IIB 

111TH CONGRESS 

1ST SESSION H. R. 2187 

IN THE SENATE OF THE UNITED STATES 

MAY 18, 2009 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

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, 


hsrobinson on PROD1PC76 with BILLS
2 

HR 2187 RFS 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘21st Century Green High-Performing Public School Fa4 cilities Act’’. 

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

6 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. 

Sec. 104. Priority projects. 

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. 314. Evaluation. 

Sec. 315. Advisory Council on Green, High-Performing Schools. 

Sec. 316. Job Corps. 

Sec. 317. Junior and community college students. 

Sec. 318. GAO study. 

Sec. 319. Education regarding projects. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


hsrobinson on PROD1PC76 with BILLS
3 

HR 2187 RFS 

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

2 meaning given to such term in section 1141 of the 

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

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

5 given such term in section 5210 of the Elementary 

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

7 7221). 

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

9 green building rating program developed by the Col10 laborative for High Performance Schools. 

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

12 Star program of the United States Department of 

13 Energy and the United States Environmental Pro14 tection Agency. 

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

16 Building Initiative environmental design and rating 

17 system referred to as Green Globes. 

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

19 System’’ means the United States Green Building 

20 Council Leadership in Energy and Environmental 

21 Design green building rating standard referred to as 

22 LEED Green Building Rating System. 

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

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

25 section 9101 of the Elementary and Secondary 


hsrobinson on PROD1PC76 with BILLS
4 

HR 2187 RFS 

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

2 shall also include the Recovery School District 

3 of Louisiana and the New Orleans Public 

4 Schools; and 

5 (B) includes any public charter school that 

6 constitutes a local educational agency under 

7 State law. 

8 (8) The term ‘‘outlying area’’— 

9 (A) means the United States Virgin Is10 lands, Guam, American Samoa, and the Com11 monwealth of the Northern Mariana Islands; 

12 and 

13 (B) includes the freely associated states of 

14 the Republic of the Marshall Islands, the Fed15 erated States of Micronesia, and the Republic 

16 of Palau. 

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

18 an existing public school facility, including a public 

19 charter school facility, or another existing facility 

20 planned for adaptive reuse as such a school facility. 

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

22 States, the District of Columbia, and the Common23 wealth of Puerto Rico. 


hsrobinson on PROD1PC76 with BILLS
5 

HR 2187 RFS 

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 

7 modernizing, renovating, or repairing public school facili8 ties, based on their need for such improvements, to be 

9 safe, healthy, high-performing, and up-to-date techno10 logically. 

11 SEC. 102. ALLOCATION OF FUNDS. 

12 (a) RESERVATION.— 

13 (1) IN GENERAL.—From the amount appro14 priated to carry out this title for each fiscal year 

15 pursuant to section 311(a), the Secretary shall re16 serve 2 percent of such amount, consistent with the 

17 purpose described in section 101— 

18 (A) to provide assistance to the outlying 

19 areas; and 

20 (B) for payments to the Secretary of the 

21 Interior to provide assistance to Bureau-funded 

22 schools. 

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

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

25 be divided between the uses described in subparaVerDate Nov 24 2008 21:39 May 18, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.RFS H2187

hsrobinson on PROD1PC76 with BILLS
6 

HR 2187 RFS 

1 graphs (A) and (B) of such paragraph in the same 

2 proportion as the amount reserved under section 

3 1121(a) of the Elementary and Secondary Edu4 cation Act of 1965 (20 U.S.C. 6331(a)) is divided 

5 between the uses described in paragraphs (1) and 

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

7 (3) DISTRESSED AREAS AND NATURAL DISAS8 TERS.—From the amount appropriated to carry out 

9 this title for each fiscal year pursuant to section 

10 311(a), the Secretary shall reserve 5 percent of such 

11 amount for grants to— 

12 (A) local educational agencies serving geo13 graphic areas with significant economic distress, 

14 to be used consistent with the purpose de15 scribed in section 101 and the allowable uses of 

16 funds described in section 103; and 

17 (B) local educational agencies serving geo18 graphic areas recovering from a natural dis19 aster, to be used consistent with the purpose 

20 described in section 201 and the allowable uses 

21 of funds described in section 203. 

