HR 2187 · 111th Congress 2009–2011, ended

21st Century Green High-Performing Public School Facilities Act

Latest action · May 18, 2009 Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 30, 2009
  2. Passed HouseMay 14, 2009
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

21st Century Green High-Performing Public School Facilities Act - Title I: Grants for Modernization, Renovation, or Repair of Public School Facilities - (Sec. 102) Requires the Secretary of Education to make grants to states for the modernization, renovation, or repair of public schools, including early learning facilities and charter schools, to make them safe, healthy, high-performing, and technologically up-to-date.

Allocates grant funds among states on the basis of the relative portion of school improvement funds provided to local educational agencies (LEAs) in each state under the Elementary and Secondary Education Act of 1965.

Reserves 2% of the grant funds for assistance to outlying areas and Indian schools.

Reserves 5% of the grant funds for LEAs serving geographic areas with significant economic distress and those serving geographic areas recovering from a natural disaster.

Requires states to reallocate such grant funds to LEAs on the basis of each LEA's share of school improvement funds received by LEAs in the state for the previous fiscal year.

(Sec. 104) Allows LEAs to give priority to projects involving the abatement, removal, or interim control of asbestos, polychlorinated biphenyls, mold, mildew, lead-based hazards, or a proven carcinogen.

Title II: Supplemental Grants for Louisiana, Mississippi, and Alabama - (Sec. 202) Requires the Secretary to make grants to LEAs in Louisiana, Mississippi, and Alabama for the construction, modernization, renovation, or repair of public schools, including early learning facilities and charter schools, to make them safe, healthy, high-performing, and technologically up-to-date.

Allocates grant funds among such LEAs on the basis of each LEA's share of infrastructure damage inflicted on public school facilities in such states by Hurricane Katrina or Hurricane Rita in 2005.

Title III: General Provisions - (Sec. 301) Prohibits LEAs from using this Act's grants: (1) for maintenance costs; (2) for facilities used primarily for events for which the public is charged admission or for which the purpose is not the education of children; (3) to supplant funds otherwise available for school modernization, renovation, repair, and construction efforts; or (4) to purchase carbon offsets.

(Sec. 303) Prohibits States from considering LEAs' receipt of this Act's grants in determining their eligibility for state aid or the amount of state aid they receive.

(Sec. 304) Conditions LEA grant eligibility on LEA and state spending for free public education remaining above specified levels. Requires states to reduce the amount of grant funds available to an LEA by the proportion by which the LEA's spending falls below such levels. Directs the Secretary to waive such maintenance of effort requirements if such waiver is justified by exceptional or uncontrollable circumstances, or the precipitous decline in an LEA's financial resources.

(Sec. 305) Requires grantees' contracting procedures for school modernization, renovation, repair, and construction to ensure the maximum number of qualified bidders through full and open competition.

(Sec. 306) Requires the iron and steel used in projects funded under this Act to have been produced in this country, subject to specified exceptions.

(Sec. 307) Requires all laborers and mechanics employed by contractors or subcontractors in the performance of work assisted under this Act to be paid wages at rates not less than those prevailing on similar work in the locality.

(Sec. 309) Directs LEA grantees to use a percentage of their grant, rising in 10% increments from 50% in FY2010 to 100% in FY2015, for public school modernization, renovation, repairs, or construction that meet Leadership in Energy and Environmental Design (LEED) green building rating standards, Energy Star standards, Collaborative for High Performance Schools (CHPS) criteria, Green Building Initiative environmental design and rating standards (Green Globes), or equivalent standards adopted by the entities that have jurisdiction over such LEAs.

Requires the Secretary to provide outreach and technical assistance to states and LEAs concerning the best practices in school modernization, renovation, repair, and construction.

(Sec. 310) Directs: (1) LEAs to report annually to their states, and the public, on their use of such grant funds; (2) states to submit annually to the Secretary a compilation of the information received from their LEAs; and (3) the Secretary to report to Congress annually on grants made under this Act.

