-based approaches to build 
        capacity to increase the number of elementary and 
        secondary environmental educators.
  (c) Applications.--Each nonprofit organization, State 
educational agency, local educational agency, or institution of 
higher education desiring a grant under this section shall 
submit to the Secretary an application that contains a plan to 
initiate, expand, or improve environmental education programs 
in order to make progress toward meeting State standards for 
environmental learning (to the extent such standards exist) and 
environmental literacy and contains an evaluation and 
accountability plan for activities assisted under this section 
that includes rigorous objectives that measure the impact of 
activities funded under this section.
  (d) Requirements.--
          (1) Annual report.--In order to continue receiving 
        grant funds under this section after the first year of 
        a multi-year grant under this section, the grantee 
        shall submit to the Secretary an annual report that--
                  (A) describes the activities assisted under 
                this section that were conducted during the 
                preceding year;
                  (B) describes the results of the grantee's 
                evaluation and accountability plan; and
                  (C) demonstrates that the grantee has 
                undertaken activities to accomplish at least 
                one of the following:
                          (i) Responsibly preparing children to 
                        understand and address major challenges 
                        facing the United States, such as 
                        increasing the supply of clean energy, 
                        climate change, environmental health 
                        risks, and environmental disaster and 
                        emergency preparedness.
                          (ii) Supporting systemic education 
                        reform by strengthening environmental 
                        education as an integral part of the 
                        elementary school and secondary school 
                        curriculum.
                          (iii) Helping ensure that all 
                        students meet challenging State 
                        academic content and student academic 
                        achievement standards in environmental 
                        learning.
                          (iv) Supporting efforts to enable 
                        students to engage in environmental 
                        education.
                          (v) Leveraging and expanding private 
                        and public support for environmental 
                        education partnerships at national, 
                        State, and local levels.
                          (vi) Awarding grants to initiate, 
                        expand, or improve environmental 
                        education programs for elementary and 
                        secondary students.
                          (vii) Restoring and increasing field 
                        experiences as part of the regular 
                        school curriculum and schedule in order 
                        to improve students' overall academic 
                        performance, self-esteem, personal 
                        responsibility, community involvement, 
                        personal health (including addressing 
                        child obesity issues), and 
                        understanding of nature.
          (2) Administrative expenses.--Not more than 5 percent 
        of the grant funds made available to a nonprofit 
        organization, State educational agency, local 
        educational agency, or institution of higher education 
        under this section for any fiscal year may be used for 
        administrative expenses.
          (3) State environmental literacy plans.--
                  (A) In general.--A State educational agency 
                receiving a grant under this section shall--
                          (i) have a State environmental 
                        literacy plan that is consistent with 
                        the requirements of subsection (b)(6) 
                        and that is peer reviewed within the 
                        State by a panel composed of experts in 
                        environmental education and 
                        representatives from other related 
                        State agencies; or
                          (ii) develop a State environmental 
                        literacy plan described in subsection 
                        (b)(6) with funds made available under 
                        this section prior to using the grant 
                        funds for any other purpose.
                  (B) Peer review.--If an environmental 
                literacy plan described in subparagraph (A)(i) 
                has not been peer reviewed within the State, 
                the State educational agency, notwithstanding 
                subsection (b), shall use funds made available 
                under this section to complete such review, as 
                described in such subparagraph, prior to using 
                the grant funds for any other purpose.
                  (C) Other grantees.--An applicant for a grant 
                under this section that is not a State 
                educational agency and applies for funding to 
                be used for the purpose described in subsection 
                (b)(6) shall demonstrate in the application 
                that the applicant has consulted with the State 
                educational agency about such use of funds.
  (e) Administrative Provisions.--
          (1) Federal share.--The Federal share under this 
        section shall not exceed--
                  (A) 90 percent of the total cost of a program 
                assisted under this section for the first year 
                for which the program receives assistance under 
                this section;
                  (B) 75 percent of such cost for the second; 
                and
                  (C) 50 percent of such cost for each 
                subsequent such year.
          (2) Report to congress.--Not later than one year 
        after enactment of this bill, the Secretary shall 
        submit to the Committee on Education and Labor of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate a report 
        that--
                  (A) describes the programs assisted under 
                this section;
                  (B) documents the success of such programs in 
                improving national and State environmental 
                education capacity; and
                  (C) makes such recommendations as the 
                Secretary determines appropriate for the 
                continuation and improvement of the programs 
                assisted under this section.
          (3) Availability of funds.--Amounts made available to 
        the Secretary to carry out this section shall remain 
        available until expended.
  (f) Supplement, Not Supplant.--Funds made available under 
this section shall be used to supplement, and not supplant, any 
other Federal, State, or local funds available for 
environmental education activities.
  (g) Authorization of Appropriations.--There are authorized to 
be appropriated to carry out this section such sums as may be 
necessary for fiscal year 2009.

