I 

111TH CONGRESS 

1ST SESSION H. R. 2187 

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 

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’’. 


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

2 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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

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

6 meaning given to such term in section 1141 of the 

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

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

9 given such term in section 5210 of the Elementary 

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

11 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 311(a), the Secretary shall re8 serve 1 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 (b) ALLOCATION TO STATES.— 


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

2 amount appropriated to carry out this title for each 

3 fiscal year pursuant to section 311(a), and not re4 served under subsection (a), each State shall be allo5 cated an amount in proportion to the amount re6 ceived by all local educational agencies in the State 

7 under part A of title I of the Elementary and Sec8 ondary Education Act of 1965 (20 U.S.C. 6311 et 

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

10 amount received by all local educational agencies in 

11 every State under such part for such fiscal year. 

12 (2) STATE ADMINISTRATION.—A State may re13 serve up to 1 percent of its allocation under para14 graph (1) to carry out its responsibilities under this 

15 title, which include— 

16 (A) providing technical assistance to local 

17 educational agencies; 

18 (B) developing a database that includes an 

19 inventory of public school facilities in the State, 

20 including for each, its design, condition, mod21 ernization, renovation and repair needs, usage, 

22 utilization, energy use, and carbon footprint; 

23 and 

24 (C) developing a school energy efficiency 

25 quality plan. 


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1 (3) GRANTS TO LOCAL EDUCATIONAL AGEN2 CIES.—From the amount allocated to a State under 

3 paragraph (1), each local educational agency in the 

4 State that meets the requirements of section 

5 1112(a) of the Elementary and Secondary Edu6 cation Act of 1965 (20 U.S.C. 6312(a)) shall receive 

7 an amount in proportion to the amount received by 

8 such local educational agency under part A of title 

9 I of that Act (20 U.S.C. 6311 et seq.) for the pre10 vious fiscal year relative to the total amount received 

11 by all local educational agencies in the State under 

12 such part for such fiscal year, except that no local 

13 educational agency that received funds under part A 

14 of title I of that Act for such fiscal year shall receive 

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

16 this title. 

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

18 Elementary and Secondary Education Act of 1965 

19 (20 U.S.C. 6332(c)(3)) shall not apply to paragraph 

20 (1) or (3). 

21 (c) SPECIAL RULES.— 

22 (1) DISTRIBUTIONS BY SECRETARY.—The Sec23 retary shall make and distribute the reservations 

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


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1 not later than 30 days after an appropriation of 

2 funds for this title is made. 

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

4 make and distribute the allocations described in sub5 section (b)(3) within 30 days of receiving such funds 

6 from the Secretary. 

7 SEC. 103. ALLOWABLE USES OF FUNDS. 

8 A local educational agency receiving a grant under 

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

10 or repair of public school facilities, including, where appli11 cable, early learning facilities— 

12 (1) repairing, replacing, or installing roofs, in13 cluding extensive, intensive or semi-intensive green 

14 roofs, electrical wiring, plumbing systems, sewage 

15 systems, lighting systems, or components of such 

16 systems, windows, or doors, including security doors; 

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

18 ventilation, air conditioning systems, or components 

19 of such systems (including insulation), including in20 door air quality assessments; 

21 (3) bringing public schools into compliance with 

22 fire, health, and safety codes, including professional 

23 installation of fire/life safety alarms, including mod24 ernizations, renovations, and repairs that ensure 

25 that schools are prepared for emergencies, such as 


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1 improving building infrastructure to accommodate 

2 security measures; 

3 (4) modifications necessary to make public 

4 school facilities accessible to comply with the Ameri5 cans with Disabilities Act of 1990 (42 U.S.C. 12101 

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

7 1973 (29 U.S.C. 794); 

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

9 asbestos, polychlorinated biphenyls, mold, mildew, or 

10 lead-based paint hazards; 

11 (6) measures designed to reduce or eliminate 

12 human exposure to classroom noise and environ13 mental noise pollution; 

