IB 

Union Calendar No. 46 

111TH CONGRESS 

1ST SESSION H. R. 2187 

[Report No. 111–100] 

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 

APRIL 30, 2009 

Mr. CHANDLER (for himself, Mr. GEORGE MILLER of California, Mr. KILDEE, 

Mr. LOEBSACK, Mr. TIERNEY, Mr. COURTNEY, Mr. HARE, Mr. HOLT, 

Mr. ANDREWS, Mr. GRIJALVA, Mr. PIERLUISI, Ms. WOOLSEY, Mr. WU, 

Mr. TONKO, Mr. POLIS of Colorado, Ms. HIRONO, and Mr. SABLAN) introduced the following bill; which was referred to the Committee on Education and Labor 

MAY 11, 2009 

Additional sponsors: Ms. SHEA-PORTER, Mrs. DAVIS of California, Mr. 

CARNAHAN, Mr. DINGELL, Mr. VAN HOLLEN, Mr. SESTAK, Mr. AL

GREEN of Texas, Ms. JACKSON-LEE of Texas, and Mr. CUELLAR

MAY 11, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 30, 2009] 

A BILL 

To direct the Secretary of Education to make grants to 

State educational agencies for the modernization, renovamstockstill on PROD1PC66 with BILLS

2 

•HR 2187 RH

tion, 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 ‘‘21st 

5 Century Green High-Performing Public School Facilities 

6 Act’’. 

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

8 this Act is as follows: 

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. 

TITLE II—SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, 

AND ALABAMA 

Sec. 201. Purpose. 

Sec. 202. Allocation to local educational agencies. 

Sec. 203. Allowable uses of funds. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Impermissible uses of funds. 

Sec. 302. Supplement, not supplant. 

Sec. 303. Prohibition regarding State aid. 

Sec. 304. Maintenance of effort. 

Sec. 305. Special rule on contracting. 

Sec. 306. Use of American iron, steel, and manufactured goods. 

Sec. 307. Labor standards. 

Sec. 308. Charter schools. 

Sec. 309. Green schools. 

Sec. 310. Reporting. 

Sec. 311. Authorization of appropriations. 

Sec. 312. Special rules. 

Sec. 313. YouthBuild programs. 

mstockstill on PROD1PC66 with BILLS

3 

•HR 2187 RH

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). 

10 (3) The term ‘‘CHPS Criteria’’ means the green 

11 building rating program developed by the Collabo12 rative for High Performance Schools. 

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

14 Star program of the United States Department of En15 ergy and the United States Environmental Protection 

16 Agency. 

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

18 Building Initiative environmental design and rating 

19 system referred to as Green Globes. 

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

21 System’’ means the United States Green Building 

22 Council Leadership in Energy and Environmental 

23 Design green building rating standard referred to as 

24 LEED Green Building Rating System. 

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

mstockstill on PROD1PC66 with BILLS

4 

•HR 2187 RH

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

2 section 9101 of the Elementary and Secondary 

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

4 shall also include the Recovery School District of 

5 Louisiana and the New Orleans Public Schools; 

6 and 

7 (B) includes any public charter school that 

8 constitutes a local educational agency under 

9 State law. 

10 (8) The term ‘‘outlying area’’— 

11 (A) means the United States Virgin Islands, 

12 Guam, American Samoa, and the Common13 wealth of the Northern Mariana Islands; and 

14 (B) includes the freely associated states of 

15 the Republic of the Marshall Islands, the Fed16 erated States of Micronesia, and the Republic of 

17 Palau. 

18 (9) The term ‘‘public school facilities’’ means an 

19 existing public school facility, including a public 

20 charter school facility, or another existing facility 

21 planned for adaptive reuse as such a school facility. 

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

23 States, the District of Columbia, and the Common24 wealth of Puerto Rico. 

mstockstill on PROD1PC66 with BILLS

5 

•HR 2187 RH

1 TITLE I—GRANTS FOR MOD2 ERNIZATION, RENOVATION, 

3 OR REPAIR OF PUBLIC 

4 SCHOOL FACILITIES 

5 SEC. 101. PURPOSE. 

6 Grants under this title shall be for the purpose of mod7 ernizing, renovating, or repairing public school facilities, 

8 based on their need for such improvements, to be safe, 

9 healthy, high-performing, and up-to-date technologically. 