SEC. 12. ACCOUNTABILITY.

  (a) Quality Indicators.--The Administrator, the Secretary, 
and the Foundation each shall establish indicators of program 
quality for the programs and activities funded under this Act 
(other than fellowship awards funded under section 7) that such 
official or entity administers.
  (b) Minimum Indicators.--Such indicators of program quality, 
at a minimum, shall--
          (1) enhance understanding of the natural and built 
        environment;
          (2) foster a better appreciation of the 
        interdisciplinary nature of environmental issues and 
        conditions;
          (3) increase achievement in related areas of national 
        interest, such as mathematics and science;
          (4) increase understanding of the benefits of 
        exposure to the natural environment;
          (5) improve understanding of how human and natural 
        systems interact together;
          (6) broaden awareness of environmental issues; and
          (7) include such other indicators as the 
        Administrator, Secretary, or Foundation may develop.
  (c) Report.--Each recipient receiving funds under this Act, 
other than fellowship recipients under section 7, shall report 
annually to the Administrator, the Secretary, or the Foundation 
regarding progress made in meeting the minimum indicators of 
program quality established under subsection (b). The 
Administrator, the Secretary, and the Foundation shall 
disseminate such information widely to the public through 
electronic and other means.

SEC. [11.] 13. AUTHORIZATION.

  (a) There is hereby authorized to be appropriated to the 
Environmental Protection Agency to carry out this [Act not to 
exceed $12,000,000 for each fiscal year 1992 and 1993, not to 
exceed $13,000,000 for fiscal year 1994, and not to exceed 
$14,000,000 for each fiscal year 1995 and 1996.] Act, except 
for section 11, $14,000,000 for fiscal year 2009.

SEC. 14. RESTRICTIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

  (a) General Prohibition.--Nothing in this Act shall be 
construed to authorize an officer or employee of the Federal 
Government to mandate, direct, or control a State, local 
educational agency, or school's curriculum, program of 
instruction, specific instructional content, academic 
achievement standards, assessments, or allocation of State or 
local resources, or mandate a State or any subdivision thereof 
to spend any funds or incur any costs not paid for under this 
Act.
  (b) Prohibition on Endorsement of Curriculum.--No funds 
provided to the Administrator or Secretary under this Act may 
be used by the Agency or Department of Education to endorse, 
approve, or sanction any curriculum designed to be used in an 
elementary school or secondary school.
  (c) Prohibition on Requiring Federal Approval or 
Certification of Standards.--No State shall be required to have 
academic content or student academic achievement standards 
approved or certified by the Federal Government, in order to 
receive assistance under this Act.
  (d) Restrictions on Partisan Political Influence.--
          (1) In general.--In carrying out the activities 
        described in this Act, the Administrator and Secretary 
        shall ensure that such activities--
                  (A) conform to high standards of quality, 
                integrity, and accuracy;
                  (B) are objective, neutral, and 
                nonideological and are free of partisan 
                political influence; and
                  (C) do not advocate a particular political 
                viewpoint.
          (2) Actions to implement and enforce.--The 
        Administrator and Secretary shall take such actions as 
        are necessary to ensure that the provisions of this 
        section are vigorously implemented and enforced.

           *       *       *       *       *       *       *


                     XVII. Committee Correspondence

    None.

  REPUBLICAN VIEWS ON H.R. 3036, THE NO CHILD LEFT INSIDE ACT OF 2008

    Committee Republicans support efforts to extend 
environmental education programs in our nation's elementary and 
secondary schools. We support providing assistance to States, 
local educational agencies, and public and private 
organizations to teach our kids about the environment, making 
professional development available to teachers, and providing 
better access to quality programs and information. At the same 
time, we believe that the Federal government should have a 
limited role in this arena and that the nation's focus should 
remain on ensuring that low-income and disadvantaged students 
learn how to read and perform basic math so that they can be 
prepared for success in life.

            ENVIRONMENTAL EDUCATION PROVIDED THROUGH THE EPA

    For nearly two decades, the Environmental Protection Agency 
(EPA) has been the primary Federal agency responsible for 
assisting schools in improving the quality of environmental 
education. When Congress passed the National Environmental 
Education Act (NEEA) in 1990, it established a program within 
EPA to award grants for educating elementary and secondary 
school students and training teachers in environmental 
education, to support fellowships for post-secondary students, 
and to fund other related activities.
    Administered by the EPA's Office of Environmental 
Education, the Environmental Education Grant Program provides 
funding to State and local agencies, tribal governments, 
institutions of higher education, and nonprofit organizations 
to support activities that educate elementary and secondary 
school students, train teachers, increase understanding of 
environmental issues, and accomplish related goals.
    Since FY1992, EPA reports that it has awarded $40.6 million 
in grants for nearly 3,200 environmental education projects in 
all 50 States, the District of Columbia, and U.S. territories. 
EPA also reports that grant recipients have exceeded matching 
funds requirements, providing at least $1 for every $3 awarded 
by EPA, underscoring the importance of these activities to 
school districts and communities.