22 (b) ALLOCATION TO STATES.— 

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

24 amount appropriated to carry out this title for each 

25 fiscal year pursuant to section 311(a), and not reVerDate Nov 24 2008 21:39 May 18, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.RFS H2187

hsrobinson on PROD1PC76 with BILLS
7 

HR 2187 RFS 

1 served under subsection (a), each State shall be allo2 cated an amount in proportion to the amount re3 ceived by all local educational agencies in the State 

4 under part A of title I of the Elementary and Sec5 ondary Education Act of 1965 (20 U.S.C. 6311 et 

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

7 amount received by all local educational agencies in 

8 every State under such part for such fiscal year. 

9 (2) STATE ADMINISTRATION.—A State may re10 serve up to 1 percent of its allocation under para11 graph (1) to carry out its responsibilities under this 

12 title, which include— 

13 (A) providing technical assistance to local 

14 educational agencies; 

15 (B) developing an online, publicly search16 able database that includes an inventory of pub17 lic school facilities in the State, including for 

18 each, its design, condition, modernization, ren19 ovation and repair needs, usage, utilization, en20 ergy use, and carbon footprint; and 

21 (C) creating voluntary guidelines for high22 performing school buildings, including guide23 lines concerning the following: 

24 (i) Site location, storm water manage25 ment, outdoor surfaces, outdoor lighting, 


hsrobinson on PROD1PC76 with BILLS
8 

HR 2187 RFS 

1 and transportation (location near public 

2 transit and easy access for pedestrians and 

3 bicycles). 

4 (ii) Outdoor water systems, land5 scaping to minimize water use, including 

6 elimination of irrigation systems for land7 scaping, and indoor water use reduction. 

8 (iii) Energy efficiency (including min9 imum and superior standards, such as for 

10 heating, ventilation, and air conditioning 

11 systems), use of alternative energy sources, 

12 commissioning, and training. 

13 (iv) Use of durable, sustainable mate14 rials and waste reduction. 

15 (v) Indoor environmental quality, such 

16 as day lighting in classrooms, lighting 

17 quality, indoor air quality (including with 

18 reference to reducing the incidence and ef19 fects of asthma and other respiratory ill20 nesses), acoustics, and thermal comfort. 

21 (vi) Operations and management, 

22 such as use of energy efficient equipment, 

23 indoor environmental management plan, 

24 maintenance plan, and pest management. 


hsrobinson on PROD1PC76 with BILLS
9 

HR 2187 RFS 

1 (3) GRANTS TO LOCAL EDUCATIONAL AGEN2 CIES.— 

3 (A) IN GENERAL.—From the amount allo4 cated to a State under paragraph (1), each eli5 gible local educational agency in the State shall 

6 receive an amount in proportion to the amount 

7 received by such local educational agency under 

8 part A of title I of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 6311 

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

11 the total amount received by all local edu12 cational agencies in the State under such part 

13 for such fiscal year, except that no local edu14 cational agency that received funds under title 

15 I of that Act for such fiscal year shall receive 

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

17 under this title. 

18 (B) ELIGIBLE LOCAL EDUCATIONAL AGEN19 CY.—For purposes of subparagraph (A), the 

20 term ‘‘eligible local educational agency’’ means 

21 a local educational agency that— 

22 (i) meets the requirements for— 

23 (I) a local educational agency 

24 plan under section 1112(a) of the EleVerDate Nov 24 2008 21:39 May 18, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.RFS H2187

hsrobinson on PROD1PC76 with BILLS
10 

HR 2187 RFS 

1 mentary and Secondary Education 

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

3 (II) public school choice under 

4 section 1116(b)(1)(E) of the Elemen5 tary and Secondary Education Act of 

6 1965 (20 U.S.C. 6316(b)(1)(E)); 

7 (III) transportation funding for 

8 public school choice under section 

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

10 Secondary Education Act of 1965 (20 

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

12 (IV) supplemental educational 

13 services funding under section 

14 1116(b)(10) of the Elementary and 

15 Secondary Education Act of 1965 (20 

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

17 (V) supplemental educational 

18 services under section 1116(e) of the 

19 Elementary and Secondary Education 

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

21 (VI) private school participation 

22 under section 9501 of the Elementary 

23 and Secondary Education Act of 1965 

24 (20 U.S.C. 7881); and 


hsrobinson on PROD1PC76 with BILLS
11 

HR 2187 RFS 

1 (VII) armed forces recruiter ac2 cess under section 9528 of the Ele3 mentary and Secondary Education 

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

5 (ii) conducts an independent audit by 

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

7 State, substantiating the overall condition 

8 of the public school facilities and the need 

9 for modernization, renovation, or repair. 