10 SEC. 102. ALLOCATION OF FUNDS. 

11 (a) RESERVATION.— 

12 (1) IN GENERAL.—From the amount appro13 priated to carry out this title for each fiscal year pur14 suant to section 311(a), the Secretary shall reserve 1 

15 percent of such amount, consistent with the purpose 

16 described in section 101— 

17 (A) to provide assistance to the outlying 

18 areas; and 

19 (B) for payments to the Secretary of the In20 terior to provide assistance to Bureau-funded 

21 schools. 

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

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

24 be divided between the uses described in subpara25 graphs (A) and (B) of such paragraph in the same 

mstockstill on PROD1PC66 with BILLS

6 

•HR 2187 RH

1 proportion as the amount reserved under section 

2 1121(a) of the Elementary and Secondary Education 

3 Act of 1965 (20 U.S.C. 6331(a)) is divided between 

4 the uses described in paragraphs (1) and (2) of such 

5 section 1121(a) in such fiscal year. 

6 (b) ALLOCATION TO STATES.— 

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

8 amount appropriated to carry out this title for each 

9 fiscal year pursuant to section 311(a), and not re10 served under subsection (a), each State shall be allo11 cated an amount in proportion to the amount re12 ceived by all local educational agencies in the State 

13 under part A of title I of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 6311 et 

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

16 amount received by all local educational agencies in 

17 every State under such part for such fiscal year. 

18 (2) STATE ADMINISTRATION.—A State may re19 serve up to 1 percent of its allocation under para20 graph (1) to carry out its responsibilities under this 

21 title, which include— 

22 (A) providing technical assistance to local 

23 educational agencies; 

24 (B) developing an online, publicly search25 able database that includes an inventory of pubmstockstill on PROD1PC66 with BILLS

7 

•HR 2187 RH

1 lic school facilities in the State, including for 

2 each, its design, condition, modernization, ren3 ovation and repair needs, usage, utilization, en4 ergy use, and carbon footprint; and 

5 (C) creating voluntary guidelines for high6 performing school buildings, including guidelines 

7 concerning the following: 

8 (i) Site location, storm water manage9 ment, outdoor surfaces, outdoor lighting, 

10 and transportation (location near public 

11 transit and easy access for pedestrians and 

12 bicycles). 

13 (ii) Outdoor water systems, land14 scaping to minimize water use, including 

15 elimination of irrigation systems for land16 scaping, and indoor water use reduction. 

17 (iii) Energy efficiency (including min18 imum and superior standards, such as for 

19 heating, ventilation, and air conditioning 

20 systems), use of alternative energy sources, 

21 commissioning, and training. 

22 (iv) Use of durable, sustainable mate23 rials and waste reduction. 

24 (v) Indoor environmental quality, such 

25 as day lighting in classrooms, lighting qualmstockstill on PROD1PC66 with BILLS

8 

•HR 2187 RH

1 ity, indoor air quality, acoustics, and ther2 mal comfort. 

3 (vi) Operations and management, such 

4 as use of energy efficient equipment, indoor 

5 environmental management plan, mainte6 nance plan, and pest management. 

7 (3) GRANTS TO LOCAL EDUCATIONAL AGEN8 CIES.— 

9 (A) IN GENERAL.—From the amount allo10 cated to a State under paragraph (1), each eligi11 ble local educational agency in the State shall re12 ceive an amount in proportion to the amount re13 ceived by such local educational agency under 

14 part A of title I of the Elementary and Sec15 ondary Education Act of 1965 (20 U.S.C. 6311 

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

17 total amount received by all local educational 

18 agencies in the State under such part for such 

19 fiscal year, except that no local educational 

20 agency that received funds under title I of that 

21 Act for such fiscal year shall receive a grant of 

22 less than $5,000 in any fiscal year under this 

23 title. 