                   THE COMMITTEE PROCESS FOR HR. 3036

    On July 12, 2007, Congressman John Sarbanes (D-MD) 
introduced H.R. 3036, the No Child Left Inside Act, which 
amends the Elementary and Secondary Education Act of 1965 
(ESEA) to authorize States to use Federal funds for the 
creation and development of elementary and secondary 
environmental education programs.
    The bill, as introduced, would have created two new 
environmental education programs within the Elementary and 
Secondary Education Act, to be administered by the U.S. 
Department of Education. Both of these new programs were 
troublesome on a number of levels, from their duplicative 
nature to their prescriptive policy mandates.
    Thankfully, a substitute amendment was offered at the 
Committee markup of H.R. 3036 that substantially changed the 
bill's framework and used the framework of the NEEA, rather 
than creating a program out of whole cloth. We think this is 
the right approach.
    The substitute would extend for one year the National 
Environmental Education Act (NEEA), which coordinates the 
Federal government's environmental education programs through 
the EPA and strengthens the existing Environmental Education 
and Training Program so that it focuses on creating 
opportunities for enhanced and ongoing professional 
development.
    However, H.R. 3036 still is not perfect. The legislation 
would still create a new National Capacity Environmental 
Education Grant Program, administered by the Department of 
Education, under the NEEA to develop elementary and secondary 
environmental education programs. This program is duplicative 
of the existing Environmental Education Program, which is 
already being administered by the EPA. We are concerned that 
the creation of this new program focused on environmental 
education at the Department of Education will further dilute 
the Federal government's limited funding provided to existing 
programs.
    The bill would also require States to develop environmental 
literacy plans on how the State will measure the environmental 
literacy of its students, which may include relevant academic 
content standards. While a number of States are already 
developing environmental literacy plans to increase 
environmental content knowledge, there is a concern that this 
new requirement would urge States to develop academic content 
standards in environmental learning. This potential shift would 
come at the same time that States are currently struggling to 
maintain high standards in reading and math and develop 
standards for students with disabilities and Limited English 
Proficient students.
    Nonetheless, the bill does make some important changes to 
NEEA and we hope to continue to work with the Democrats to 
address these concerns.

 INCREASING ACCOUNTABILITY IN THE NATIONAL ENVIRONMENTAL EDUCATION ACT

    During the Committee markup, Congressman Mike Castle (R-DE) 
successfully offered an important amendment that improved the 
bill by requiring the EPA Administrator and Secretary of 
Education to establish indicators of program quality for 
programs and activities funded under the Act. Indicators 
include: enhancing the understanding of the natural and built 
environment, fostering an appreciation of environmental issues, 
and increasing academic achievement in environmental issues. 
The amendment also requires participants in the program to 
report to the Administrator, the Secretary, and the National 
Environmental Education and Training Foundation the progress 
that they have made in meeting these indicators so that this 
information can be disseminated to the public.
    This amendment ensures that the programs and activities 
funded under the NEEA are, in fact, quality programs and 
activities. In recent years, because of the No Child Left 
Behind Act, all 50 States have implemented accountability 
measures in response to increasing concerns about the quality 
of elementary and secondary education in America. The amendment 
guarantees that all of our nation's environmental education 
programs are following this model of accountability.

              ADVANCING THE UNDERSTANDING OF ENERGY POLICY

    As the price of gasoline continues to dramatically increase 
and recognizing the need for this Committee to be working on 
legislative solutions to help address the nation's energy 
crisis, Congressman Tom Price (R-GA) and Congressman Mark 
Souder (R-IN) offered two amendments to allow eligible entities 
receiving funds under the new National Capacity Environmental 
Education Grant program to develop new policy approaches to 
advance the understanding of energy issues. The Price 
amendment, which was rejected by a largely party line vote, 
would have allowed applicants to focus on American made energy 
and the effects of such policies on energy usage, the impact of 
greater usage on the environment, and any corresponding effects 
on the price of gasoline. The Souder amendment, which was 
adopted by voice vote, allows eligible entities to focus on 
balancing conservation of the environment with the development 
of our nation's energy resources.
    The adoption of both of these amendments would have greatly 
improved the bill by highlighting issues that are important to 
American families and the schools in their local communities. 
This Committee and this Congress should be doing all that we 
can to educate our nation's students about the ability of the 
United States to develop clean and reliable sources of energy 
like advanced nuclear power and next generation coal, as well 
as promoting clean power from renewable energy sources such as 
wind and hydroelectric power.

