110TH CONGRESS 
2D SESSION 
H. R. 3021 
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,
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).
(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.
(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
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.
(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
the State under such part for such fiscal year, ex-
cept that no local educational agency that received 
funds under part A of 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. 
(4) SPECIAL RULE.—Section 1122(c)(3) of the 
Elementary and Secondary Education Act of 1965 
shall not apply to paragraph (1) or (3). 
(c) SPECIAL RULES.— 
(1) DISTRIBUTIONS BY SECRETARY.—The Sec-
retary 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 sub-
section (b)(3) within 30 days of receiving such funds 
from the Secretary. 
(3) DISTRIBUTIONS
BY
LOCAL
EDUCATIONAL 
AGENCIES.—A local educational agency receiving a 
grant under this title may give priority, in using the 
grant, to projects to be carried out in a public sec-
ondary school recognized as a Science and Tech-
nology High School or as a secondary school with a 
science and technology program.
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— 
(1) repairing, replacing, or installing roofs, in-
cluding extensive, intensive or semi-intensive green 
roofs, electrical wiring, plumbing systems, sewage 
systems, lighting systems, or components of such 
systems, windows, or doors, including security doors; 
(2) repairing, replacing, or installing heating, 
ventilation, air conditioning systems, or components 
of such systems (including insulation), including in-
door air quality assessments; 
(3) bringing public schools into compliance with 
fire, health, and safety codes, including professional 
installation of fire/life safety alarms, including mod-
ernizations, 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 Ameri-
cans 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), except that such modifica-
tions shall not be the primary use of the grant;
(5) asbestos or polychlorinated biphenyls abate-
ment or removal from public school facilities; 
(6) implementation of measures designed to re-
duce or eliminate human exposure to lead-based 
paint hazards through methods including interim 
controls, abatement, or a combination of each; 
(7) implementation of measures designed to re-
duce or eliminate human exposure to mold or mil-
dew; 
(8) upgrading or installing educational tech-
nology infrastructure to ensure that students have 
access to up-to-date educational technology; 
(9) modernization, renovation, or repair of 
science and engineering laboratory facilities, librar-
ies, and career and technical education facilities, in-
cluding those related to energy efficiency and renew-
able energy, and improvements to building infra-
structure to accommodate bicycle and pedestrian ac-
cess; 
(10) renewable energy generation and heating 
systems, including solar, photovoltaic, wind, geo-
thermal, or biomass, including wood pellet, systems 
or components of such systems; 
(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 stu-
dents 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, MIS-
SISSIPPI, AND ALABAMA 
SEC. 201. PURPOSE. 
Grants under this title shall be for the purpose of 
modernizing, renovating, repairing or constructing public 
school facilities, based on their need for such improve-
ments, to be safe, healthy, high-performing, and up-to- 
date technologically. 
SEC. 202. ALLOCATION TO STATES. 
(a) STATE-BY-STATE ALLOCATION.—Of the amount 
appropriated to carry out this title for each fiscal year pur-
suant to section 309(b), the Secretary shall allocate to 
Louisiana, Mississippi, and Alabama an amount equal to 
the number of schools in each of those States that were 
closed for 60 days or more during the period beginning
on August 29, 2005, and ending on December 31, 2005, 
due to Hurricane Katrina or Hurricane Rita, relative to 
the number of schools in all of those States combined that 
were so closed. 
(b) STATE ADMINISTRATION.—A State that receives 
funds under this title may reserve one-half of one percent 
of such funds for administrative purposes related to this 
title. 
(c) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
States receiving funds under subsection (a) shall allocate 
such funds to local educational agencies within the State 
according to the criteria described in subsection (a). 
(d) SPECIAL RULES.— 
(1) DISTRIBUTIONS BY SECRETARY.—The Sec-
retary shall make and distribute the allocations de-
scribed in subsection (a) 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 sub-
section (c) within 30 days of receiving such funds 
from the Secretary. 
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 activi-
ties described in section 103, except that an agency receiv-
ing a grant under this title also may use such grant for 
such activities 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; 
or 
(3) 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 moderniza-
tion, renovation, repair, and construction of public school 
facilities. 
SEC. 302A. 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. 303. 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 aggre-
gate 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 ex-
penditures for the second preceding fiscal year. 
