H.R. 3499House109th Congress (2005-2007)In Committee

Local Control of Education Act of 2005

Introduced July 28, 2005

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Education Reform.

October 12, 2005

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HouseIntro Referral

Introduced in House

July 28, 2005

HouseIntro Referral

Referred to the House Committee on Education and the Workforce.

July 28, 2005

HouseCommittee

Referred to the Subcommittee on Education Reform.

October 12, 2005

Floor Debate

24 members

What members said about H.R. 3499 on the floor

10 Republicans14 Democrats
Christopher J. Dodd
Sen. Christopher J. DoddD-CT · May 4, 2006

Mr. President, I had intended to offer an amendment, No. 3755, to this Emergency Supplemental Appropriations bill to provide for full funding of the Help America Vote Act. However, once cloture was…

Jeff Sessions
Sen. Jeff SessionsR-AL · May 4, 2006

Mr. President, first, let me acknowledge the work of Chairman Cochran, Senator Shelby, and the Appropriations Committee in crafting this bill. I would also like to commend Dr. Coburn, Senator McCain,…

Thad Cochran
Sen. Thad CochranR-MS · May 4, 2006

Mr. President, I first thank very sincerely the distinguished Senator from West Virginia for his good help and assistance, his guidance and his leadership in the development and passage of this bill.…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · May 4, 2006

Mr. President, I am extremely disappointed that the Senate did not get the chance to vote on my amendment to strengthen the oversight and monitoring of over $1.6 billion included in this supplemental…

Robert C. Byrd
Sen. Robert C. ByrdD-WV · May 4, 2006

Mr. President, I thank the Chair. I thank the distinguished and very able chairman of the Senate Appropriations Committee, Mr. Cochran, for all of his hard work on this bill. He has worked hard. He…

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Patty Murray
Sen. Patty MurrayD-WA · May 4, 2006

Mr. President, reserving the right to object, if I understand the chairman's request, it is to get 4 minutes of additional time on their side. I ask unanimous consent, then, for an additional 4…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · May 4, 2006

Mr. President, I rise in opposition to Senator Thune's amendment and to set the record straight on my ongoing and passionate support for AmeriCorps and the National Civilian Community Corps, NCCC.…

Ken Salazar
Sen. Ken SalazarD-CO · May 4, 2006

Mr. President, over the March recess, I joined the leaders of the Senate Armed Services Committee, Senator John Warner of Virginia and Senator Carl Levin of Michigan, on a trip to Iraq to hear the…

Tom Coburn
Sen. Tom CoburnR-OK · May 4, 2006

Mr. President, in the past week, the Senate has voted to reduce the overall cost of H.R. 4939, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · May 4, 2006

Mr. President, today I will cast my vote in favor of H.R. 4939, the fiscal year 2006 supplemental appropriations bill. This bill takes the important step of supporting disaster relief efforts and…

Max Baucus
Sen. Max BaucusD-MT · May 4, 2006

Mr. President, I rise to speak in favor of the bipartisan amendment that Finance Committee Chairman Grassley has just offered. As ranking Democrat on the Finance Committee, I have worked with…

John Abney Culberson
Rep. John Abney CulbersonR-TX-7 · May 4, 2006

Mr. Speaker, I am proud to follow my good friend from Utah and join with my colleagues from New Jersey and North Carolina tonight to speak in support of Federal legislation to restore the single most…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · May 4, 2006

I move to lay that motion on the table. The motion to lay on the table was agreed to. I announce that the Senator from West Virginia (Mr. Rockefeller) is necessarily absent. Mr. President, I rise…

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Virginia Foxx
Rep. Virginia FoxxR-NC-5 · May 4, 2006

Mr. Speaker, I ask unanimous consent to claim the time of the gentleman from Texas (Mr. Poe). Mr. Speaker, I am a very, very proud cosponsor of H.R. 3499. I served for 12 years on a school board in…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · May 4, 2006

Mr. Speaker, I come to the floor tonight and I begin by commending the gentleman from Utah for his efforts every week as we take part in the process of bringing back to the American people the…

Jack Reed
Sen. Jack ReedD-RI · May 4, 2006

Mr. President, two important lessons we learned from Hurricane Katrina are that our Nation's infrastructure to protect Americans from flooding and hurricanes is inadequate and upfront investment in…