14 (7) modernizations, renovations, or repairs nec15 essary to reduce the consumption of coal, electricity, 

16 land, natural gas, oil, or water; 

17 (8) upgrading or installing educational tech18 nology infrastructure to ensure that students have 

19 access to up-to-date educational technology; 

20 (9) modernization, renovation, or repair of 

21 science and engineering laboratory facilities, librar22 ies, and career and technical education facilities, in23 cluding those related to energy efficiency and renew24 able energy, and improvements to building infraVerDate Nov 24 2008 03:52 May 02, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.IH H2187

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1 structure to accommodate bicycle and pedestrian ac2 cess; 

3 (10) renewable energy generation and heating 

4 systems, including solar, photovoltaic, wind, geo5 thermal, or biomass, including wood pellet, systems 

6 or components of such systems; 

7 (11) other modernization, renovation, or repair 

8 of public school facilities to— 

9 (A) improve teachers’ ability to teach and 

10 students’ ability to learn; 

11 (B) ensure the health and safety of stu12 dents and staff; 

13 (C) make them more energy efficient; or 

14 (D) reduce class size; and 

15 (12) required environmental remediation related 

16 to public school modernization, renovation, or repair 

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

18 TITLE II—SUPPLEMENTAL 

19 GRANTS FOR LOUISIANA, MIS20 SISSIPPI, AND ALABAMA 

21 SEC. 201. PURPOSE. 

22 Grants under this title shall be for the purpose of 

23 modernizing, renovating, repairing, or constructing public 

24 school facilities, including, where applicable, early learning 

25 facilities, based on their need for such improvements, to 


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

3 SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGEN4 CIES. 

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

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

7 311(b), the Secretary shall allocate to local educational 

8 agencies in Louisiana, Mississippi, and Alabama an 

9 amount equal to the infrastructure damage inflicted on 

10 public school facilities in each such district by Hurricane 

11 Katrina or Hurricane Rita in 2005 relative to the total 

12 of such infrastructure damage so inflicted in all such dis13 tricts, combined. 

14 (b) DISTRIBUTION BY SECRETARY.—The Secretary 

15 shall determine and distribute the allocations described in 

16 subsection (a) not later than 60 days after an appropria17 tion of funds for this title is made. 

18 SEC. 203. ALLOWABLE USES OF FUNDS. 

19 A local educational agency receiving a grant under 

20 this title shall use the grant for one or more of the activi21 ties described in section 103, except that an agency receiv22 ing a grant under this title also may use the grant for 

23 the construction of new public school facilities. 


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1 TITLE III—GENERAL 

2 PROVISIONS 

3 SEC. 301. IMPERMISSIBLE USES OF FUNDS. 

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

5 (1) payment of maintenance costs; 

6 (2) stadiums or other facilities primarily used 

7 for athletic contests or exhibitions or other events 

8 for which admission is charged to the general public; 

9 (3) improvement or construction of facilities the 

10 purpose of which is not the education of children, in11 cluding central office administration or operations or 

12 logistical support facilities; or 

13 (4) purchasing carbon offsets. 

14 SEC. 302. SUPPLEMENT, NOT SUPPLANT. 

15 A local educational agency receiving a grant under 

16 this Act shall use such Federal funds only to supplement 

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

18 absence of such Federal funds, be available for moderniza19 tion, renovation, repair, and construction of public school 

20 facilities. 

21 SEC. 303. PROHIBITION REGARDING STATE AID. 

22 A State shall not take into consideration payments 

23 under this Act in determining the eligibility of any local 

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


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

2 of children. 

3 SEC. 304. MAINTENANCE OF EFFORT. 

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

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

6 either the combined fiscal effort per student or the aggre7 gate expenditures of the agency and the State involved 

8 with respect to the provision of free public education by 

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

10 90 percent of the combined fiscal effort or aggregate ex11 penditures for the second preceding fiscal year. 

