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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2187 Reported in House (RH)]

                                                  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, renovation, or repair of 
           public school facilities, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``21st Century Green 
High-Performing Public School Facilities Act''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Bureau-funded school'' has the meaning given 
        to such term in section 1141 of the Education Amendments of 
        1978 (25 U.S.C. 2021).
            (2) The term ``charter school'' has the meaning given such 
        term in section 5210 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7221).
            (3) The term ``CHPS Criteria'' means the green building 
        rating program developed by the Collaborative for High 
        Performance Schools.
            (4) The term ``Energy Star'' means the Energy Star program 
        of the United States Department of Energy and the United States 
        Environmental Protection Agency.
            (5) The term ``Green Globes'' means the Green Building 
        Initiative environmental design and rating system referred to 
        as Green Globes.
            (6) The term ``LEED Green Building Rating System'' means 
        the United States Green Building Council Leadership in Energy 
        and Environmental Design green building rating standard 
        referred to as LEED Green Building Rating System.
            (7) The term ``local educational agency''--
                    (A) has the meaning given to that term in section 
                9101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 7801), and shall also include the 
                Recovery School District of Louisiana and the New 
                Orleans Public Schools; and
                    (B) includes any public charter school that 
                constitutes a local educational agency under State law.
            (8) The term ``outlying area''--
                    (A) means the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands; and
                    (B) includes the freely associated states of the 
                Republic of the Marshall Islands, the Federated States 
                of Micronesia, and the Republic of Palau.
            (9) The term ``public school facilities'' means an existing 
        public school facility, including a public charter school 
        facility, or another existing facility planned for adaptive 
        reuse as such a school facility.
            (10) The term ``State'' means each of the 50 States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.

  TITLE I--GRANTS FOR MODERNIZATION, RENOVATION, OR REPAIR OF PUBLIC 
                           SCHOOL FACILITIES

SEC. 101. PURPOSE.

    Grants under this title shall be for the purpose of modernizing, 
renovating, or repairing public school facilities, based on their need 
for such improvements, to be safe, healthy, high-performing, and up-to-
date technologically.

SEC. 102. ALLOCATION OF FUNDS.