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

11 Elementary and Secondary Education Act of 1965 

12 (20 U.S.C. 6332(c)(3)) shall not apply to paragraph 

13 (1) or (3). 

14 (c) SPECIAL RULES.— 

15 (1) DISTRIBUTIONS BY SECRETARY.—The Sec16 retary shall make and distribute the reservations 

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

18 not later than 30 days after an appropriation of 

19 funds for this title is made. 

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

21 make and distribute the allocations described in sub22 section (b)(3) within 30 days of receiving such funds 

23 from the Secretary. 


hsrobinson on PROD1PC76 with BILLS
12 

HR 2187 RFS 

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, including— 

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

8 roofs, electrical wiring, water supply and plumbing 

9 systems, sewage systems, storm water runoff sys10 tems, lighting systems, or components of such sys11 tems, building envelope, windows, ceilings, flooring, 

12 or doors, including security doors; 

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

14 ventilation, air conditioning systems, or components 

15 of such systems (including insulation), including in16 door air quality assessments; 

17 (3) bringing public schools into compliance with 

18 fire, health, seismic, and safety codes, including pro19 fessional installation of fire/life safety alarms, in20 cluding modernizations, renovations, and repairs 

21 that ensure that schools are prepared for emer22 gencies, such as improving building infrastructure to 

23 accommodate security measures and installing or up24 grading technology to ensure that schools are able to 

25 respond to emergencies such as acts of terrorism, 

26 campus violence, and natural disasters; 


hsrobinson on PROD1PC76 with BILLS
13 

HR 2187 RFS 

1 (4) modifications necessary to make public 

2 school facilities accessible to comply with the Ameri3 cans with Disabilities Act of 1990 (42 U.S.C. 12101 

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

5 1973 (29 U.S.C. 794); 

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

7 asbestos, polychlorinated biphenyls, mold, mildew, or 

8 lead-based hazards, including lead-based paint haz9 ards; 

10 (6) measures designed to reduce or eliminate 

11 human exposure to classroom noise and environ12 mental noise pollution; 

13 (7) modernizations, renovations, or repairs nec14 essary to reduce the consumption of coal, electricity, 

15 land, natural gas, oil, or water; 

16 (8) upgrading or installing educational tech17 nology infrastructure to ensure that students have 

18 access to up-to-date educational technology; 

19 (9) modernization, renovation, or repair of 

20 science and engineering laboratory facilities, librar21 ies, and career and technical education facilities, in22 cluding those related to energy efficiency and renew23 able energy, and improvements to building infra24 structure to accommodate bicycle and pedestrian ac25 cess; 


hsrobinson on PROD1PC76 with BILLS
14 

HR 2187 RFS 

1 (10) renewable energy generation and heating 

2 systems, including solar, photovoltaic, wind, geo3 thermal, or biomass, including wood pellet, woody 

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

5 or components of such systems, and energy audits; 

6 (11) measures designed to reduce or eliminate 

7 human exposure to airborne particles such as dust, 

8 sand, and pollens; 

9 (12) creating greenhouses, gardens (including 

10 trees), and other facilities for environmental, sci11 entific, or other educational purposes, or to produce 

12 energy savings; 

13 (13) upgrading or installing recreational struc14 tures, including physical education facilities for stu15 dents, made from post consumer recovered materials 

16 in accordance with the comprehensive procurement 

17 guidelines prepared by the Administrator of the En18 vironmental Protection Agency under section 

19 6002(e) of the Solid Waste Disposal Act (42 U.S.C. 

20 6962(e)); 

21 (14) other modernization, renovation, or repair 

22 of public school facilities to— 

23 (A) improve teachers’ ability to teach and 

24 students’ ability to learn; 


hsrobinson on PROD1PC76 with BILLS
15 

HR 2187 RFS 

1 (B) ensure the health and safety of stu2 dents and staff; 

3 (C) make them more energy efficient; or 

4 (D) reduce class size; and 

5 (15) required environmental remediation related 

6 to public school modernization, renovation, or repair 

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

8 SEC. 104. PRIORITY PROJECTS. 

9 In selecting a project under section 103, a local edu10 cational agency may give priority to projects involving the 

11 abatement, removal, or interim controls of asbestos, poly12 chlorinated biphenyls, mold, mildew, lead-based hazards, 

13 including lead-based paint hazards, or a proven car14 cinogen. 