Carl Levin
Sen. Carl LevinD-MI · May 4, 2006

I would like to enter into a colloquy with my friend from New Hampshire, Senator Gregg, and my friend from North Dakota, Senator Conrad, regarding funds that have been included in this bill for…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · May 4, 2006

Mr. President, I thank my distinguished colleagues from North Carolina and Kansas, Senators Burr and Brownback, for their commitment to avian flu preparedness and to putting in place an effective…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · May 4, 2006

Mr. President, as Chair of the Senate Committee on Small Business and Entrepreneurship, I rise today to address the impact of amendment No. 3810 proposed by the distinguished Senator from Illinois,…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · May 4, 2006

Mr. President, yesterday I spoke on the floor about amendment 3662 filed by Senator Feingold and cosponsored by myself and Senators Byrd, Salazar, Lieberman and Collins, concerning the Special…

Barack Obama
Sen. Barack ObamaD-IL · May 4, 2006

Mr. President, thank you very much for recognizing me. I ask unanimous consent to call up amendment No. 3824. Amendment No. 3824. Mr. President, I ask that the amendment be modified. I move to…

Chuck Grassley
Sen. Chuck GrassleyR-IA · May 4, 2006

Mr. President, I ask unanimous consent to call up amendment No. 3732. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with. Mr. President, the supplemental…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · May 4, 2006

Mr. President, last week I proposed an amendment to the supplemental appropriations bill that would provide relief to individuals facing an unfolding economic crisis along the Oregon and California…

John Thune
Sen. John ThuneR-SD · May 4, 2006

Mr. President, I thank the Chair for yielding time on this amendment. This amendment would provide an additional $20 million for veterans health care, offset by striking $20 million that would be…

Bill Text

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Introduced in HouseIssued July 28, 2005

I

109th CONGRESS

1st Session

H. R. 3499

IN THE HOUSE OF REPRESENTATIVES

July 28, 2005

Mr. Culberson (for himself, Mr. Bartlett of Maryland, Mr. Bishop of Utah, Mr. Feeney, Mr. Paul, Mr. Pence, Mr. Pitts, Mr. Poe, and Mr. Rohrabacher) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL

To restore State sovereignty over public elementary and secondary education.

1.

Short title

This Act may be cited as the Local Control of Education Act of 2005.

2.

Finding

The Congress finds that the creation, funding, support, maintenance, operation, and all other aspects of elementary and secondary education are residual core sovereign functions reserved to the control of the States under the United States Constitution, as expressed in the Tenth Amendment.

3.

Rule of construction

This Act shall be liberally construed and shall be vigorously and promptly enforced so as to ensure the preservation of the States’ core sovereign authority over all aspects of elementary and secondary education under the United States Constitution, as expressed in the Tenth Amendment.

4.

Restoration of State sovereignty with respect to certain Federal education funds

(a)

Funding to States

(1)

In general

With respect to any program under which Federal funds may be provided to a State under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), unless the legislature of the State has by law expressly and specifically authorized operation of the program and, in doing so, has waived the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Federal Government as a condition of receiving Federal funds under the program—

(A)

the Secretary of Education may not provide any funds to the State pursuant to the program;

(B)

no officer, employee, or other authority of the Federal Government shall enforce against an authority of the State, nor shall any authority of the State have any obligation to obey, any requirement of the program; and

(C)

the program shall not operate within the State.

(2)

Term of authorization

If a State enacts (and does not repeal or otherwise terminate) a law authorizing operation of an education program described in paragraph (1), such authorization shall have effect for purposes of paragraph (1) until the later of—

(A)

the end of the 5-year period beginning on the date of the enactment of the law; or

(B)

the end of any regular legislative session of the State that begins during the last year of such 5-year period and is ongoing at the end of such period.

(b)

Funding to local governmental entities

With respect to any program under which Federal funds may be provided to a local governmental entity (including any local educational agency, public kindergarten, public elementary school, or public secondary school) under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Secretary of Education may not provide any funds to the local governmental entity under such program unless the chief law enforcement officer of the State involved certifies that participation by the entity in the program is consistent with any applicable requirements under the law of the State.

(c)

Definitions

For purposes of this section:

(1)

The term authority of a State includes any officer or employee of the State and any local government authority of the State.

(2)

The terms elementary school, local educational agency, and secondary school have the meanings given to those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(d)

Effective date

This section applies in each State beginning at the end of the first regular session of the legislature of that State that begins after the date of the enactment of this Act and shall continue to apply in subsequent years until otherwise provided by law.