12 (b) REDUCTION IN CASE OF FAILURE TO MEET

13 MAINTENANCE OF EFFORT REQUIREMENT.— 

14 (1) IN GENERAL.—The State educational agen15 cy shall reduce the amount of a local educational 

16 agency’s grant in any fiscal year in the exact propor17 tion by which a local educational agency fails to 

18 meet the requirement of subsection (a) of this sec19 tion by falling below 90 percent of both the com20 bined fiscal effort per student and aggregate expend21 itures (using the measure most favorable to the local 

22 agency). 

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

24 shall be used for computing the effort required 


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1 under subsection (a) of this section for subsequent 

2 years. 

3 (c) WAIVER.—The Secretary shall waive the require4 ments of this section if the Secretary determines that a 

5 waiver would be equitable due to— 

6 (1) exceptional or uncontrollable circumstances, 

7 such as a natural disaster; or 

8 (2) a precipitous decline in the financial re9 sources of the local educational agency. 

10 SEC. 305. SPECIAL RULE ON CONTRACTING. 

11 Each local educational agency receiving a grant under 

12 this Act shall ensure that, if the agency carries out mod13 ernization, renovation, repair, or construction through a 

14 contract, the process for any such contract ensures the 

15 maximum number of qualified bidders, including local, 

16 small, minority, and women- and veteran-owned busi17 nesses, through full and open competition. 

18 SEC. 306. USE OF AMERICAN IRON, STEEL, AND MANUFAC19 TURED GOODS. 

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

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

22 a project for the modernization, renovation, repair or con23 struction of a public school facility unless all of the iron, 

24 steel, and manufactured goods used in the project are pro25 duced in the United States. 


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

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

3 that— 

4 (1) applying subsection (a) would be incon5 sistent with the public interest; 

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

7 goods are not produced in the United States in suffi8 cient and reasonably available quantities and of a 

9 satisfactory quality; or 

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

11 goods produced in the United States will increase 

12 the cost of the overall project by more than 25 per13 cent. 

14 (c) PUBLICATION OF JUSTIFICATION.—If the Sec15 retary determines that it is necessary to waive the applica16 tion of subsection (a) based on a finding under subsection 

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

18 a detailed written justification of the determination. 

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

20 a manner consistent with United States obligations under 

21 international agreements. 

22 SEC. 307. LABOR STANDARDS. 

23 The grant programs under this Act are applicable 

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


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1 General Education Provisions Act (20 U.S.C. 1221)) sub2 ject to section 439 of such Act (20 U.S.C. 1232b). 

3 SEC. 308. CHARTER SCHOOLS. 

4 A local educational agency receiving an allocation 

5 under this section shall use an equitable portion of that 

6 allocation for allowable activities benefitting charter 

7 schools within its jurisdiction, as determined based on the 

8 percentage of students from low-income families in the 

9 schools of the agency who are enrolled in charter schools 

10 and on the needs of those schools as determined by the 

11 agency. 

12 SEC. 309. GREEN SCHOOLS. 

13 (a) IN GENERAL.—In a given fiscal year, a local edu14 cational agency shall use not less than the applicable per15 centage (described in subsection (b)) of funds received 

16 under this Act for public school modernization, renovation, 

17 repairs, or construction that are certified, verified, or con18 sistent with any applicable provisions of— 

19 (1) the LEED Green Building Rating System; 

20 (2) Energy Star; 

21 (3) the CHPS Criteria; 

22 (4) Green Globes; or 

23 (5) an equivalent program adopted by the State 

24 or another jurisdiction with authority over the local 

25 educational agency. 


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1 (b) APPLICABLE PERCENTAGES.—The applicable 

2 percentage described in subsection (a) is— 

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

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

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

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

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

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

9 (c) TECHNICAL ASSISTANCE.—The Secretary, in con10 sultation with the Secretary of Energy and the Adminis11 trator of the Environmental Protection Agency, shall pro12 vide outreach and technical assistance to States and local 

13 educational agencies concerning the best practices in 

14 school modernization, renovation, repair, and construc15 tion, including those related to student academic achieve16 ment, student and staff health, energy efficiency, and envi17 ronmental protection. 

