I 

112TH CONGRESS 

1ST SESSION H. R. 3490 

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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2011 

Mr. CHANDLER (for himself and Mr. LOEBSACK) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘21st Century Green High-Performing Public School Fa6 cilities Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—GRANTS FOR MODERNIZATION, RENOVATION, OR 

REPAIR OF PUBLIC SCHOOL FACILITIES 

Sec. 101. Purpose. 

Sec. 102. Allocation of funds. 

Sec. 103. Allowable uses of funds. 

Sec. 104. Priority projects. 

TITLE II—GENERAL PROVISIONS 

Sec. 201. Impermissible uses of funds. 

Sec. 202. Supplement, not supplant. 

Sec. 203. Prohibition regarding State aid. 

Sec. 204. Maintenance of effort. 

Sec. 205. Special rule on contracting. 

Sec. 206. Use of American iron, steel, and manufactured goods. 

Sec. 207. Labor standards. 

Sec. 208. Charter schools. 

Sec. 209. Green schools. 

Sec. 210. Reporting. 

Sec. 211. Authorization of appropriations. 

Sec. 212. Special rules. 

Sec. 213. Youthbuild programs. 

Sec. 214. Evaluation. 

Sec. 215. Advisory Council on Green, High-Performing Schools. 

Sec. 216. Job Corps. 

Sec. 217. Junior and community college students. 

Sec. 218. GAO study. 

Sec. 219. Education regarding projects. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) The term ‘‘Bureau-funded school’’ has the 

4 meaning given to such term in section 1141 of the 

5 Education Amendments of 1978 (25 U.S.C. 2021). 

6 (2) The term ‘‘charter school’’ has the meaning 

7 given such term in section 5210 of the Elementary 

8 and Secondary Education Act of 1965 (20 U.S.C. 

9 7221). 


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1 (3) The term ‘‘CHPS Criteria’’ means the 

2 green building rating program developed by the Col3 laborative for High Performance Schools. 

4 (4) The term ‘‘Energy Star’’ means the Energy 

5 Star program of the United States Department of 

6 Energy and the United States Environmental Pro7 tection Agency. 

8 (5) The term ‘‘Green Globes’’ means the Green 

9 Building Initiative environmental design and rating 

10 system referred to as Green Globes. 

11 (6) The term ‘‘LEED Green Building Rating 

12 System’’ means the United States Green Building 

13 Council Leadership in Energy and Environmental 

14 Design green building rating standard referred to as 

15 LEED Green Building Rating System. 

16 (7) The term ‘‘local educational agency’’— 

17 (A) has the meaning given to that term in 

18 section 9101 of the Elementary and Secondary 

19 Education Act of 1965 (20 U.S.C. 7801), and 

20 shall also include the Recovery School District 

21 of Louisiana and the New Orleans Public 

22 Schools; and 

23 (B) includes any public charter school that 

24 constitutes a local educational agency under 

25 State law. 


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1 (8) The term ‘‘outlying area’’— 

2 (A) means the United States Virgin Is3 lands, Guam, American Samoa, and the Com4 monwealth of the Northern Mariana Islands; 

5 and 

6 (B) includes the freely associated states of 

7 the Republic of the Marshall Islands, the Fed8 erated States of Micronesia, and the Republic 

9 of Palau. 

10 (9) The term ‘‘public school facilities’’ means 

11 an existing public school facility, including a public 

12 charter school facility, or another existing facility 

13 planned for adaptive reuse as such a school facility. 

14 (10) The term ‘‘State’’ means each of the 50 

15 States, the District of Columbia, and the Common16 wealth of Puerto Rico. 

17 TITLE I—GRANTS FOR MOD18 ERNIZATION, RENOVATION, 

19 OR REPAIR OF PUBLIC 

20 SCHOOL FACILITIES 

21 SEC. 101. PURPOSE. 

22 Grants under this title shall be for the purpose of 

23 modernizing, renovating, or repairing public school facili24 ties, based on their need for such improvements, to be 


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1 safe, healthy, high-performing, and up-to-date techno2 logically. 