    (a) Reservation.--
            (1) In general.--From the amount appropriated to carry out 
        this title for each fiscal year pursuant to section 311(a), the 
        Secretary shall reserve 1 percent of such amount, consistent 
        with the purpose described in section 101--
                    (A) to provide assistance to the outlying areas; 
                and
                    (B) for payments to the Secretary of the Interior 
                to provide assistance to Bureau-funded schools.
            (2) Use of reserved funds.--In each fiscal year, the amount 
        reserved under paragraph (1) shall be divided between the uses 
        described in subparagraphs (A) and (B) of such paragraph in the 
        same proportion as the amount reserved under section 1121(a) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6331(a)) is divided between the uses described in paragraphs 
        (1) and (2) of such section 1121(a) in such fiscal year.
    (b) Allocation to States.--
            (1) State-by-state allocation.--Of the amount appropriated 
        to carry out this title for each fiscal year pursuant to 
        section 311(a), and not reserved under subsection (a), each 
        State shall be allocated an amount in proportion to the amount 
        received by all local educational agencies in the State under 
        part A of title I of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year 
        relative to the total amount received by all local educational 
        agencies in every State under such part for such fiscal year.
            (2) State administration.--A State may reserve up to 1 
        percent of its allocation under paragraph (1) to carry out its 
        responsibilities under this title, which include--
                    (A) providing technical assistance to local 
                educational agencies;
                    (B) developing an online, publicly searchable 
                database that includes an inventory of public school 
                facilities in the State, including for each, its 
                design, condition, modernization, renovation and repair 
                needs, usage, utilization, energy use, and carbon 
                footprint; and
                    (C) creating voluntary guidelines for high-
                performing school buildings, including guidelines 
                concerning the following:
                            (i) Site location, storm water management, 
                        outdoor surfaces, outdoor lighting, and 
                        transportation (location near public transit 
                        and easy access for pedestrians and bicycles).
                            (ii) Outdoor water systems, landscaping to 
                        minimize water use, including elimination of 
                        irrigation systems for landscaping, and indoor 
                        water use reduction.
                            (iii) Energy efficiency (including minimum 
                        and superior standards, such as for heating, 
                        ventilation, and air conditioning systems), use 
                        of alternative energy sources, commissioning, 
                        and training.
                            (iv) Use of durable, sustainable materials 
                        and waste reduction.
                            (v) Indoor environmental quality, such as 
                        day lighting in classrooms, lighting quality, 
                        indoor air quality, acoustics, and thermal 
                        comfort.
                            (vi) Operations and management, such as use 
                        of energy efficient equipment, indoor 
                        environmental management plan, maintenance 
                        plan, and pest management.
            (3) Grants to local educational agencies.--
                    (A) In general.--From the amount allocated to a 
                State under paragraph (1), each eligible local 
                educational agency in the State shall receive an amount 
                in proportion to the amount received by such local 
                educational agency under part A of title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311 et seq.) for the previous fiscal year 
                relative to the total amount received by all local 
                educational agencies in the State under such part for 
                such fiscal year, except that no local educational 
                agency that received funds under title I of that Act 
                for such fiscal year shall receive a grant of less than 
                $5,000 in any fiscal year under this title.
                    (B) Eligible local educational agency.--For 
                purposes of subparagraph (A), the term ``eligible local 
                educational agency'' means a local educational agency 
                that--
                            (i) meets the requirements of section 
                        1112(a) of the Elementary and Secondary 
                        Education Act of 1965 (20 U.S.C. 6311 et seq.); 
                        and
                            (ii) conducts an independent audit by a 
                        third-party entity, and is certified by the 
                        State, substantiating the overall condition of 
                        the public school facilities and the need for 
                        modernization, renovation, or repair.
            (4) Special rule.--Section 1122(c)(3) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6332(c)(3)) shall 
        not apply to paragraph (1) or (3).
    (c) Special Rules.--
            (1) Distributions by secretary.--The Secretary shall make 
        and distribute the reservations and allocations described in 
        subsections (a) and (b) not later than 30 days after an 
        appropriation of funds for this title is made.
            (2) Distributions by states.--A State shall make and 
        distribute the allocations described in subsection (b)(3) 
        within 30 days of receiving such funds from the Secretary.

SEC. 103. ALLOWABLE USES OF FUNDS.

    A local educational agency receiving a grant under this title shall 
use the grant for modernization, renovation, or repair of public school 
facilities, including, where applicable, early learning facilities--
            (1) repairing, replacing, or installing roofs, including 
        extensive, intensive or semi-intensive green roofs, electrical 
        wiring, plumbing systems, sewage systems, storm water runoff 
        systems, lighting systems, or components of such systems, 
        windows, ceilings, flooring, or doors, including security 
        doors;
            (2) repairing, replacing, or installing heating, 
        ventilation, air conditioning systems, or components of such 
        systems (including insulation), including indoor air quality 
        assessments;
            (3) bringing public schools into compliance with fire, 
        health, seismic, and safety codes, including professional 
        installation of fire/life safety alarms, including 
        modernizations, renovations, and repairs that ensure that 
        schools are prepared for emergencies, such as improving 
        building infrastructure to accommodate security measures;
            (4) modifications necessary to make public school 
        facilities accessible to comply with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
            (5) abatement, removal, or interim controls of asbestos, 
        polychlorinated biphenyls, mold, mildew, or lead-based hazards, 
        including lead-based paint hazards;
            (6) measures designed to reduce or eliminate human exposure 
        to classroom noise and environmental noise pollution;
            (7) modernizations, renovations, or repairs necessary to 
        reduce the consumption of coal, electricity, land, natural gas, 
        oil, or water;
            (8) upgrading or installing educational technology 
        infrastructure to ensure that students have access to up-to-
        date educational technology;
            (9) modernization, renovation, or repair of science and 
        engineering laboratory facilities, libraries, and career and 
        technical education facilities, including those related to 
        energy efficiency and renewable energy, and improvements to 
        building infrastructure to accommodate bicycle and pedestrian 
        access;
            (10) renewable energy generation and heating systems, 
        including solar, photovoltaic, wind, geothermal, or biomass, 
        including wood pellet, woody biomass, waste-to-energy, and 
        solar-thermal systems or components of such systems, and energy 
        audits;
            (11) other modernization, renovation, or repair of public 
        school facilities to--
                    (A) improve teachers' ability to teach and 
                students' ability to learn;
                    (B) ensure the health and safety of students and 
                staff;
                    (C) make them more energy efficient; or
                    (D) reduce class size; and
            (12) required environmental remediation related to public 
        school modernization, renovation, or repair described in 
        paragraphs (1) through (11).