15 TITLE II—SUPPLEMENTAL 

16 GRANTS FOR LOUISIANA, MIS17 SISSIPPI, AND ALABAMA 

18 SEC. 201. PURPOSE. 

19 Grants under this title shall be for the purpose of 

20 modernizing, renovating, repairing, or constructing public 

21 school facilities, including, where applicable, early learning 

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

23 be safe, healthy, high-performing, and up-to-date techno24 logically. 


hsrobinson on PROD1PC76 with BILLS
16 

HR 2187 RFS 

1 SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGEN2 CIES. 

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

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

5 311(b), the Secretary shall allocate to local educational 

6 agencies in Louisiana, Mississippi, and Alabama an 

7 amount equal to the infrastructure damage inflicted on 

8 public school facilities in each such district by Hurricane 

9 Katrina or Hurricane Rita in 2005 relative to the total 

10 of such infrastructure damage so inflicted in all such dis11 tricts, combined. 

12 (b) DISTRIBUTION BY SECRETARY.—The Secretary 

13 shall determine and distribute the allocations described in 

14 subsection (a) not later than 60 days after an appropria15 tion of funds for this title is made. 

16 SEC. 203. ALLOWABLE USES OF FUNDS. 

17 A local educational agency receiving a grant under 

18 this title shall use the grant for one or more of the activi19 ties described in section 103, except that an agency receiv20 ing a grant under this title also may use the grant for 

21 the construction of new public school facilities. 

22 TITLE III—GENERAL 

23 PROVISIONS 

24 SEC. 301. IMPERMISSIBLE USES OF FUNDS. 

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

26 (1) payment of maintenance costs; 


hsrobinson on PROD1PC76 with BILLS
17 

HR 2187 RFS 

1 (2) stadiums or other facilities primarily used 

2 for athletic contests or exhibitions or other events 

3 for 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 

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

25 either the combined fiscal effort per student or the aggreVerDate Nov 24 2008 21:39 May 18, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.RFS H2187

hsrobinson on PROD1PC76 with BILLS
18 

HR 2187 RFS 

1 gate expenditures of the agency and the State involved 

2 with respect to the provision of free public education by 

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

4 90 percent of the combined fiscal effort or aggregate ex5 penditures for the second preceding fiscal year. 

6 (b) REDUCTION IN CASE OF FAILURE TO MEET

7 MAINTENANCE OF EFFORT REQUIREMENT.— 

8 (1) IN GENERAL.—The State educational agen9 cy shall reduce the amount of a local educational 

10 agency’s grant in any fiscal year in the exact propor11 tion by which a local educational agency fails to 

12 meet the requirement of subsection (a) by falling 

13 below 90 percent of both the combined fiscal effort 

14 per student and aggregate expenditures (using the 

15 measure most favorable to the local agency). 

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

17 shall be used for computing the effort required 

18 under subsection (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. 


hsrobinson on PROD1PC76 with BILLS
19 

HR 2187 RFS 

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 

6 maximum number of qualified bidders, including local, 

7 small, minority, and women- and veteran-owned busi8 nesses, 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 

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

13 a 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 incon21 sistent 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 


hsrobinson on PROD1PC76 with BILLS
20 

HR 2187 RFS 

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

2 goods produced in the United States will increase 

3 the cost of the overall project by more than 25 per4 cent. 

5 (c) PUBLICATION OF JUSTIFICATION.—If the Sec6 retary determines that it is necessary to waive the applica7 tion of subsection (a) based on a finding under subsection 

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

9 a detailed written justification of the determination. 

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

11 a manner consistent with United States obligations under 

12 international agreements. 

13 SEC. 307. LABOR STANDARDS. 

14 The grant programs under this Act are applicable 

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

16 General Education Provisions Act (20 U.S.C. 1221)) sub17 ject to section 439 of such Act (20 U.S.C. 1232b). 

18 SEC. 308. CHARTER SCHOOLS. 

19 (a) IN GENERAL.—A local educational agency receiv20 ing an allocation under this Act shall reserve an amount 

21 of that allocation for charter schools within its jurisdiction 

22 for modernization, renovation, repair, and construction of 

23 charter school facilities. 