3 SEC. 102. ALLOCATION OF FUNDS. 

4 (a) RESERVATION.— 

5 (1) IN GENERAL.—From the amount appro6 priated to carry out this title for each fiscal year 

7 pursuant to section 211(a), the Secretary shall re8 serve 2 percent of such amount, consistent with the 

9 purpose described in section 101— 

10 (A) to provide assistance to the outlying 

11 areas; and 

12 (B) for payments to the Secretary of the 

13 Interior to provide assistance to Bureau-funded 

14 schools. 

15 (2) USE OF RESERVED FUNDS.—In each fiscal 

16 year, the amount reserved under paragraph (1) shall 

17 be divided between the uses described in subpara18 graphs (A) and (B) of such paragraph in the same 

19 proportion as the amount reserved under section 

20 1121(a) of the Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 6331(a)) is divided 

22 between the uses described in paragraphs (1) and 

23 (2) of such section 1121(a) in such fiscal year. 

24 (3) DISTRESSED AREAS AND NATURAL DISAS25 TERS.—From the amount appropriated to carry out 


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1 this title for each fiscal year pursuant to section 

2 211(a), the Secretary shall reserve 5 percent of such 

3 amount for grants to— 

4 (A) local educational agencies serving geo5 graphic areas with significant economic distress, 

6 to be used consistent with the purpose de7 scribed in section 101 and the allowable uses of 

8 funds described in section 103; and 

9 (B) local educational agencies serving geo10 graphic areas recovering from a natural dis11 aster, to be used consistent with the purpose 

12 described in section 101 and the allowable uses 

13 of funds described in section 103. 

14 (b) ALLOCATION TO STATES.— 

15 (1) STATE-BY-STATE ALLOCATION.—Of the 

16 amount appropriated to carry out this title for each 

17 fiscal year pursuant to section 211(a), and not re18 served under subsection (a), each State shall be allo19 cated an amount in proportion to the amount re20 ceived by all local educational agencies in the State 

21 under part A of title I of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 6311 et 

23 seq.) for the previous fiscal year relative to the total 

24 amount received by all local educational agencies in 

25 every State under such part for such fiscal year. 


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1 (2) STATE ADMINISTRATION.—A State may re2 serve up to 1 percent of its allocation under para3 graph (1) to carry out its responsibilities under this 

4 title, which include— 

5 (A) providing technical assistance to local 

6 educational agencies; 

7 (B) developing an online, publicly search8 able database that includes an inventory of pub9 lic school facilities in the State, including for 

10 each, its design, condition, modernization, ren11 ovation and repair needs, usage, utilization, en12 ergy use, and carbon footprint; and 

13 (C) creating voluntary guidelines for high14 performing school buildings, including guide15 lines concerning the following: 

16 (i) Site location, storm water manage17 ment, outdoor surfaces, outdoor lighting, 

18 and transportation (location near public 

19 transit and easy access for pedestrians and 

20 bicycles). 

21 (ii) Outdoor water systems, land22 scaping to minimize water use, including 

23 elimination of irrigation systems for land24 scaping, and indoor water use reduction. 


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1 (iii) Energy efficiency (including min2 imum and superior standards, such as for 

3 heating, ventilation, and air conditioning 

4 systems), use of alternative energy sources, 

5 commissioning, and training. 

6 (iv) Use of durable, sustainable mate7 rials and waste reduction. 

8 (v) Indoor environmental quality, such 

9 as day lighting in classrooms, lighting 

10 quality, indoor air quality (including with 

11 reference to reducing the incidence and ef12 fects of asthma and other respiratory ill13 nesses), acoustics, and thermal comfort. 

14 (vi) Operations and management, 

15 such as use of energy efficient equipment, 

16 indoor environmental management plan, 

17 maintenance plan, and pest management. 

18 (3) GRANTS TO LOCAL EDUCATIONAL AGEN19 CIES.— 

20 (A) IN GENERAL.—From the amount allo21 cated to a State under paragraph (1), each eli22 gible local educational agency in the State shall 

23 receive an amount in proportion to the amount 

24 received by such local educational agency under 

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1 ondary Education Act of 1965 (20 U.S.C. 6311 

2 et seq.) for the previous fiscal year relative to 

3 the total amount received by all local edu4 cational agencies in the State under such part 

5 for such fiscal year, except that no local edu6 cational agency that received funds under title 

7 I of that Act for such fiscal year shall receive 

8 a grant of less than $5,000 in any fiscal year 

9 under this title. 