ENSURING LOCAL CONTROL FOR THE DEVELOPMENT OF CURRICULUM AND PROMOTING 
                           SCIENCE EDUCATION

    Although we agree that there is a limited role for the 
Federal government to play in supporting State and local 
environmental education programs, there has always been a 
significant amount of controversy about what is being taught in 
the classroom. For example, we know that certain textbooks and 
curricula are doing a disservice to students by advocating 
specific measures to address environmental problems, or by 
presenting unbalanced or scientifically inaccurate data.
    Prior to 2000, this Committee had heard about numerous 
cases where assessments and instructional materials funded 
through the ESEA and research conducted by the now-defunct 
Office of Educational, Research, and Innovation asked questions 
and posed solutions that were biased and unbalanced. It is for 
this reason that Congress inserted language in the 
reauthorization of the No Child Left Behind Act and the 
Education Sciences Reform Act to specifically prohibit an 
employee of the Federal government from mandating, directing, 
or controlling a school's curriculum or instructional program 
and require agencies to present information in an objective, 
neutral, and non-ideological way.
    During the markup, Congressman Tom Price (R-GA) 
successfully offered an amendment to apply the language 
included in ESEA and the new Institute for Education Sciences 
to all of the programs administered by the EPA under the 
National Environmental Education Act. The amendment will ensure 
that the agency's activities conform to the highest standards 
of quality, integrity, and accuracy. It will also guarantee 
that grantees that are receiving valuable Federal funding are 
conducting their activities in a manner that is objective, 
neutral, and non-ideological, free of partisan political 
influence, and that they do not advocate a particular 
viewpoint.
    The EPA has issued guidelines specifying that the 
environmental education grants it awards cannot be used for 
projects that would recommend a specific course of action or 
advocate a particular viewpoint, and that activities must be 
based on ``objective and scientifically sound information'' to 
be eligible for funding. The NEEA does not include similar 
requirements and we believe that we must codify these 
guidelines in the underlying bill.
    Further strengthening the bill, Congressman Vern Ehlers (R-
Ml) offered two amendments that were adopted during the 
committee process. The first amendment would ensure that the 
studies of national significance authorized under H.R. 3036 
evaluate the effectiveness of using environmental education in 
helping students improve their assessment scores in science. 
The second amendment would encourage greater coordination of 
activities with existing Federal science teacher in-service or 
professional development programs.
    During consideration of the bill, Democrats adopted an 
amendment offered by Congresswoman Yvette Clarke (D-NY) on a 
party line vote that would encourage the promotion of issues of 
environmental justice, including policies and methods for 
eliminating disparate enforcement of environmental laws and 
regulations in minority and low-income communities. It would 
also encourage the development of environmental justice 
curriculum at the middle and high school level. While we 
understand the concern that is being raised on the other side 
of the aisle over this issue, we opposed the amendment and 
continue to believe that the requirement for States and local 
educational agencies to develop specific curriculum runs 
counter to the provisions included in the Price amendment and 
to the actions of the Federal government to ensure that 
decisions affecting curriculum and instructional materials 
should be dealt with on the local level. Nonetheless, we hope 
to continue to work with the Democrats, including striking this 
unnecessary and unwarranted provision, as the bill moves to the 
floor.

                               CONCLUSION

    Committee Republicans support H.R. 3036, the No Child Left 
Inside Act, which extends and enhances opportunities for 
environmental education to strengthen programs that teach our 
children about the environment in which they live. This type of 
instruction is often encompassed in science curricula, from 
ecology to biology to life sciences. But there is also an 
interest in assisting States and school districts in focusing 
more directly on environmental studies and this bill attempts 
to promote these efforts.
    At the same time, we need to be careful about directing 
limited Federal resources to efforts that require students to 
study a specific subject area and creating new programs that 
could potentially create a fragmented system of promoting 
environmental education on the Federal level.
                                   Howard P. ``Buck'' McKeon.
                                   Mark E. Souder.
                                   Ric Keller.
                                   Joe Wilson.
                                   Kenny Marchant.
                                   Luis G. Fortuno.
                                   Charles W. Boustany, Jr.
                                   John R. ``Randy'' Kuhl, Jr.
                                   David Davis (TN).
                                   Timothy Walberg.

                            ADDITIONAL VIEWS

    Page 3 and page 11 of the Committee's report to H.R. 3036, 
the No Child Left Inside Act, insufficiently describes the 
meaning of my amendment to the bill on energy development. My 
amendment--with the intent to encourage discussion of energy 
development in federally-funded environmental education--would 
make it a requirement that grantees of the NCEEG program in the 
bill that choose to use their grant funds to develop 
environmental education standards and curriculum include within 
those standards and curriculum a discussion of the need to 
balance environmental preservation with the development of our 
nation's energy resources. In contrast, the Committee report 
appears to describe my amendment as an option, rather than a 
requirement.
                                                       Mark Souder.