24 (B) ELIGIBLE LOCAL EDUCATIONAL AGEN25 CY.—For purposes of subparagraph (A), the term 

mstockstill on PROD1PC66 with BILLS

9 

•HR 2187 RH

1 ‘‘eligible local educational agency’’ means a local 

2 educational agency that— 

3 (i) meets the requirements of section 

4 1112(a) of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 6311 et 

6 seq.); and 

7 (ii) conducts an independent audit by 

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

9 State, substantiating the overall condition 

10 of the public school facilities and the need 

11 for modernization, renovation, or repair. 

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

13 Elementary and Secondary Education Act of 1965 

14 (20 U.S.C. 6332(c)(3)) shall not apply to paragraph 

15 (1) or (3). 

16 (c) SPECIAL RULES.— 

17 (1) DISTRIBUTIONS BY SECRETARY.—The Sec18 retary shall make and distribute the reservations and 

19 allocations described in subsections (a) and (b) not 

20 later than 30 days after an appropriation of funds 

21 for this title is made. 

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

23 make and distribute the allocations described in sub24 section (b)(3) within 30 days of receiving such funds 

25 from the Secretary. 

mstockstill on PROD1PC66 with BILLS

10 

•HR 2187 RH

1 SEC. 103. ALLOWABLE USES OF FUNDS. 

2 A local educational agency receiving a grant under 

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

4 or repair of public school facilities, including, where appli5 cable, early learning facilities— 

6 (1) repairing, replacing, or installing roofs, in7 cluding extensive, intensive or semi-intensive green 

8 roofs, electrical wiring, plumbing systems, sewage sys9 tems, storm water runoff systems, lighting systems, or 

10 components of such systems, windows, ceilings, floor11 ing, or doors, including security doors; 

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

13 ventilation, air conditioning systems, or components 

14 of such systems (including insulation), including in15 door air quality assessments; 

16 (3) bringing public schools into compliance with 

17 fire, health, seismic, and safety codes, including pro18 fessional installation of fire/life safety alarms, includ19 ing modernizations, renovations, and repairs that en20 sure that schools are prepared for emergencies, such as 

21 improving building infrastructure to accommodate se22 curity measures; 

23 (4) modifications necessary to make public school 

24 facilities accessible to comply with the Americans 

25 with Disabilities Act of 1990 (42 U.S.C. 12101 et 

mstockstill on PROD1PC66 with BILLS

11 

•HR 2187 RH

1 seq.) and section 504 of the Rehabilitation Act of 

2 1973 (29 U.S.C. 794); 

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

4 asbestos, polychlorinated biphenyls, mold, mildew, or 

5 lead-based hazards, including lead-based paint haz6 ards; 

7 (6) measures designed to reduce or eliminate 

8 human exposure to classroom noise and environ9 mental noise pollution; 

10 (7) modernizations, renovations, or repairs nec11 essary to reduce the consumption of coal, electricity, 

12 land, natural gas, oil, or water; 

13 (8) upgrading or installing educational tech14 nology infrastructure to ensure that students have ac15 cess to up-to-date educational technology; 

16 (9) modernization, renovation, or repair of 

17 science and engineering laboratory facilities, libraries, 

18 and career and technical education facilities, includ19 ing those related to energy efficiency and renewable 

20 energy, and improvements to building infrastructure 

21 to accommodate bicycle and pedestrian access; 

22 (10) renewable energy generation and heating 

23 systems, including solar, photovoltaic, wind, geo24 thermal, or biomass, including wood pellet, woody 

mstockstill on PROD1PC66 with BILLS

12 

•HR 2187 RH

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

2 or components of such systems, and energy audits; 

3 (11) other modernization, renovation, or repair 

4 of public school facilities to— 

5 (A) improve teachers’ ability to teach and 

6 students’ ability to learn; 

7 (B) ensure the health and safety of students 

8 and staff; 

9 (C) make them more energy efficient; or 

10 (D) reduce class size; and 

11 (12) required environmental remediation related 

12 to public school modernization, renovation, or repair 

13 described in paragraphs (1) through (11). 