(Sec. 311) Authorizes appropriations for this Act's grant programs for FY2010-FY2015.

Prohibits the use of such funds for Congressional earmarks.

(Sec. 312) Prohibits the use of this Act's grants: (1) to employ workers who are illegal aliens or whose status has not been ascertained using the employment verification system; or (2) by LEAs that do not require a criminal background check on all their employees.

(Sec. 313) Requires the Secretary to work with grant recipients to promote appropriate opportunities for participants in a YouthBuild program to gain employment experience on projects funded under this Act. (YouthBuild programs provide education and employment skills to disadvantaged youth.)

(Sec. 314) Requires the Department of Education to evaluate the effect this Act's projects have on student academic achievement and to report its findings to Congress.

(Sec. 315) Directs the Secretary to establish an Advisory Council on Green, High-Performing Schools to provide the Secretary with advice on the academic, health, energy, and environmental impact of such schools and assistance in facilitating their creation.

(Sec. 316) Requires the Secretary to work with grant recipients to promote appropriate opportunities for individuals enrolled in the Job Corps program or a community or junior college to gain employment experience on projects funded under this Act.

(Sec. 318) Directs the Comptroller General to study and report to Congress on the extent and type of green, high-performing school projects being undertaken at schools around the country, the geographic distribution of green, high-performing schools, and their availability to disadvantaged, disabled, or limited English proficient students and students from major racial and ethnic groups.

(Sec. 319) Allows LEAs to encourage schools at which this Act's projects are being implemented to educate students about the project and its benefits.

Recorded votes 9

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 260Failed149–257May 14, 2009
House 259Passed275–155May 14, 2009
House 258Failed182–247May 14, 2009
House 257Agreed to433–0May 14, 2009
House 256Agreed to433–0May 14, 2009

Cosponsors 25

Members who signed on, in the order they did. Signatures ran from Apr 30, 2009 to May 11, 2009; 16 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MIDale E. KildeeOriginalApr 30, 2009
D-IADavid LoebsackOriginalApr 30, 2009
D-ORDavid WuOriginalApr 30, 2009
D-CAGeorge MillerOriginalApr 30, 2009
D-MPGregorio Kilili Camacho SablanOriginalApr 30, 2009
D-COJared PolisOriginalApr 30, 2009
D-CTJoe CourtneyOriginalApr 30, 2009
D-MAJohn F. TierneyOriginalApr 30, 2009
D-CALynn C. WoolseyOriginalApr 30, 2009
D-HIMazie K. HironoOriginalApr 30, 2009
D-NYPaul TonkoOriginalApr 30, 2009
D-PRPedro R. PierluisiOriginalApr 30, 2009
D-ILPhil HareOriginalApr 30, 2009
D-AZRaúl M. GrijalvaOriginalApr 30, 2009
D-NJRobert E. AndrewsOriginalApr 30, 2009

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred Apr 30, 2009Markup May 6, 2009Reported May 11, 2009
SenateHealth, Education, Labor, and Pensions Committee
Referred May 18, 2009

Actions 53

Everything that happened, newest first.

