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) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and Labor 
A BILL 
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’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—GRANTS FOR MODERNIZATION, RENOVATION, OR 
REPAIR OF PUBLIC SCHOOL FACILITIES 
Sec. 101. Purpose. 
Sec. 102. Allocation of funds. 
Sec. 103. Allowable uses of funds. 
TITLE II—SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, 
AND ALABAMA 
Sec. 201. Purpose. 
Sec. 202. Allocation to local educational agencies. 
Sec. 203. Allowable uses of funds. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Impermissible uses of funds. 
Sec. 302. Supplement, not supplant. 
Sec. 303. Prohibition regarding State aid. 
Sec. 304. Maintenance of effort. 
Sec. 305. Special rule on contracting. 
Sec. 306. Use of American iron, steel, and manufactured goods. 
Sec. 307. Labor standards. 
Sec. 308. Charter schools. 
Sec. 309. Green schools. 
Sec. 310. Reporting. 
Sec. 311. Authorization of appropriations. 
Sec. 312. Special rules. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Bureau-funded school’’ has the 
meaning given to such term in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 2021). 
(2) The term ‘‘charter school’’ has the meaning 
given such term in section 5210 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7221). 
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(3) The term ‘‘CHPS Criteria’’ means the 
green building rating program developed by the Col-
laborative for High Performance Schools. 
(4) The term ‘‘Energy Star’’ means the Energy 
Star program of the United States Department of 
Energy and the United States Environmental Pro-
tection Agency. 
(5) The term ‘‘Green Globes’’ means the Green 
Building Initiative environmental design and rating 
system referred to as Green Globes. 
(6) The term ‘‘LEED Green Building Rating 
System’’ means the United States Green Building 
Council Leadership in Energy and Environmental 
Design green building rating standard referred to as 
LEED Green Building Rating System. 
(7) The term ‘‘local educational agency’’— 
(A) has the meaning given to that term in 
section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801), and 
shall also include the Recovery School District 
of Louisiana and the New Orleans Public 
Schools; and 
(B) includes any public charter school that 
constitutes a local educational agency under 
State law. 
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(8) 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. 
(9) The term ‘‘public school facilities’’ means 
an existing public school facility, including a public 
charter school facility, or another existing facility 
planned for adaptive reuse as such a school facility. 
(10) The term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
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.— 
(1) IN
GENERAL.—From the amount appro-
priated to carry out this title for each fiscal year 
pursuant to section 311(a), the Secretary shall re-
serve 1 percent of such amount, consistent with the 
purpose described in section 101— 
(A) to provide assistance to the outlying 
areas; and 
(B) for payments to the Secretary of the 
Interior to provide assistance to Bureau-funded 
schools. 
(2) USE OF RESERVED FUNDS.—In each fiscal 
year, the amount reserved under paragraph (1) shall 
be divided between the uses described in subpara-
graphs (A) and (B) of such paragraph in the same 
proportion as the amount reserved under section 
1121(a) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6331(a)) is divided 
between the uses described in paragraphs (1) and 
(2) of such section 1121(a) in such fiscal year. 
(b) ALLOCATION TO STATES.— 
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(1) STATE-BY-STATE
ALLOCATION.—Of the 
amount appropriated to carry out this title for each 
fiscal year pursuant to section 311(a), and not 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 (20 U.S.C. 6311 et 
seq.) for the previous fiscal year relative to the total 
amount received by all local educational agencies in 
every State under such part for such fiscal year. 
(2) STATE ADMINISTRATION.—A State may re-
serve up to 1 percent of its allocation under para-
graph (1) to carry out its responsibilities under this 
title, which include— 
(A) providing technical assistance to local 
educational agencies; 
(B) developing a database that includes an 
inventory of public school facilities in the State, 
including for each, its design, condition, mod-
ernization, renovation and repair needs, usage, 
utilization, energy use, and carbon footprint; 
and 
(C) developing a school energy efficiency 
quality plan. 
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(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 (20 U.S.C. 6312(a)) shall receive 
an amount in proportion to the amount received by 
such local educational agency under part A of title 
I of that Act (20 U.S.C. 6311 et seq.) for the pre-
vious fiscal year relative to the total amount received 
by all local educational agencies in the State under 
such part for such fiscal year, except that no local 
educational agency that received funds under 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 
(20 U.S.C. 6332(c)(3)) 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) 
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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. 
SEC. 103. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this title shall use the grant for modernization, renovation, 
or repair of public school facilities, including, where appli-
cable, early learning facilities— 
(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 
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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); 
(5) abatement, removal, or interim controls of 
asbestos, polychlorinated biphenyls, mold, mildew, or 
lead-based paint hazards; 
(6) measures designed to reduce or eliminate 
human exposure to classroom noise and environ-
mental noise pollution; 
(7) modernizations, renovations, or repairs nec-
essary to reduce the consumption of coal, electricity, 
land, natural gas, oil, or water; 
(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-
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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, including, where applicable, early learning 
facilities, based on their need for such improvements, to 
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be safe, healthy, high-performing, and up-to-date techno-
logically. 
SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES. 
(a) IN GENERAL.—Of the amount appropriated to 
carry out this title for each fiscal year pursuant to section 
311(b), the Secretary shall allocate to local educational 
agencies in Louisiana, Mississippi, and Alabama an 
amount equal to the infrastructure damage inflicted on 
public school facilities in each such district by Hurricane 
Katrina or Hurricane Rita in 2005 relative to the total 
of such infrastructure damage so inflicted in all such dis-
tricts, combined. 
(b) DISTRIBUTION BY SECRETARY.—The Secretary 
shall determine and distribute the allocations described in 
subsection (a) not later than 60 days after an appropria-
tion of funds for this title is made. 
SEC. 203. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this title shall use the grant for one or more of the activi-
ties described in section 103, except that an agency receiv-
ing a grant under this title also may use the grant for 
the construction of new public school facilities. 
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TITLE III—GENERAL 
PROVISIONS 
SEC. 301. IMPERMISSIBLE USES OF FUNDS. 
No funds received under this Act may be used for— 
(1) payment of maintenance costs; 
(2) stadiums or other facilities primarily used 
for athletic contests or exhibitions or other events 
for which admission is charged to the general public; 
(3) improvement or construction of facilities the 
purpose of which is not the education of children, in-
cluding central office administration or operations or 
logistical support facilities; or 
(4) purchasing carbon offsets. 
SEC. 302. SUPPLEMENT, NOT SUPPLANT. 
A local educational agency receiving a grant under 
this Act shall use such Federal funds only to supplement 
and not supplant the amount of funds that would, in the 
absence of such Federal funds, be available for moderniza-
tion, renovation, repair, and construction of public school 
facilities. 
SEC. 303. PROHIBITION REGARDING STATE AID. 
A State shall not take into consideration payments 
under this Act in determining the eligibility of any local 
educational agency in that State for State aid, or the 
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