24 (b) DETERMINATION OF RESERVED AMOUNT.—The 

25 amount to be reserved by a local educational agency under 


hsrobinson on PROD1PC76 with BILLS
21 

HR 2187 RFS 

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

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

3 the Elementary and Secondary Education Act of 1965 (20 

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

5 (1) are enrolled in charter schools; and 

6 (2) the local educational agency, in consultation 

7 with the authorized public chartering agency, ex8 pects to be enrolled, during the year with respect to 

9 which the reservation is made, in charter schools 

10 that are scheduled to commence operation during 

11 such year. 

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

13 receive a share of the amount reserved under subsection 

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

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

16 local educational agency in consultation with charter 

17 school administrators. 

18 (d) EXCESS FUNDS.—After the consultation de19 scribed in subsection (c), if the local educational agency 

20 determines that the amount of funds reserved under sub21 section (a) exceeds the modernization, renovation, repair, 

22 and construction needs of charter schools within the local 

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

24 excess funds for other public school facility modernization, 

25 renovation, repair, or construction consistent with this Act 


hsrobinson on PROD1PC76 with BILLS
22 

HR 2187 RFS 

1 and is not required to carry over such funds to the fol2 lowing fiscal year for use for charter schools. 

3 SEC. 309. GREEN SCHOOLS. 

4 (a) IN GENERAL.—In a given fiscal year, a local edu5 cational agency shall use not less than the applicable per6 centage (described in subsection (b)) of funds received 

7 under this Act for public school modernization, renovation, 

8 repairs, or construction that are certified, verified, or con9 sistent with any applicable provisions of— 

10 (1) the LEED Green Building Rating System; 

11 (2) Energy Star; 

12 (3) the CHPS Criteria; 

13 (4) Green Globes; or 

14 (5) an equivalent program adopted by the State 

15 or another jurisdiction with authority over the local 

16 educational agency, which shall include a verifiable 

17 method to demonstrate compliance with such pro18 gram. 

19 (b) APPLICABLE PERCENTAGES.—The applicable 

20 percentage described in subsection (a) is— 

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

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

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

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

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


hsrobinson on PROD1PC76 with BILLS
23 

HR 2187 RFS 

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

2 (c) RULE OF CONSTRUCTION.—Nothing in this sec3 tion shall be construed to prohibit a local educational 

4 agency from using sustainable, domestic hardwood lumber 

5 as ascertained through the forest inventory and analysis 

6 program of the Forest Service of the Department of Agri7 culture under the Forest and Rangeland Renewable Re8 sources Research Act of 1978 (16 U.S.C. 1641 et seq.) 

9 for public school modernization, renovation, repairs, or 

10 construction. 

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

12 consultation with the Secretary of Energy and the Admin13 istrator of the Environmental Protection Agency, shall 

14 provide outreach and technical assistance to States and 

15 local educational agencies concerning the best practices in 

16 school modernization, renovation, repair, and construc17 tion, including those related to student academic achieve18 ment, student and staff health, energy efficiency, and envi19 ronmental protection. 

20 SEC. 310. REPORTING. 

21 (a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 

22 Local educational agencies receiving a grant under this 

23 Act shall annually compile a report describing the projects 

24 for which such funds were used, including— 


hsrobinson on PROD1PC76 with BILLS
24 

HR 2187 RFS 

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

2 including the number of charter schools, and for 

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

4 low-income families; 

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

6 local educational agency under this Act and the 

7 amount of such funds expended, including the 

8 amount expended for modernization, renovation, re9 pair, or construction of charter schools; 

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

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

12 determined by the National Center for Education 

13 Statistics and the percentage of funds received by 

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

15 were used for projects at such schools; 

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

17 that are eligible for schoolwide programs under sec18 tion 1114 of the Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 6314) and the per20 centage of funds received by the agency under title 

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

22 at such schools; 

23 (5) for each project— 

24 (A) the cost; 


hsrobinson on PROD1PC76 with BILLS
25 

HR 2187 RFS 

1 (B) the standard described in section 

2 309(a) with which the use of the funds com3 plied or, if the use of funds did not comply with 

4 a standard described in section 309(a), the rea5 son such funds were not able to be used in com6 pliance with such standards and the agency’s 

7 efforts to use such funds in an environmentally 

8 sound manner; 

9 (C) if flooring was installed, whether— 

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

11 Organic Compounds) flooring; 

12 (ii) it was made from sustainable and 

13 renewable materials; and 

14 (iii) use of flooring described in clause 

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

16 (D) any demonstrable or expected benefits 

17 as a result of the project (such as energy sav18 ings, improved indoor environmental quality, 

19 student and staff health (including with ref20 erence to reducing the incidence and effects of 

21 asthma and other respiratory illnesses), im22 proved climate for teaching and learning, etc.); 

23 and 

24 (6) the total number and amount of contracts 

25 awarded, and the number and amount of contracts 


hsrobinson on PROD1PC76 with BILLS
26 

HR 2187 RFS 

1 awarded to local, small, minority, women, and vet2 eran-owned businesses. 