10 (B) ELIGIBLE LOCAL EDUCATIONAL AGEN11 CY.—For purposes of subparagraph (A), the 

12 term ‘‘eligible local educational agency’’ means 

13 a local educational agency that— 

14 (i) meets the requirements for— 

15 (I) a local educational agency 

16 plan under section 1112(a) of the Ele17 mentary and Secondary Education 

18 Act of 1965 (20 U.S.C. 6312(a)); 

19 (II) public school choice under 

20 section 1116(b)(1)(E) of the Elemen21 tary and Secondary Education Act of 

22 1965 (20 U.S.C. 6316(b)(1)(E)); 

23 (III) transportation funding for 

24 public school choice under section 

25 1116(b)(9) of the Elementary and 


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1 Secondary Education Act of 1965 (20 

2 U.S.C. 6316(b)(9)); 

3 (IV) supplemental educational 

4 services funding under section 

5 1116(b)(10) of the Elementary and 

6 Secondary Education Act of 1965 (20 

7 U.S.C. 6316(b)(10)); 

8 (V) supplemental educational 

9 services under section 1116(e) of the 

10 Elementary and Secondary Education 

11 Act of 1965 (20 U.S.C. 6316(e)); 

12 (VI) private school participation 

13 under section 9501 of the Elementary 

14 and Secondary Education Act of 1965 

15 (20 U.S.C. 7881); and 

16 (VII) armed forces recruiter ac17 cess under section 9528 of the Ele18 mentary and Secondary Education 

19 Act of 1965 (20 U.S.C. 7908); and 

20 (ii) conducts an independent audit by 

21 a third-party entity, and is certified by the 

22 State, substantiating the overall condition 

23 of the public school facilities and the need 

24 for modernization, renovation, or repair. 


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1 (4) SPECIAL RULE.—Section 1122(c)(3) of the 

2 Elementary and Secondary Education Act of 1965 

3 (20 U.S.C. 6332(c)(3)) shall not apply to paragraph 

4 (1) or (3). 

5 (c) SPECIAL RULES.— 

6 (1) DISTRIBUTIONS BY SECRETARY.—The Sec7 retary shall make and distribute the reservations 

8 and allocations described in subsections (a) and (b) 

9 not later than 30 days after an appropriation of 

10 funds for this title is made. 

11 (2) DISTRIBUTIONS BY STATES.—A State shall 

12 make and distribute the allocations described in sub13 section (b)(3) within 30 days of receiving such funds 

14 from the Secretary. 

15 SEC. 103. ALLOWABLE USES OF FUNDS. 

16 A local educational agency receiving a grant under 

17 this title shall use the grant for modernization, renovation, 

18 or repair of public school facilities, including, where appli19 cable, early learning facilities, including— 

20 (1) repairing, replacing, or installing roofs, in21 cluding extensive, intensive or semi-intensive green 

22 roofs, electrical wiring, water supply and plumbing 

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1 tems, building envelope, windows, ceilings, flooring, 

2 or doors, including security doors; 

3 (2) repairing, replacing, or installing heating, 

4 ventilation, air conditioning systems, or components 

5 of such systems (including insulation), including in6 door air quality assessments; 

7 (3) bringing public schools into compliance with 

8 fire, health, seismic, and safety codes, including pro9 fessional installation of fire/life safety alarms, in10 cluding modernizations, renovations, and repairs 

11 that ensure that schools are prepared for emer12 gencies, such as improving building infrastructure to 

13 accommodate security measures and installing or up14 grading technology to ensure that schools are able to 

15 respond to emergencies such as acts of terrorism, 

16 campus violence, and natural disasters; 

17 (4) modifications necessary to make public 

18 school facilities accessible to comply with the Ameri19 cans with Disabilities Act of 1990 (42 U.S.C. 12101 

20 et seq.) and section 504 of the Rehabilitation Act of 

21 1973 (29 U.S.C. 794); 

22 (5) abatement, removal, or interim controls of 

23 asbestos, polychlorinated biphenyls, mold, mildew, or 

24 lead-based hazards, including lead-based paint haz25 ards; 


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1 (6) measures designed to reduce or eliminate 

2 human exposure to classroom noise and environ3 mental noise pollution; 

4 (7) modernizations, renovations, or repairs nec5 essary to reduce the consumption of coal, electricity, 

6 land, natural gas, oil, or water; 