  1. May 18, 2009Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
  2. May 14, 2009Considered as unfinished business. (consideration: CR H5588-5594)
  3. May 14, 2009The House resolved into Committee of the Whole House on the state of the Union for further consideration.
  4. May 14, 2009UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments to H.R. 2187 which had been debated earlier and on which further proceedings had been postponed.
  5. May 14, 2009The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2187.
  6. May 14, 2009The previous question was ordered pursuant to the rule. (consideration: CR H5591)
  7. May 14, 2009The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR 5/13/2009 H5507-5509)
  8. May 14, 2009Mr. Thompson (PA) moved to recommit with instructions to Education and Labor. (consideration: CR H5591-5593; text: CR H5591)
  9. May 14, 2009DEBATE - The House proceeded with 10 minutes of debate on the Thompson(PA) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding at the end of section 311, the following: (c)LIMITATION.- (1) IN GENERAL.- Notwithstanding subsections (a) and (b) and any other provision of this Act, for any fiscal year for which funds are authorized to be appropriated under this Act that immediately follows a fiscal year in which the Federal Government has a deficit in excess of $500,000,000,000, the amount authorized to be appropriated under this Act shall be $0. ¢ (2) DEFINITION.- For the purpose of this subsection, the term "deficit" means a fiscal year during which outlays of the Federal Government exceed receipts of the Federal Government.
  10. May 14, 2009The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5592)
  11. May 14, 2009On motion to recommit with instructions Failed by recorded vote: 182 - 247 (Roll no. 258).
  12. May 14, 2009Passed/agreed to in House: On passage Passed by recorded vote: 275 - 155 (Roll no. 259).
  13. May 14, 2009Motion to reconsider laid on the table Agreed to without objection.
  14. May 14, 2009Subsequent to final passage, Mr. Kline was recognized for the purpose of offering an amendment to amend the title.
  15. May 14, 2009Pursuant to clause 6, rule XVI, the amendment not being debatable, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Kline demanded a recorded vote which was ordered.
  16. May 14, 2009The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2187.
  17. May 13, 2009Rule H. Res. 427 passed House.
  18. May 13, 2009Considered under the provisions of rule H. Res. 427. (consideration: CR H5500-5524)
  19. May 13, 2009Rule provides for consideration of H.R. 2187 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
  20. May 13, 2009House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 427 and Rule XVIII.
  21. May 13, 2009The Speaker designated the Honorable Tim Holden to act as Chairman of the Committee.
  22. May 13, 2009GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2187.
  23. May 13, 2009Pursuant to the provisions of H.Res. 427, an amendment in the nature of a substitute now printed in the bill, is considered as adopted as original text for the purpose of further amendment.
  24. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the George Miller (CA) amendment.
  25. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Titus amendment.
  26. May 13, 2009POSTPONED PROCEEDINGS - At the conclusion of debate on the Titus amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced the ayes had prevailed. Ms. Titus demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
  27. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Roe amendment.
  28. May 13, 2009POSTPONED PROCEEDINGS - At the conclusion of debate on the Roe amendment, the Chair put the question on the adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Kildee demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
  29. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Ellsworth amendment.
  30. May 13, 2009POSTPONED PROCEEDINGS - At the conclusion of debate on the Ellsworth amendment, the Chair put the question on adoption of the amendment and by voice vote, announced the ayes had prevailed. Mr. Ellsworth demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
  31. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the McKeon amendment.
  32. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Giffords amendment.
  33. May 13, 2009POSTPONED PROCEEDINGS - At the conclusion of debate on the Giffords amendment, the Chair put the question on adoption of the amendment and by voice vote announced the ayes had prevailed. Ms. Giffords demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
  34. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Reichert amendment.
  35. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Maffei amendment.
  36. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Bright amendment.
  37. May 13, 2009POSTPONED PROCEEDINGS - At the conclusion of debate on the Bright amendment, the Chair put the question on adoption of the amendment and by voice vote announced the ayes had prevailed. Mr. Andrews demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
  38. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Griffith amendment.
  39. May 13, 2009POSTPONED PROCEEDINGS - At the conclusion of debate on the Griffith amendment, the Chair put the question on adoption of the amendment and by voice vote announced the ayes had prevailed. Mr. Griffith demanded a recorded vote and the Chair postponed further proceedings until later in the legislative day.
  40. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Heinrich amendment.
  41. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Schwartz amendment.
  42. May 13, 2009DEBATE - Pursuant to the provisions of H.Res. 427, the Committee of the Whole proceeded with 10 minutes of debate on the Schrader amendment.
  43. May 13, 2009UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
  44. May 13, 2009Mr. Wu moved that the Committee now rise.
  45. May 13, 2009On motion that the Committee now rise Agreed to by voice vote.
  46. May 13, 2009Committee of the Whole House on the state of the Union rises leaving H.R. 2187 as unfinished business.
  47. May 12, 2009Rules Committee Resolution H. Res. 427 Reported to House. Rule provides for consideration of H.R. 2187 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Education and Labor now printed in the bill.
  48. May 11, 2009Reported (Amended) by the Committee on Education and Labor. H. Rept. 111-100.
  49. May 11, 2009Placed on the Union Calendar, Calendar No. 46.
  50. May 6, 2009Committee Consideration and Mark-up Session Held.
  51. May 6, 2009Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 14.
  52. Apr 30, 2009Introduced in House
  53. Apr 30, 2009Referred to the House Committee on Education and Labor.