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

4 agency shall— 

5 (1) submit the report described in subsection 

6 (a) to the State educational agency, which shall com7 pile such information and report it annually to the 

8 Secretary; and 

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

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

11 (c) REPORTS BY SECRETARY.—Not later than De12 cember 31 of each fiscal year, the Secretary shall submit 

13 to the Committee on Education and Labor of the House 

14 of Representatives and the Committee on Health, Edu15 cation, Labor, and Pensions of the Senate, and make 

16 available on the Department of Education’s website, a re17 port on grants made under this Act, including the infor18 mation described in subsection (b)(1), the types of mod19 ernization, renovation, repair, and construction funded, 

20 and the number of students impacted, including the num21 ber of students counted under section 1113(a)(5) of the 

22 Elementary and Secondary Education Act of 1965 (20 

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


hsrobinson on PROD1PC76 with BILLS
27 

HR 2187 RFS 

1 SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) TITLE I.—To carry out title I, there are author3 ized to be appropriated $6,400,000,000 for fiscal year 

4 2010 and such sums as may be necessary for each of fiscal 

5 years 2011 through 2015. 

6 (b) TITLE II.—To carry out title II, there are author7 ized to be appropriated $100,000,000 for each of fiscal 

8 years 2010 through 2015. 

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

10 appropriated under this section may be used for a Con11 gressional earmark as defined in clause 9(d) of rule XXI 

12 of the Rules of the House of Representatives. 

13 SEC. 312. SPECIAL RULES. 

14 Notwithstanding any other provision of this Act, none 

15 of the funds authorized by this Act may be— 

16 (1) used to employ workers in violation of sec17 tion 274A of the Immigration and Nationality Act 

18 (8 U.S.C. 1324a); or 

19 (2) distributed to a local educational agency 

20 that does not have a policy that requires a criminal 

21 background check on all employees of the agency. 

22 SEC. 313. YOUTHBUILD PROGRAMS. 

23 The Secretary of Education, in consultation with the 

24 Secretary of Labor, shall work with recipients of funds 

25 under this Act to promote appropriate opportunities for 

26 participants in a YouthBuild program (as defined in secVerDate Nov 24 2008 21:39 May 18, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2187.RFS H2187

hsrobinson on PROD1PC76 with BILLS
28 

HR 2187 RFS 

1 tion 173A of the Workforce Investment Act of 1998 (29 

2 U.S.C. 2918a)) to gain employment experience on mod3 ernization, renovation, repair, and construction projects 

4 funded under this Act. 

5 SEC. 314. EVALUATION. 

6 (a) EVALUATION.— 

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

8 into an agreement with the Institute of Educational 

9 Sciences of the Department of Education to evaluate 

10 the impact of projects funded under this Act on stu11 dent academic achievement, including a comparison 

12 of students attending public schools receiving fund13 ing under this Act with students attending public 

14 schools that are not receiving such funding. 

15 (2) RESEARCH DESIGN; DISSEMINATION.—The 

16 Secretary, through a grant, contract, or cooperative 

17 agreement, shall— 

18 (A) ensure that the evaluation described in 

19 paragraph (1) is conducted using the strongest 

20 possible research design for determining the ef21 fectiveness of the projects funded under this 

22 Act; and 

23 (B) disseminate information on the impact 

24 of the projects in increasing the academic 

25 achievement of students. 


hsrobinson on PROD1PC76 with BILLS
29 

HR 2187 RFS 

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

2 year for which a grant is made under this Act, the Sec3 retary shall submit to the Committee on Appropriations, 

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

5 of Representatives, and the Committee on Appropriations, 

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

7 Pensions, of the Senate, a report on the results of the eval8 uation described in subsection (a). 

9 (c) PUBLIC AVAILABILITY.—Following the submis10 sion of the report under subsection (b), all reports and 

11 underlying data gathered pursuant to this section shall be 

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

13 request. 

