IIB 
110TH CONGRESS 
2D SESSION 
H. R. 3021 
IN THE SENATE OF THE UNITED STATES 
JUNE 6, 2008 
Received 
AUGUST 1, 2008 
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, renova-
tion, or repair of public school facilities, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘21st Century Green High-Performing Public School Fa-
cilities 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 States. 
Sec. 203. Allowable uses of funds. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Impermissible uses of funds. 
Sec. 302. Supplement, not supplant. 
Sec. 302A. Prohibition regarding State aid. 
Sec. 303. Maintenance of effort. 
Sec. 304. Special rule on contracting. 
Sec. 305. Special rule on use of iron and steel produced in the United States. 
Sec. 306. Application of GEPA. 
Sec. 307. Green Schools. 
Sec. 308. Reporting. 
Sec. 309. Authorization of appropriations. 
Sec. 310. Special rules. 
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). 
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(2) The term ‘‘charter school’’ has the meaning 
given such term in section 5210 of the Elementary 
and Secondary Education Act of 1965. 
(3) 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, 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. 
(4) The term ‘‘outlying area’’— 
(A) means the United States Virgin Is-
lands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands; 
and 
(B) includes the freely associated states of 
the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, and the Republic 
of Palau. 
(5) The term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
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(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 ‘‘Energy Star’’ means the Energy 
Star program of the United States Department of 
Energy and the United States Environmental Pro-
tection Agency. 
(8) The term ‘‘CHPS Criteria’’ means the 
green building rating program developed by the Col-
laborative for High Performance Schools. 
(9) The term ‘‘public school facilities’’ includes 
charter schools. 
(10) The term ‘‘Green Globes’’ means the 
Green Building Initiative environmental design and 
rating system referred to as Green Globes. 
TITLE 
I—GRANTS 
FOR 
MOD-
ERNIZATION, 
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 facili-
ties, based on their need for such improvements, to be 
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safe, healthy, high-performing, and up-to-date techno-
logically. 
SEC. 102. ALLOCATION OF FUNDS. 
(a) RESERVATION.—From the amount appropriated 
to carry out this title for each fiscal year pursuant to sec-
tion 309(a), the Secretary shall reserve 1 percent of such 
amount, consistent with the purpose described in section 
101— 
(1) to provide assistance to the outlying areas; 
and 
(2) for payments to the Secretary of the Inte-
rior to provide assistance to Bureau-funded schools. 
(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 309(a), and not re-
served under subsection (a), each State shall be allo-
cated an amount in proportion to the amount re-
ceived by all local educational agencies in the State 
under part A of title I of the Elementary and Sec-
ondary Education Act of 1965 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. 
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(2) STATE ADMINISTRATION.—A State may re-
serve up to 1 percent of its allocation under para-
graph (1) to carry out its responsibilities under this 
title, including— 
(A) providing technical assistance to local 
educational agencies; 
(B) developing within 6 months of receiv-
ing its allocation under paragraph (1) a plan to 
develop a database that includes an inventory of 
public school facilities in the State and the 
modernization, renovation, and repair needs of, 
energy use by, and the carbon footprint of such 
schools; and 
(C) developing a school energy efficiency 
quality plan. 
(3) GRANTS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.—From the amount allocated to a State under 
paragraph (1), each local educational agency in the 
State that meets the requirements of section 
1112(a) of the Elementary and Secondary Edu-
cation Act of 1965 shall receive an amount in pro-
portion to the amount received by such local edu-
cational agency under part A of title I of that Act 
for the previous fiscal year relative to the total 
amount received by all local educational agencies in 
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