7 (8) upgrading or installing educational tech8 nology infrastructure to ensure that students have 

9 access to up-to-date educational technology; 

10 (9) modernization, renovation, or repair of 

11 science and engineering laboratory facilities, librar12 ies, and career and technical education facilities, in13 cluding those related to energy efficiency and renew14 able energy, and improvements to building infra15 structure to accommodate bicycle and pedestrian ac16 cess; 

17 (10) renewable energy generation and heating 

18 systems, including solar, photovoltaic, wind, geo19 thermal, or biomass, including wood pellet, woody 

20 biomass, waste-to-energy, and solar-thermal systems 

21 or components of such systems, and energy audits; 

22 (11) measures designed to reduce or eliminate 

23 human exposure to airborne particles such as dust, 

24 sand, and pollens; 


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1 (12) creating greenhouses, gardens (including 

2 trees), and other facilities for environmental, sci3 entific, or other educational purposes, or to produce 

4 energy savings; 

5 (13) upgrading or installing recreational struc6 tures, including physical education facilities for stu7 dents, made from post consumer recovered materials 

8 in accordance with the comprehensive procurement 

9 guidelines prepared by the Administrator of the En10 vironmental Protection Agency under section 

11 6002(e) of the Solid Waste Disposal Act (42 U.S.C. 

12 6962(e)); 

13 (14) other modernization, renovation, or repair 

14 of public school facilities to— 

15 (A) improve teachers’ ability to teach and 

16 students’ ability to learn; 

17 (B) ensure the health and safety of stu18 dents and staff; 

19 (C) make them more energy efficient; or 

20 (D) reduce class size; and 

21 (15) required environmental remediation related 

22 to public school modernization, renovation, or repair 

23 described in paragraphs (1) through (14). 


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1 SEC. 104. PRIORITY PROJECTS. 

2 In selecting a project under section 103, a local edu3 cational agency may give priority to projects involving the 

4 abatement, removal, or interim controls of asbestos, poly5 chlorinated biphenyls, mold, mildew, lead-based hazards, 

6 including lead-based paint hazards, or a proven car7 cinogen. 

8 TITLE II—GENERAL PROVISIONS 

9 SEC. 201. IMPERMISSIBLE USES OF FUNDS. 

10 No funds received under this Act may be used for— 

11 (1) payment of maintenance costs; 

12 (2) stadiums or other facilities primarily used 

13 for athletic contests or exhibitions or other events 

14 for which admission is charged to the general public; 

15 (3) improvement or construction of facilities the 

16 purpose of which is not the education of children, in17 cluding central office administration or operations or 

18 logistical support facilities; or 

19 (4) purchasing carbon offsets. 

20 SEC. 202. SUPPLEMENT, NOT SUPPLANT. 

21 A local educational agency receiving a grant under 

22 this Act shall use such Federal funds only to supplement 

23 and not supplant the amount of funds that would, in the 

24 absence of such Federal funds, be available for moderniza25 tion, renovation, repair, and construction of public school 

26 facilities. 


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1 SEC. 203. PROHIBITION REGARDING STATE AID. 

2 A State shall not take into consideration payments 

3 under this Act in determining the eligibility of any local 

4 educational agency in that State for State aid, or the 

5 amount of State aid, with respect to free public education 

6 of children. 

7 SEC. 204. MAINTENANCE OF EFFORT. 

8 (a) IN GENERAL.—A local educational agency may 

9 receive a grant under this Act for any fiscal year only if 

10 either the combined fiscal effort per student or the aggre11 gate expenditures of the agency and the State involved 

12 with respect to the provision of free public education by 

13 the agency for the preceding fiscal year was not less than 

14 90 percent of the combined fiscal effort or aggregate ex15 penditures for the second preceding fiscal year. 

16 (b) REDUCTION IN CASE OF FAILURE TO MEET

17 MAINTENANCE OF EFFORT REQUIREMENT.— 

18 (1) IN GENERAL.—The State educational agen19 cy shall reduce the amount of a local educational 

20 agency’s grant in any fiscal year in the exact propor21 tion by which a local educational agency fails to 

22 meet the requirement of subsection (a) by falling 

23 below 90 percent of both the combined fiscal effort 

24 per student and aggregate expenditures (using the 

25 measure most favorable to the local agency). 