In the Congressional Record 7

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1230Phil Hare D-ILMay 21, 2009
ExtensionsDebate and remarks E1201Maxine Waters D-CAMay 19, 2009
ExtensionsDebate and remarks E1181Bobby Bright D-ALMay 18, 2009
House · ExtensionsDebate and remarks E1154, E1155, E1160, E1167, E1176, E1177, H5586, H5588–H5594Amendments H5589, H5590, H5593Motions H5591Recorded votes H5589, H5590, H5592, H5593Bright amendment (grants funding to local educational agencies serving areas that are economically distressed or recovering from a natural disaster)Kline amendment (amend title)Giffords amendment (encourage educational agencies to educate students on green schools technology project function and environmental benefits)Thompson of Pennsylvania motion to recommit (prohibit funding if Federal deficit exceeds certain level)Albio Sires D-NJ, Ann Kirkpatrick D-AZ, Bob Etheridge D-NC, Bobby Bright D-AL (amendment), Chaka Fattah D-PA, Chris Van Hollen D-MD, Gabrielle Giffords D-AZ (amendment), George Miller D-CA, Glenn Thompson R-PA (motion), John D. Dingell D-MI, John Kline R-MN (amendment), Parker Griffith R-AL (amendment), Robert E. Andrews D-NJ, Sheila Jackson Lee D-TXMay 14, 2009
HouseDebate and remarks H5492–H5498, H5500–H5524Text printed H5492Amendments H5507, H5509, H5510, H5511, H5512, H5513, H5514, H5515, H5516, H5517, H5518, H5519, H5520Motions H5498Recorded votes H5498, H5521, H5522, H5523Ellsworth amendment (use of sustainable, domestic hardwood lumber for the construction, modernization, or repair of public educational facilities)Roe amendment (Institute of Educational Sciences study on impact of grants and loans for school construction and renovation on student academic achievement)Titus amendment (Advisory Council on Green, High-Performing Schools establishment)Al Green D-TX, Allyson Y. Schwartz D-PA (amendment), Ben Chandler D-KY, Ben Ray Luján D-NM, Betsy Markey D-CO, Betty Sutton D-OH, Bill Pascrell, Jr. D-NJ, Bobby Bright D-AL (amendment), Brad Ellsworth D-IN (amendment), Dale E. Kildee D-MI, Daniel B. Maffei D-NY (amendment), David Dreier R-CA, David G. Reichert R-WA (amendment), David Loebsack D-IA, David P. Roe R-TN (amendment), David Wu D-OR, Dina Titus D-NV (amendment), Doc Hastings R-WA, Earl Blumenauer D-OR, Emanuel Cleaver D-MO, Gabrielle Giffords D-AZ (amendment), George Miller D-CA (amendment), Harry Teague D-NM, Henry Cuellar D-TX, Howard P. "Buck" McKeon R-CA (amendment), Jared Polis D-CO (motion), Jeff Flake R-AZ, Jim Matheson D-UT, John Abney Culberson R-TX, John J. Hall D-NY, John Kline R-MN, Kurt Schrader D-OR (amendment), Lincoln Diaz-Balart R-FL, Mark Kirk R-IL, Martin Heinrich D-NM (amendment), Michael N. Castle R-DE, Parker Griffith R-AL (amendment), Paul Tonko D-NY, Peter J. Visclosky D-IN, Robert E. Andrews D-NJ, Ron Klein D-FL, Rush Holt D-NJ, Suzanne M. Kosmas D-FLMay 13, 2009