(b) REDUCTION IN CASE OF FAILURE TO MEET.— 
(1) IN GENERAL.—The State educational agen-
cy shall reduce the amount of a local educational 
agency’s grant in any fiscal year in the exact propor-
tion by which a local educational agency fails to 
meet the requirement of subsection (a) of this sec-
tion by falling below 90 percent of both the com-
bined fiscal effort per student and aggregate expend-
itures (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) of this section for subsequent 
years.
(c) WAIVER.—The Secretary shall waive the require-
ments 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 re-
sources of the local educational agency. 
SEC. 304. SPECIAL RULE ON CONTRACTING. 
Each local educational agency receiving a grant under 
this Act shall ensure that, if the agency carries out mod-
ernization, 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 busi-
nesses, through full and open competition. 
SEC. 305. SPECIAL RULE ON USE OF IRON AND STEEL PRO-
DUCED IN THE UNITED STATES. 
(a) IN GENERAL.—A local educational agency shall 
not obligate or expend funds received under this Act for 
a project for the modernization, renovation, or repair of 
public school facility unless all of the iron and steel used 
in such project is produced in the United States. 
(b) EXCEPTIONS.—The provisions of subsection (a) 
shall not apply in any case in which the local educational 
agency finds that—
(1) their application would be inconsistent with 
the public interest; 
(2) iron and steel are not produced in the 
United States in sufficient and reasonably available 
quantities and of a satisfactory quality; 
(3) inclusion of iron and steel produced in the 
United States will increase the cost of the overall 
project contract by more than 25 percent. 
SEC. 306. APPLICATION OF GEPA. 
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)) sub-
ject to section 439 of such Act (20 U.S.C. 1232b). 
SEC. 307. GREEN SCHOOLS. 
(a) IN GENERAL.—In a given fiscal year, a local edu-
cational agency shall use not less than the applicable per-
centage of funds received under this Act described in sub-
section (b) for public school modernization, renovation, re-
pairs, or construction that are certified, verified, or con-
sistent 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. 
(b) APPLICABLE
PERCENTAGES.—The applicable 
percentages described in subsection (a) are— 
(1) in fiscal year 2009, 50 percent; 
(2) in fiscal year 2010, 60 percent; 
(3) in fiscal year 2011, 70 percent; 
(4) in fiscal year 2012, 80 percent; and 
(5) in fiscal year 2013, 90 percent. 
(c) TECHNICAL ASSISTANCE.—The Secretary, in con-
sultation with the Secretary of Energy and the Adminis-
trator of the Environmental Protection Agency, shall pro-
vide outreach and technical assistance to States and school 
districts concerning the best practices in school mod-
ernization, renovation, repair, and construction, including 
those related to student academic achievement and stu-
dent and staff health, energy efficiency, and environmental 
protection. 
SEC. 308. 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; 
(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, re-
pair, 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 sec-
tion 1114 of the Elementary and Secondary Edu-
cation Act of 1965 and the percentage of funds re-
ceived 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 
307(a) with which the use of the funds com-
plied or if the use of funds did not comply with 
a standard described in section 307(a), the rea-
son such funds were not able to be used in com-
pliance 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 ma-
terials; 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 sav-
ings, 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 vet-
eran-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 com-
pile 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 De-
cember 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, Edu-
cation, Labor, and Pensions of the Senate a report on 
grants made under this Act, including the information de-
scribed in subsection (b)(1), the types of modernization, 
renovation, repair, and construction funded, and the num-
ber of students impacted, including the number of stu-
dents counted under section 1113(a)(5) of the Elementary 
and Secondary Education Act of 1965. 
SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 
(a) TITLE I.—To carry out title I, there are author-
ized to be appropriated $6,400,000,000 for fiscal year 
2009 and such sums as may be necessary for each of fiscal 
years 2010 through 2013. 
(b) TITLE II.—To carry out title II, there are author-
ized to be appropriated $100,000,000 for each of fiscal 
years 2009 through 2013.
SEC. 310. 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 sec-
tion 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. 
Passed the House of Representatives June 4, 2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 3021 
AN ACT 
To direct the Secretary of Education to make 
grants to State educational agencies for the mod-
ernization, renovation, or repair of public school 
facilities, and for other purposes.