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1 (2) SPECIAL RULE.—No such lesser amount 

2 shall be used for computing the effort required 

3 under subsection (a) for subsequent years. 

4 (c) WAIVER.—The Secretary shall waive the require5 ments of this section if the Secretary determines that a 

6 waiver would be equitable due to— 

7 (1) exceptional or uncontrollable circumstances, 

8 such as a natural disaster; or 

9 (2) a precipitous decline in the financial re10 sources of the local educational agency. 

11 SEC. 205. SPECIAL RULE ON CONTRACTING. 

12 Each local educational agency receiving a grant under 

13 this Act shall ensure that, if the agency carries out mod14 ernization, renovation, repair, or construction through a 

15 contract, the process for any such contract ensures the 

16 maximum number of qualified bidders, including local, 

17 small, minority, and women- and veteran-owned busi18 nesses, through full and open competition. 

19 SEC. 206. USE OF AMERICAN IRON, STEEL, AND MANUFAC20 TURED GOODS. 

21 (a) IN GENERAL.—None of the funds appropriated 

22 or otherwise made available by this Act may be used for 

23 a project for the modernization, renovation, repair or con24 struction of a public school facility unless all of the iron, 


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1 steel, and manufactured goods used in the project are pro2 duced in the United States. 

3 (b) EXCEPTIONS.—Subsection (a) shall not apply in 

4 any case or category of cases in which the Secretary finds 

5 that— 

6 (1) applying subsection (a) would be incon7 sistent with the public interest; 

8 (2) iron, steel, and the relevant manufactured 

9 goods are not produced in the United States in suffi10 cient and reasonably available quantities and of a 

11 satisfactory quality; or 

12 (3) inclusion of iron, steel, and manufactured 

13 goods produced in the United States will increase 

14 the cost of the overall project by more than 25 per15 cent. 

16 (c) PUBLICATION OF JUSTIFICATION.—If the Sec17 retary determines that it is necessary to waive the applica18 tion of subsection (a) based on a finding under subsection 

19 (b), the Secretary shall publish in the Federal Register 

20 a detailed written justification of the determination. 

21 (d) CONSTRUCTION.—This section shall be applied in 

22 a manner consistent with United States obligations under 

23 international agreements. 


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1 SEC. 207. LABOR STANDARDS. 

2 The grant programs under this Act are applicable 

3 programs (as that term is defined in section 400 of the 

4 General Education Provisions Act (20 U.S.C. 1221)) sub5 ject to section 439 of such Act (20 U.S.C. 1232b). 

6 SEC. 208. CHARTER SCHOOLS. 

7 (a) IN GENERAL.—A local educational agency receiv8 ing an allocation under this Act shall reserve an amount 

9 of that allocation for charter schools within its jurisdiction 

10 for modernization, renovation, repair, and construction of 

11 charter school facilities. 

12 (b) DETERMINATION OF RESERVED AMOUNT.—The 

13 amount to be reserved by a local educational agency under 

14 subsection (a) shall be determined based on the combined 

15 percentage of students eligible under part A of title I of 

16 the Elementary and Secondary Education Act of 1965 (20 

17 U.S.C. 6311 et seq.) in the schools of the agency who— 

18 (1) are enrolled in charter schools; and 

19 (2) the local educational agency, in consultation 

20 with the authorized public chartering agency, ex21 pects to be enrolled, during the year with respect to 

22 which the reservation is made, in charter schools 

23 that are scheduled to commence operation during 

24 such year. 

25 (c) SCHOOL SHARE.—Individual charter schools shall 

26 receive a share of the amount reserved under subsection 


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1 (a) based on the need of each school for modernization, 

2 renovation, repair, or construction, as determined by the 

3 local educational agency in consultation with charter 

4 school administrators. 

5 (d) EXCESS FUNDS.—After the consultation de6 scribed in subsection (c), if the local educational agency 

7 determines that the amount of funds reserved under sub8 section (a) exceeds the modernization, renovation, repair, 

9 and construction needs of charter schools within the local 

10 educational agency’s jurisdiction, the agency may use the 

11 excess funds for other public school facility modernization, 

12 renovation, repair, or construction consistent with this Act 

13 and is not required to carry over such funds to the fol14 lowing fiscal year for use for charter schools. 