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. May 11, 2009H.R. 2187, 21st Century Green High-Performing Public School Facilities Act<p>Cost estimate for the bill as ordered reported by the House Committee on Education and Labor on May 6, 2009</p>
  2. May 11, 2009H.R. 2187, 21st Century Green High-Performing Public School Facilities ActCost estimate for the bill as ordered reported by the House Committee on Education and Labor on May 6, 2009

Amendments 15

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 122An amendment numbered 1 printed in House Report 111-106 to replace the bill's provision regarding charter schools (section 308) with a new provision that makes technical corrections and clarifies the disposition of excess funds. Expands the allowable uses of funds to include repairing, replacing, and installing water supply and building envelopes. Adds a new section to Title I of the bill giving priority consideration to schools that would use funding to remove asbestos, polychrolinated biphenyls, mold, mildew, lead-based hazards, or a proven carcinogen. Increases the set-aside for tribal and outlying schools from 1% to 2%.George Miller D-CAOn agreeing to the Miller, George amendment (A001) Agreed to by voice vote.
HAmdt 123An amendment numbered 2 printed in House Report 111-106 to require states to be in compliance with the public school choice, supplemental education services, private school participation, and military recruiters provisions of the Elementary and Secondary Education Act to be eligible to receive funding under the bill.Howard P. "Buck" McKeon R-CAOn agreeing to the McKeon amendment (A002) Agreed to by voice vote.
HAmdt 124An amendment numbered 3 printed in House Report 111-106 to add a new section 314 requiring the Secretary of Education to establish an Advisory Council to the Secretary on green, high-performing schools. The Council advises the Secretary on the impact of green, high-performing schools on teaching and learning, health energy costs and environmental impact; works with the Secretary to recommend Federal policies to increase the number of green, high-performing schools; provides technical assistance to states; and identifies Federal policies that are barriers to helping states make schools green and high-performing. The Council consults with the Chair of the Council on Environmental Quality, the Commerce Secretary, Energy Secretary, Health and Human Services Secretary, Labor Secretary, EPA Administrator, and the GSA Administrator.Dina Titus D-NVOn agreeing to the Titus amendment (A003) Agreed to by recorded vote: 270 - 160 (Roll no. 249).
HAmdt 125An amendment numbered 4 printed in House Report 111-106 to add a new section 314 requiring the Education Secretary to enter into an agreement with the Department's Institute of Educational Sciences to evaluate the impact of projects funded under the bill on student academic achievement, including a comparison of students attending public schools receiving funding under the bill with students attending public schools that are not receiving such funding.David P. Roe R-TNOn agreeing to the Roe (TN) amendment (A004) Agreed to by recorded vote: 432 - 2 (Roll no. 250).
HAmdt 126An amendment numbered 5 printed in House Report 111-106 to amend section 309 (green schools) to provide that nothing in the bill shall be construed to prohibit a local educational agency from using sustainable, domestic hardwood lumber for public school modernization, renovation, repairs, or construction. It also would amend section 310 (reporting) to require agencies receiving grant funds under the bill to disclose whether any flooring installed was from renewable sources.Brad Ellsworth D-INOn agreeing to the Ellsworth amendment (A005) Agreed to by recorded vote: 425 - 7 (Roll no. 251).

Related bills 1

Companion bills and other measures the record links to this one.

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To direct the Secretary of Education to make grants to State educational agencies for the modernization, renovation, or repair of public school facilities, and for other purposes.
Short Titles as Introduced
21st Century Green High-Performing Public School Facilities Act
Short Titles as Reported to House
21st Century Green High-Performing Public School Facilities Act
Short Titles as Passed House
21st Century Green High-Performing Public School Facilities Act

Subjects

Assigned by the Library of Congress. Policy area: Education.

Text 4

Each version as it was printed, newest first.

  1. May 18, 2009Referred in Senate
  2. May 14, 2009Engrossed in House
  3. May 11, 2009Reported in House
  4. Apr 30, 2009Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.