14 TITLE II—SUPPLEMENTAL 

15 GRANTS FOR LOUISIANA, MIS16 SISSIPPI, AND ALABAMA 

17 SEC. 201. PURPOSE. 

18 Grants under this title shall be for the purpose of mod19 ernizing, renovating, repairing, or constructing public 

20 school facilities, including, where applicable, early learning 

21 facilities, based on their need for such improvements, to be 

22 safe, healthy, high-performing, and up-to-date techno23 logically. 

mstockstill on PROD1PC66 with BILLS

13 

•HR 2187 RH

1 SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. 

2 (a) IN GENERAL.—Of the amount appropriated to 

3 carry out this title for each fiscal year pursuant to section 

4 311(b), the Secretary shall allocate to local educational 

5 agencies in Louisiana, Mississippi, and Alabama an 

6 amount equal to the infrastructure damage inflicted on 

7 public school facilities in each such district by Hurricane 

8 Katrina or Hurricane Rita in 2005 relative to the total 

9 of such infrastructure damage so inflicted in all such dis10 tricts, combined. 

11 (b) DISTRIBUTION BY SECRETARY.—The Secretary 

12 shall determine and distribute the allocations described in 

13 subsection (a) not later than 60 days after an appropria14 tion of funds for this title is made. 

15 SEC. 203. ALLOWABLE USES OF FUNDS. 

16 A local educational agency receiving a grant under 

17 this title shall use the grant for one or more of the activities 

18 described in section 103, except that an agency receiving 

19 a grant under this title also may use the grant for the con20 struction of new public school facilities. 

21 TITLE III—GENERAL 

22 PROVISIONS 

23 SEC. 301. IMPERMISSIBLE USES OF FUNDS. 

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

25 (1) payment of maintenance costs; 

mstockstill on PROD1PC66 with BILLS

14 

•HR 2187 RH

1 (2) stadiums or other facilities primarily used 

2 for athletic contests or exhibitions or other events for 

3 which admission is charged to the general public; 

4 (3) improvement or construction of facilities the 

5 purpose of which is not the education of children, in6 cluding central office administration or operations or 

7 logistical support facilities; or 

8 (4) purchasing carbon offsets. 

9 SEC. 302. SUPPLEMENT, NOT SUPPLANT. 

10 A local educational agency receiving a grant under 

11 this Act shall use such Federal funds only to supplement 

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

13 absence of such Federal funds, be available for moderniza14 tion, renovation, repair, and construction of public school 

15 facilities. 

16 SEC. 303. PROHIBITION REGARDING STATE AID. 

17 A State shall not take into consideration payments 

18 under this Act in determining the eligibility of any local 

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

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

21 of children. 

22 SEC. 304. MAINTENANCE OF EFFORT. 

23 (a) IN GENERAL.—A local educational agency may re24 ceive a grant under this Act for any fiscal year only if ei25 ther the combined fiscal effort per student or the aggregate 

mstockstill on PROD1PC66 with BILLS

15 

•HR 2187 RH

1 expenditures of the agency and the State involved with re2 spect to the provision of free public education by the agency 

3 for the preceding fiscal year was not less than 90 percent 

4 of the combined fiscal effort or aggregate expenditures for 

5 the second preceding fiscal year. 

6 (b) REDUCTION IN CASE OF FAILURE TO MEET MAIN7 TENANCE OF EFFORT REQUIREMENT.— 

8 (1) IN GENERAL.—The State educational agency 

9 shall reduce the amount of a local educational agen10 cy’s grant in any fiscal year in the exact proportion 

11 by which a local educational agency fails to meet the 

12 requirement of subsection (a) by falling below 90 per13 cent of both the combined fiscal effort per student and 

14 aggregate expenditures (using the measure most favor15 able to the local agency). 

16 (2) SPECIAL RULE.—No such lesser amount shall 

17 be used for computing the effort required under sub18 section (a) for subsequent years. 

19 (c) WAIVER.—The Secretary shall waive the require20 ments of this section if the Secretary determines that a 

21 waiver would be equitable due to— 

22 (1) exceptional or uncontrollable circumstances, 

23 such as a natural disaster; or 

24 (2) a precipitous decline in the financial re25 sources of the local educational agency. 

mstockstill on PROD1PC66 with BILLS

16 

•HR 2187 RH

1 SEC. 305. SPECIAL RULE ON CONTRACTING. 

2 Each local educational agency receiving a grant under 

3 this Act shall ensure that, if the agency carries out mod4 ernization, renovation, repair, or construction through a 

5 contract, the process for any such contract ensures the max6 imum number of qualified bidders, including local, small, 

7 minority, and women- and veteran-owned businesses, 

8 through full and open competition. 