15 SEC. 209. GREEN SCHOOLS. 

16 (a) IN GENERAL.—In a given fiscal year, a local edu17 cational agency shall use not less than the applicable per18 centage (described in subsection (b)) of funds received 

19 under this Act for public school modernization, renovation, 

20 repairs, or construction that are certified, verified, or con21 sistent with any applicable provisions of— 

22 (1) the LEED Green Building Rating System; 

23 (2) Energy Star; 

24 (3) the CHPS Criteria; 

25 (4) Green Globes; or 


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1 (5) an equivalent program adopted by the State 

2 or another jurisdiction with authority over the local 

3 educational agency, which shall include a verifiable 

4 method to demonstrate compliance with such pro5 gram. 

6 (b) APPLICABLE PERCENTAGES.—The applicable 

7 percentage described in subsection (a) is— 

8 (1) in fiscal year 2012, 50 percent; 

9 (2) in fiscal year 2013, 60 percent; 

10 (3) in fiscal year 2014, 70 percent; 

11 (4) in fiscal year 2015, 80 percent; 

12 (5) in fiscal year 2016, 90 percent; and 

13 (6) in fiscal year 2017, 100 percent. 

14 (c) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to prohibit a local educational 

16 agency from using sustainable, domestic hardwood lumber 

17 as ascertained through the forest inventory and analysis 

18 program of the Forest Service of the Department of Agri19 culture under the Forest and Rangeland Renewable Re20 sources Research Act of 1978 (16 U.S.C. 1641 et seq.) 

21 for public school modernization, renovation, repairs, or 

22 construction. 

23 (d) TECHNICAL ASSISTANCE.—The Secretary, in 

24 consultation with the Secretary of Energy and the Admin25 istrator of the Environmental Protection Agency, shall 


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1 provide outreach and technical assistance to States and 

2 local educational agencies concerning the best practices in 

3 school modernization, renovation, repair, and construc4 tion, including those related to student academic achieve5 ment, student and staff health, energy efficiency, and envi6 ronmental protection. 

7 SEC. 210. REPORTING. 

8 (a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 

9 Local educational agencies receiving a grant under this 

10 Act shall annually compile a report describing the projects 

11 for which such funds were used, including— 

12 (1) the number of public schools in the agency, 

13 including the number of charter schools, and for 

14 each, in the aggregate, the number of students from 

15 low-income families; 

16 (2) the total amount of funds received by the 

17 local educational agency under this Act and the 

18 amount of such funds expended, including the 

19 amount expended for modernization, renovation, re20 pair, or construction of charter schools; 

21 (3) the number of public schools in the agency 

22 with a metro-centric locale code of 41, 42, or 43 as 

23 determined by the National Center for Education 

24 Statistics and the percentage of funds received by 


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1 the agency under title I or title II of this Act that 

2 were used for projects at such schools; 

3 (4) the number of public schools in the agency 

4 that are eligible for schoolwide programs under sec5 tion 1114 of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 6314) and the per7 centage of funds received by the agency under title 

8 I or title II of this Act that were used for projects 

9 at such schools; 

10 (5) for each project— 

11 (A) the cost; 

12 (B) the standard described in section 

13 209(a) with which the use of the funds com14 plied or, if the use of funds did not comply with 

15 a standard described in section 209(a), the rea16 son such funds were not able to be used in com17 pliance with such standards and the agency’s 

18 efforts to use such funds in an environmentally 

19 sound manner; 

20 (C) if flooring was installed, whether— 

21 (i) it was low- or no-VOC (Volatile 

22 Organic Compounds) flooring; 

23 (ii) it was made from sustainable and 

24 renewable materials; and 


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1 (iii) use of flooring described in clause 

2 (i) or (ii) was cost-effective; and 

3 (D) any demonstrable or expected benefits 

4 as a result of the project (such as energy sav5 ings, improved indoor environmental quality, 

6 student and staff health (including with ref7 erence to reducing the incidence and effects of 

8 asthma and other respiratory illnesses), im9 proved climate for teaching and learning, etc.); 

10 and 

11 (6) the total number and amount of contracts 

12 awarded, and the number and amount of contracts 

13 awarded to local, small, minority, women, and vet14 eran-owned businesses. 