 TITLE II--SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, AND ALABAMA

SEC. 201. PURPOSE.

    Grants under this title shall be for the purpose of modernizing, 
renovating, repairing, or constructing public school facilities, 
including, where applicable, early learning facilities, based on their 
need for such improvements, to be safe, healthy, high-performing, and 
up-to-date technologically.

SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

    (a) In General.--Of the amount appropriated to carry out this title 
for each fiscal year pursuant to section 311(b), the Secretary shall 
allocate to local educational agencies in Louisiana, Mississippi, and 
Alabama an amount equal to the infrastructure damage inflicted on 
public school facilities in each such district by Hurricane Katrina or 
Hurricane Rita in 2005 relative to the total of such infrastructure 
damage so inflicted in all such districts, combined.
    (b) Distribution by Secretary.--The Secretary shall determine and 
distribute the allocations described in subsection (a) not later than 
60 days after an appropriation of funds for this title is made.

SEC. 203. ALLOWABLE USES OF FUNDS.

    A local educational agency receiving a grant under this title shall 
use the grant for one or more of the activities described in section 
103, except that an agency receiving a grant under this title also may 
use the grant for the construction of new public school facilities.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. IMPERMISSIBLE USES OF FUNDS.

    No funds received under this Act may be used for--
            (1) payment of maintenance costs;
            (2) stadiums or other facilities primarily used for 
        athletic contests or exhibitions or other events for which 
        admission is charged to the general public;
            (3) improvement or construction of facilities the purpose 
        of which is not the education of children, including central 
        office administration or operations or logistical support 
        facilities; or
            (4) purchasing carbon offsets.

SEC. 302. SUPPLEMENT, NOT SUPPLANT.

    A local educational agency receiving a grant under this Act shall 
use such Federal funds only to supplement and not supplant the amount 
of funds that would, in the absence of such Federal funds, be available 
for modernization, renovation, repair, and construction of public 
school facilities.

SEC. 303. PROHIBITION REGARDING STATE AID.

    A State shall not take into consideration payments under this Act 
in determining the eligibility of any local educational agency in that 
State for State aid, or the amount of State aid, with respect to free 
public education of children.

SEC. 304. MAINTENANCE OF EFFORT.

    (a) In General.--A local educational agency may receive a grant 
under this Act for any fiscal year only if either the combined fiscal 
effort per student or the aggregate expenditures of the agency and the 
State involved with respect to the provision of free public education 
by the agency for the preceding fiscal year was not less than 90 
percent of the combined fiscal effort or aggregate expenditures for the 
second preceding fiscal year.
    (b) Reduction in Case of Failure To Meet Maintenance of Effort 
Requirement.--
            (1) In general.--The State educational agency shall reduce 
        the amount of a local educational agency's grant in any fiscal 
        year in the exact proportion by which a local educational 
        agency fails to meet the requirement of subsection (a) by 
        falling below 90 percent of both the combined fiscal effort per 
        student and aggregate expenditures (using the measure most 
        favorable to the local agency).
            (2) Special rule.--No such lesser amount shall be used for 
        computing the effort required under subsection (a) for 
        subsequent years.
    (c) Waiver.--The Secretary shall waive the requirements of this 
section if the Secretary determines that a waiver would be equitable 
due to--
            (1) exceptional or uncontrollable circumstances, such as a 
        natural disaster; or
            (2) a precipitous decline in the financial resources of the 
        local educational agency.