9 SEC. 306. USE OF AMERICAN IRON, STEEL, AND MANUFAC10 TURED GOODS. 

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

12 otherwise made available by this Act may be used for a 

13 project for the modernization, renovation, repair or con14 struction of a public school facility unless all of the iron, 

15 steel, and manufactured goods used in the project are pro16 duced in the United States. 

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

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

19 that— 

20 (1) applying subsection (a) would be inconsistent 

21 with the public interest; 

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

23 goods are not produced in the United States in suffi24 cient and reasonably available quantities and of a 

25 satisfactory quality; or 

mstockstill on PROD1PC66 with BILLS

17 

•HR 2187 RH

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

2 goods produced in the United States will increase the 

3 cost of the overall project by more than 25 percent. 

4 (c) PUBLICATION OF JUSTIFICATION.—If the Secretary 

5 determines that it is necessary to waive the application of 

6 subsection (a) based on a finding under subsection (b), the 

7 Secretary shall publish in the Federal Register a detailed 

8 written justification of the determination. 

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

10 a manner consistent with United States obligations under 

11 international agreements. 

12 SEC. 307. LABOR STANDARDS. 

13 The grant programs under this Act are applicable pro14 grams (as that term is defined in section 400 of the General 

15 Education Provisions Act (20 U.S.C. 1221)) subject to sec16 tion 439 of such Act (20 U.S.C. 1232b). 

17 SEC. 308. CHARTER SCHOOLS. 

18 A local educational agency receiving an allocation 

19 under this Act shall distribute an amount of that allocation 

20 to charter schools within its jurisdiction. The total amount 

21 to be distributed under the preceding sentence shall be deter22 mined based on the percentage of students eligible under 

23 part A of title I of the Elementary and Secondary Edu24 cation Act of 1965 (20 U.S.C. 6311 et seq.) in the schools 

25 of the agency who are enrolled in charter schools. Of such 

mstockstill on PROD1PC66 with BILLS

18 

•HR 2187 RH

1 total, individual charter schools shall receive a share based 

2 on the needs of the schools, as determined by the agency 

3 in consultation with the charter school community. Funds 

4 shall be used only for allowable activities in accordance 

5 with this Act. 

6 SEC. 309. GREEN SCHOOLS. 

7 (a) IN GENERAL.—In a given fiscal year, a local edu8 cational agency shall use not less than the applicable per9 centage (described in subsection (b)) of funds received under 

10 this Act for public school modernization, renovation, re11 pairs, or construction that are certified, verified, or con12 sistent with any applicable provisions of— 

13 (1) the LEED Green Building Rating System; 

14 (2) Energy Star; 

15 (3) the CHPS Criteria; 

16 (4) Green Globes; or 

17 (5) an equivalent program adopted by the State 

18 or another jurisdiction with authority over the local 

19 educational agency, which shall include a verifiable 

20 method to demonstrate compliance with such pro21 gram. 

22 (b) APPLICABLE PERCENTAGES.—The applicable per23 centage described in subsection (a) is— 

24 (1) in fiscal year 2010, 50 percent; 

25 (2) in fiscal year 2011, 60 percent; 

mstockstill on PROD1PC66 with BILLS

19 

•HR 2187 RH

1 (3) in fiscal year 2012, 70 percent; 

2 (4) in fiscal year 2013, 80 percent; 

3 (5) in fiscal year 2014, 90 percent; and 

4 (6) in fiscal year 2015, 100 percent. 

5 (c) TECHNICAL ASSISTANCE.—The Secretary, in con6 sultation with the Secretary of Energy and the Adminis7 trator of the Environmental Protection Agency, shall pro8 vide outreach and technical assistance to States and local 

9 educational agencies concerning the best practices in school 

10 modernization, renovation, repair, and construction, in11 cluding those related to student academic achievement, stu12 dent and staff health, energy efficiency, and environmental 

13 protection. 