15 (b) AVAILABILITY OF REPORTS.—A local educational 

16 agency shall— 

17 (1) submit the report described in subsection 

18 (a) to the State educational agency, which shall com19 pile such information and report it annually to the 

20 Secretary; and 

21 (2) make the report described in subsection (a) 

22 publicly available, including on the agency’s website. 

23 (c) REPORTS BY SECRETARY.—Not later than De24 cember 31 of each fiscal year, the Secretary shall submit 

25 to the Committee on Education and Labor of the House 


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1 of Representatives and the Committee on Health, Edu2 cation, Labor, and Pensions of the Senate, and make 

3 available on the Department of Education’s website, a re4 port on grants made under this Act, including the infor5 mation described in subsection (b)(1), the types of mod6 ernization, renovation, repair, and construction funded, 

7 and the number of students impacted, including the num8 ber of students counted under section 1113(a)(5) of the 

9 Elementary and Secondary Education Act of 1965 (20 

10 U.S.C. 6313(a)(5)). 

11 SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) TITLE I.—To carry out title I, there are author13 ized to be appropriated $6,400,000,000 for fiscal year 

14 2012 and such sums as may be necessary for each of fiscal 

15 years 2013 through 2017. 

16 (b) TITLE II.—To carry out title II, there are author17 ized to be appropriated $100,000,000 for each of fiscal 

18 years 2012 through 2017. 

19 (c) PROHIBITION ON EARMARKS.—None of the funds 

20 appropriated under this section may be used for a Con21 gressional earmark as defined in clause 9(d) of rule XXI 

22 of the Rules of the House of Representatives. 

23 SEC. 212. SPECIAL RULES. 

24 Notwithstanding any other provision of this Act, none 

25 of the funds authorized by this Act may be— 


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1 (1) used to employ workers in violation of sec2 tion 274A of the Immigration and Nationality Act 

3 (8 U.S.C. 1324a); or 

4 (2) distributed to a local educational agency 

5 that does not have a policy that requires a criminal 

6 background check on all employees of the agency. 

7 SEC. 213. YOUTHBUILD PROGRAMS. 

8 The Secretary of Education, in consultation with the 

9 Secretary of Labor, shall work with recipients of funds 

10 under this Act to promote appropriate opportunities for 

11 participants in a YouthBuild program (as defined in sec12 tion 173A of the Workforce Investment Act of 1998 (29 

13 U.S.C. 2918a)) to gain employment experience on mod14 ernization, renovation, repair, and construction projects 

15 funded under this Act. 

16 SEC. 214. EVALUATION. 

17 (a) EVALUATION.— 

18 (1) IN GENERAL.—The Secretary shall enter 

19 into an agreement with the Institute of Educational 

20 Sciences of the Department of Education to evaluate 

21 the impact of projects funded under this Act on stu22 dent academic achievement, including a comparison 

23 of students attending public schools receiving fund24 ing under this Act with students attending public 

25 schools that are not receiving such funding. 


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1 (2) RESEARCH DESIGN; DISSEMINATION.—The 

2 Secretary, through a grant, contract, or cooperative 

3 agreement, shall— 

4 (A) ensure that the evaluation described in 

5 paragraph (1) is conducted using the strongest 

6 possible research design for determining the ef7 fectiveness of the projects funded under this 

8 Act; and 

9 (B) disseminate information on the impact 

10 of the projects in increasing the academic 

11 achievement of students. 

12 (b) REPORT.—Not later than 1 year after the final 

13 year for which a grant is made under this Act, the Sec14 retary shall submit to the Committee on Appropriations, 

15 and the Committee on Education and Labor, of the House 

16 of Representatives, and the Committee on Appropriations, 

17 and the Committee on Health, Education, Labor, and 

18 Pensions, of the Senate, a report on the results of the eval19 uation described in subsection (a). 

20 (c) PUBLIC AVAILABILITY.—Following the submis21 sion of the report under subsection (b), all reports and 

22 underlying data gathered pursuant to this section shall be 

23 made available, in a timely manner, to the public upon 

24 request. 


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1 (d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to permit the disclosure of any per3 sonally identifiable information regarding a student, ex4 cept to the parents of the student. 

5 (e) LIMIT ON AMOUNT EXPENDED.—The amount ex6 pended by the Secretary to carry out this section for a 

7 fiscal year shall not exceed 0.5 percent of the total amount 

8 appropriated to carry out this Act for such fiscal year. 