14 (d) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to permit the disclosure of any per16 sonally identifiable information regarding a student, ex17 cept to the parents of the student. 

18 (e) LIMIT ON AMOUNT EXPENDED.—The amount ex19 pended by the Secretary to carry out this section for a 

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

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

22 SEC. 315. ADVISORY COUNCIL ON GREEN, HIGH-PER23 FORMING SCHOOLS. 

24 (a) ESTABLISHMENT OF ADVISORY COUNCIL.—The 

25 Secretary shall establish an advisory council to be known 


hsrobinson on PROD1PC76 with BILLS
30 

HR 2187 RFS 

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

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

3 Council’’) which shall be composed of— 

4 (1) appropriate officials from the Department 

5 of Education; 

6 (2) representatives of the academic, architec7 tural, business, education, engineering, environ8 mental, labor and scientific communities; and 

9 (3) such other representatives as the Secretary 

10 deems appropriate. 

11 (b) DUTIES OF ADVISORY COUNCIL.— 

12 (1) ADVISORY DUTIES.—The Advisory Council 

13 shall advise the Secretary on the impact of green, 

14 high-performing schools, on— 

15 (A) teaching and learning; 

16 (B) health; 

17 (C) energy costs; 

18 (D) environmental impact; and 

19 (E) other areas that the Secretary and the 

20 Advisory Council deem appropriate. 

21 (2) OTHER DUTIES.—The Advisory Council 

22 shall assist the Secretary in— 

23 (A) making recommendations on Federal 

24 policies to increase the number of green, high25 performing schools; 


hsrobinson on PROD1PC76 with BILLS
31 

HR 2187 RFS 

1 (B) identifying Federal policies that are 

2 barriers to helping States and local educational 

3 agencies make schools green and high-per4 forming; 

5 (C) providing technical assistance and out6 reach to States and local educational agencies 

7 under section 309(c) ; and 

8 (D) providing the Secretary such other as9 sistance as the Secretary deems appropriate. 

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

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

12 Chair of the Council on Environmental Quality and the 

13 heads of appropriate Federal agencies, including the Sec14 retary of Commerce, the Secretary of Energy, the Sec15 retary of Health and Human Services, the Secretary of 

16 Labor, the Administrator of the Environmental Protection 

17 Agency, and the Administrator of the General Services 

18 Administration (through the Office of Federal High-Per19 formance Green Buildings). 

20 SEC. 316. JOB CORPS. 

21 The Secretary of Education, in consultation with the 

22 Secretary of Labor, shall work with recipients of funds 

23 under this Act to promote appropriate opportunities for 

24 individuals enrolled in the Job Corps program carried out 

25 under subtitle C of title I of the Workforce Investment 


hsrobinson on PROD1PC76 with BILLS
32 

HR 2187 RFS 

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

2 experience on modernization, renovation, repair, and con3 struction projects funded under this Act. 

4 SEC. 317. JUNIOR AND COMMUNITY COLLEGE STUDENTS. 

5 The Secretary of Education, in consultation with the 

6 Secretary of Labor, shall work with recipients of funds 

7 under this Act to promote appropriate opportunities for 

8 individuals enrolled in a junior or community college (as 

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

10 1965 (20 U.S.C. 1088(f))) certificate or degree program 

11 relating to projects described in section 309(a) to gain em12 ployment experience working on such projects funded 

13 under this Act. 

14 SEC. 318. GAO STUDY. 

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

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

17 shall conduct a study to determine, and report to the Con18 gress on, the extent and types of projects in keeping with 

19 the uses of funds authorized under this Act being under20 taken in schools around the United States, the geographic 

21 distribution of green, high-performing schools in the 

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

23 areas, and the relative access to such schools of the demo24 graphic groups described in section 1111(b)(2)(C)(v) of 


hsrobinson on PROD1PC76 with BILLS
33 

HR 2187 RFS 

1 the Elementary and Secondary Education Act of 1965 (20 

2 USC 6311(b)(2)(C)(v)). 

3 SEC. 319. EDUCATION REGARDING PROJECTS. 

4 A local educational agency receiving funds under this 

5 Act may encourage schools at which projects are under6 taken with such funds to educate students about the 

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

8 project and its environmental, energy, sustainability, and 

9 other benefits. 

Passed the House of Representatives May 14, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


hsrobinson on PROD1PC76 with BILLS