14 SEC. 310. REPORTING. 

15 (a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 

16 Local educational agencies receiving a grant under this Act 

17 shall annually compile a report describing the projects for 

18 which such funds were used, including— 

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

20 including the number of charter schools, and for each, 

21 in the aggregate, the number of students from low-in22 come families; 

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

24 local educational agency under this Act and the 

25 amount of such funds expended, including the amount 

mstockstill on PROD1PC66 with BILLS

20 

•HR 2187 RH

1 expended for modernization, renovation, repair, or 

2 construction of charter schools; 

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

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

5 determined by the National Center for Education Sta6 tistics and the percentage of funds received by the 

7 agency under title I or title II of this Act that were 

8 used for projects at such schools; 

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

10 that are eligible for schoolwide programs under sec11 tion 1114 of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 6314) and the percent13 age of funds received by the agency under title I or 

14 title II of this Act that were used for projects at such 

15 schools; 

16 (5) for each project— 

17 (A) the cost; 

18 (B) the standard described in section 309(a) 

19 with which the use of the funds complied or, if 

20 the use of funds did not comply with a standard 

21 described in section 309(a), the reason such 

22 funds were not able to be used in compliance 

23 with such standards and the agency’s efforts to 

24 use such funds in an environmentally sound 

25 manner; 

mstockstill on PROD1PC66 with BILLS

21 

•HR 2187 RH

1 (C) if flooring was installed, whether— 

2 (i) it was low- or no-VOC (Volatile Or3 ganic Compounds) flooring; 

4 (ii) it was made from sustainable ma5 terials; and 

6 (iii) use of flooring described in clause 

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

8 (D) any demonstrable or expected benefits 

9 as a result of the project (such as energy savings, 

10 improved indoor environmental quality, im11 proved climate for teaching and learning, etc.); 

12 and 

13 (6) the total number and amount of contracts 

14 awarded, and the number and amount of contracts 

15 awarded to local, small, minority, women, and vet16 eran-owned businesses. 

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

18 agency shall— 

19 (1) submit the report described in subsection (a) 

20 to the State educational agency, which shall compile 

21 such information and report it annually to the Sec22 retary; and 

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

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

mstockstill on PROD1PC66 with BILLS

22 

•HR 2187 RH

1 (c) REPORTS BY SECRETARY.—Not later than Decem2 ber 31 of each fiscal year, the Secretary shall submit to the 

3 Committee on Education and Labor of the House of Rep4 resentatives and the Committee on Health, Education, 

5 Labor, and Pensions of the Senate, and make available on 

6 the Department of Education’s website, a report on grants 

7 made under this Act, including the information described 

8 in subsection (b)(1), the types of modernization, renovation, 

9 repair, and construction funded, and the number of stu10 dents impacted, including the number of students counted 

11 under section 1113(a)(5) of the Elementary and Secondary 

12 Education Act of 1965 (20 U.S.C. 6313(a)(5)). 

13 SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) TITLE I.—To carry out title I, there are authorized 

15 to be appropriated $6,400,000,000 for fiscal year 2010 and 

16 such sums as may be necessary for each of fiscal years 2011 

17 through 2015. 

18 (b) TITLE II.—To carry out title II, there are author19 ized to be appropriated $100,000,000 for each of fiscal years 

20 2010 through 2015. 

21 SEC. 312. SPECIAL RULES. 

22 Notwithstanding any other provision of this Act, none 

23 of the funds authorized by this Act may be— 

mstockstill on PROD1PC66 with BILLS

23 

•HR 2187 RH

1 (1) used to employ workers in violation of sec2 tion 274A of the Immigration and Nationality Act (8 

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

4 (2) distributed to a local educational agency that 

5 does not have a policy that requires a criminal back6 ground check on all employees of the agency. 

7 SEC. 313. 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. 

mstockstill on PROD1PC66 with BILLS

Union Calendar No. 46 

111TH CONGRESS 

1ST SESSION H. R. 2187 

[Report No. 111–100] 

A BILL 

To direct the Secretary of Education to make 

facilities, and for other purposes. ernization, renovation, or repair of public school grants to State educational agencies for the modMAY 11, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

mstockstill on PROD1PC66 with BILLS