9 SEC. 215. ADVISORY COUNCIL ON GREEN, HIGH-PER10 FORMING SCHOOLS. 

11 (a) ESTABLISHMENT OF ADVISORY COUNCIL.—The 

12 Secretary shall establish an advisory council to be known 

13 as the ‘‘Advisory Council on Green, High-Performing 

14 Schools’’ (in this section referred to as the ‘‘Advisory 

15 Council’’) which shall be composed of— 

16 (1) appropriate officials from the Department 

17 of Education; 

18 (2) representatives of the academic, architec19 tural, business, education, engineering, environ20 mental, labor and scientific communities; and 

21 (3) such other representatives as the Secretary 

22 deems appropriate. 

23 (b) DUTIES OF ADVISORY COUNCIL.— 


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1 (1) ADVISORY DUTIES.—The Advisory Council 

2 shall advise the Secretary on the impact of green, 

3 high-performing schools, on— 

4 (A) teaching and learning; 

5 (B) health; 

6 (C) energy costs; 

7 (D) environmental impact; and 

8 (E) other areas that the Secretary and the 

9 Advisory Council deem appropriate. 

10 (2) OTHER DUTIES.—The Advisory Council 

11 shall assist the Secretary in— 

12 (A) making recommendations on Federal 

13 policies to increase the number of green, high14 performing schools; 

15 (B) identifying Federal policies that are 

16 barriers to helping States and local educational 

17 agencies make schools green and high-per18 forming; 

19 (C) providing technical assistance and out20 reach to States and local educational agencies 

21 under section 209(c); and 

22 (D) providing the Secretary such other as23 sistance as the Secretary deems appropriate. 

24 (c) CONSULTATION.—In carrying out its duties under 

25 subsection (b), the Advisory Council shall consult with the 


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1 Chair of the Council on Environmental Quality and the 

2 heads of appropriate Federal agencies, including the Sec3 retary of Commerce, the Secretary of Energy, the Sec4 retary of Health and Human Services, the Secretary of 

5 Labor, the Administrator of the Environmental Protection 

6 Agency, and the Administrator of the General Services 

7 Administration (through the Office of Federal High-Per8 formance Green Buildings). 

9 SEC. 216. JOB CORPS. 

10 The Secretary of Education, in consultation with the 

11 Secretary of Labor, shall work with recipients of funds 

12 under this Act to promote appropriate opportunities for 

13 individuals enrolled in the Job Corps program carried out 

14 under subtitle C of title I of the Workforce Investment 

15 Act of 1998 (29 U.S.C. 2881 et seq.) to gain employment 

16 experience on modernization, renovation, repair, and con17 struction projects funded under this Act. 

18 SEC. 217. JUNIOR AND COMMUNITY COLLEGE STUDENTS. 

19 The Secretary of Education, in consultation with the 

20 Secretary of Labor, shall work with recipients of funds 

21 under this Act to promote appropriate opportunities for 

22 individuals enrolled in a junior or community college (as 

23 defined in section 312(f) of the Higher Education Act of 

24 1965 (20 U.S.C. 1088(f))) certificate or degree program 

25 relating to projects described in section 209(a) to gain emVerDate Mar 15 2010 22:13 Nov 21, 2011 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H3490.IH H3490

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1 ployment experience working on such projects funded 

2 under this Act. 

3 SEC. 218. GAO STUDY. 

4 Not later than 1 year after the date of the enactment 

5 of this Act, the Comptroller General of the United States 

6 shall conduct a study to determine, and report to the Con7 gress on, the extent and types of projects in keeping with 

8 the uses of funds authorized under this Act being under9 taken in schools around the United States, the geographic 

10 distribution of green, high-performing schools in the 

11 United States, including by urban, suburban, and rural 

12 areas, and the relative access to such schools of the demo13 graphic groups described in section 1111(b)(2)(C)(v) of 

14 the Elementary and Secondary Education Act of 1965 (20 

15 U.S.C 6311(b)(2)(C)(v)). 

16 SEC. 219. EDUCATION REGARDING PROJECTS. 

17 A local educational agency receiving funds under this 

18 Act may encourage schools at which projects are under19 taken with such funds to educate students about the 

20 project, including, as appropriate, the functioning of the 

21 project and its environmental, energy, sustainability, and 

22 other benefits. 

Æ 


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