18 (d) YOUTHBUILD PROGRAMS.—The Secretary of 

19 Education, in consultation with the Secretary of Labor, 

20 shall work with recipients of funds under this section to 

21 promote appropriate opportunities for participants in a 

22 YouthBuild program (as defined in section 173A of the 

23 Workforce Investment Act of 1998 (29 U.S.C. 2918a)) to 

24 gain employment experience on modernization, renovation, 

25 and repair projects funded under this section. 


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1 SEC. 310. REPORTING. 

2 (a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 

3 Local educational agencies receiving a grant under this 

4 Act shall annually compile a report describing the projects 

5 for which such funds were used, including— 

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

7 including the number of charter schools; 

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

9 local educational agency under this Act and the 

10 amount of such funds expended, including the 

11 amount expended for modernization, renovation, re12 pair, or construction of charter schools; 

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

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

15 determined by the National Center for Education 

16 Statistics and the percentage of funds received by 

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

18 were used for projects at such schools; 

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

20 that are eligible for schoolwide programs under sec21 tion 1114 of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 6314) and the per23 centage of funds received by the agency under title 

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

25 at such schools; 

26 (5) for each project— 


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1 (A) the cost; 

2 (B) the standard described in section 

3 309(a) with which the use of the funds com4 plied or, if the use of funds did not comply with 

5 a standard described in section 309(a), the rea6 son such funds were not able to be used in com7 pliance with such standards and the agency’s 

8 efforts to use such funds in an environmentally 

9 sound manner; 

10 (C) if flooring was installed, whether— 

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

12 Organic Compounds) flooring; 

13 (ii) it was made from sustainable ma14 terials; and 

15 (iii) use of flooring described in clause 

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

17 (D) any demonstrable or expected benefits 

18 as a result of the project (such as energy sav19 ings, improved indoor environmental quality, 

20 improved climate for teaching and learning, 

21 etc.); and 

22 (6) the total number and amount of contracts 

23 awarded, and the number and amount of contracts 

24 awarded to local, small, minority, women, and vet25 eran-owned businesses. 


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

2 agency shall— 

3 (1) submit the report described in subsection 

4 (a) to the State educational agency, which shall com5 pile such information and report it annually to the 

6 Secretary; and 

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

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

9 (c) REPORTS BY SECRETARY.—Not later than De10 cember 31 of each fiscal year, the Secretary shall submit 

11 to the Committee on Education and Labor of the House 

12 of Representatives and the Committee on Health, Edu13 cation, Labor, and Pensions of the Senate, and make 

14 available on the Department of Education’s website, a re15 port on grants made under this Act, including the infor16 mation described in subsection (b)(1), the types of mod17 ernization, renovation, repair, and construction funded, 

18 and the number of students impacted, including the num19 ber of students counted under section 1113(a)(5) of the 

20 Elementary and Secondary Education Act of 1965 (20 

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

22 SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) TITLE I.—To carry out title I, there are author24 ized to be appropriated $6,400,000,000 for fiscal year 


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1 2010 and such sums as may be necessary for each of fiscal 

2 years 2011 through 2015. 

3 (b) TITLE II.—To carry out title II, there are author4 ized to be appropriated $100,000,000 for each of fiscal 

5 years 2010 through 2015. 

6 SEC. 312. SPECIAL RULES. 

7 Notwithstanding any other provision of this Act, none 

8 of the funds authorized by this Act may be— 

9 (1) used to employ workers in violation of sec10 tion 274A of the Immigration and Nationality Act 

11 (8 U.S.C. 1324a); or 

12 (2) distributed to a local educational agency 

13 that does not have a policy that requires a criminal 

14 background check on all employees of the agency. 

Æ 


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