SEC. 305. SPECIAL RULE ON CONTRACTING.

    Each local educational agency receiving a grant under this Act 
shall ensure that, if the agency carries out modernization, renovation, 
repair, or construction through a contract, the process for any such 
contract ensures the maximum number of qualified bidders, including 
local, small, minority, and women- and veteran-owned businesses, 
through full and open competition.

SEC. 306. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.

    (a) In General.--None of the funds appropriated or otherwise made 
available by this Act may be used for a project for the modernization, 
renovation, repair or construction of a public school facility unless 
all of the iron, steel, and manufactured goods used in the project are 
produced in the United States.
    (b) Exceptions.--Subsection (a) shall not apply in any case or 
category of cases in which the Secretary finds that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron, steel, and the relevant manufactured goods are 
        not produced in the United States in sufficient and reasonably 
        available quantities and of a satisfactory quality; or
            (3) inclusion of iron, steel, and manufactured goods 
        produced in the United States will increase the cost of the 
        overall project by more than 25 percent.
    (c) Publication of Justification.--If the Secretary determines that 
it is necessary to waive the application of subsection (a) based on a 
finding under subsection (b), the Secretary shall publish in the 
Federal Register a detailed written justification of the determination.
    (d) Construction.--This section shall be applied in a manner 
consistent with United States obligations under international 
agreements.

SEC. 307. LABOR STANDARDS.

    The grant programs under this Act are applicable programs (as that 
term is defined in section 400 of the General Education Provisions Act 
(20 U.S.C. 1221)) subject to section 439 of such Act (20 U.S.C. 1232b).

SEC. 308. CHARTER SCHOOLS.

    A local educational agency receiving an allocation under this Act 
shall distribute an amount of that allocation to charter schools within 
its jurisdiction. The total amount to be distributed under the 
preceding sentence shall be determined based on the percentage of 
students eligible under part A of title I of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in the schools 
of the agency who are enrolled in charter schools. Of such total, 
individual charter schools shall receive a share based on the needs of 
the schools, as determined by the agency in consultation with the 
charter school community. Funds shall be used only for allowable 
activities in accordance with this Act.

SEC. 309. GREEN SCHOOLS.

    (a) In General.--In a given fiscal year, a local educational agency 
shall use not less than the applicable percentage (described in 
subsection (b)) of funds received under this Act for public school 
modernization, renovation, repairs, or construction that are certified, 
verified, or consistent with any applicable provisions of--
            (1) the LEED Green Building Rating System;
            (2) Energy Star;
            (3) the CHPS Criteria;
            (4) Green Globes; or
            (5) an equivalent program adopted by the State or another 
        jurisdiction with authority over the local educational agency, 
        which shall include a verifiable method to demonstrate 
        compliance with such program.
    (b) Applicable Percentages.--The applicable percentage described in 
subsection (a) is--
            (1) in fiscal year 2010, 50 percent;
            (2) in fiscal year 2011, 60 percent;
            (3) in fiscal year 2012, 70 percent;
            (4) in fiscal year 2013, 80 percent;
            (5) in fiscal year 2014, 90 percent; and
            (6) in fiscal year 2015, 100 percent.
    (c) Technical Assistance.--The Secretary, in consultation with the 
Secretary of Energy and the Administrator of the Environmental 
Protection Agency, shall provide outreach and technical assistance to 
States and local educational agencies concerning the best practices in 
school modernization, renovation, repair, and construction, including 
those related to student academic achievement, student and staff 
health, energy efficiency, and environmental protection.

SEC. 310. REPORTING.

    (a) Reports by Local Educational Agencies.--Local educational 
agencies receiving a grant under this Act shall annually compile a 
report describing the projects for which such funds were used, 
including--
            (1) the number of public schools in the agency, including 
        the number of charter schools, and for each, in the aggregate, 
        the number of students from low-income families;
            (2) the total amount of funds received by the local 
        educational agency under this Act and the amount of such funds 
        expended, including the amount expended for modernization, 
        renovation, repair, or construction of charter schools;
            (3) the number of public schools in the agency with a 
        metro-centric locale code of 41, 42, or 43 as determined by the 
        National Center for Education Statistics and the percentage of 
        funds received by the agency under title I or title II of this 
        Act that were used for projects at such schools;
            (4) the number of public schools in the agency that are 
        eligible for schoolwide programs under section 1114 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) 
        and the percentage of funds received by the agency under title 
        I or title II of this Act that were used for projects at such 
        schools;
            (5) for each project--
                    (A) the cost;
                    (B) the standard described in section 309(a) with 
                which the use of the funds complied or, if the use of 
                funds did not comply with a standard described in 
                section 309(a), the reason such funds were not able to 
                be used in compliance with such standards and the 
                agency's efforts to use such funds in an 
                environmentally sound manner;
                    (C) if flooring was installed, whether--
                            (i) it was low- or no-VOC (Volatile Organic 
                        Compounds) flooring;
                            (ii) it was made from sustainable 
                        materials; and
                            (iii) use of flooring described in clause 
                        (i) or (ii) was cost-effective; and
                    (D) any demonstrable or expected benefits as a 
                result of the project (such as energy savings, improved 
                indoor environmental quality, improved climate for 
                teaching and learning, etc.); and
            (6) the total number and amount of contracts awarded, and 
        the number and amount of contracts awarded to local, small, 
        minority, women, and veteran-owned businesses.
    (b) Availability of Reports.--A local educational agency shall--
            (1) submit the report described in subsection (a) to the 
        State educational agency, which shall compile such information 
        and report it annually to the Secretary; and
            (2) make the report described in subsection (a) publicly 
        available, including on the agency's website.
    (c) Reports by Secretary.--Not later than December 31 of each 
fiscal year, the Secretary shall submit to the Committee on Education 
and Labor of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate, and make available on the 
Department of Education's website, a report on grants made under this 
Act, including the information described in subsection (b)(1), the 
types of modernization, renovation, repair, and construction funded, 
and the number of students impacted, including the number of students 
counted under section 1113(a)(5) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6313(a)(5)).

SEC. 311. AUTHORIZATION OF APPROPRIATIONS.

    (a) Title I.--To carry out title I, there are authorized to be 
appropriated $6,400,000,000 for fiscal year 2010 and such sums as may 
be necessary for each of fiscal years 2011 through 2015.
    (b) Title II.--To carry out title II, there are authorized to be 
appropriated $100,000,000 for each of fiscal years 2010 through 2015.

SEC. 312. SPECIAL RULES.

    Notwithstanding any other provision of this Act, none of the funds 
authorized by this Act may be--
            (1) used to employ workers in violation of section 274A of 
        the Immigration and Nationality Act (8 U.S.C. 1324a); or
            (2) distributed to a local educational agency that does not 
        have a policy that requires a criminal background check on all 
        employees of the agency.

SEC. 313. YOUTHBUILD PROGRAMS.

    The Secretary of Education, in consultation with the Secretary of 
Labor, shall work with recipients of funds under this Act to promote 
appropriate opportunities for participants in a YouthBuild program (as 
defined in section 173A of the Workforce Investment Act of 1998 (29 
U.S.C. 2918a)) to gain employment experience on modernization, 
renovation, repair, and construction projects funded under this Act.
                                                  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 grants to State 
 educational agencies for the modernization, renovation, or repair of 
           public school facilities, and for other purposes.

_______________________________________________________________________

                              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
```