I 
112TH CONGRESS 
1ST SESSION H. R. 3490 
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 
NOVEMBER 18, 2011 
Mr. CHANDLER (for himself and Mr. LOEBSACK) introduced the following bill; 
which was referred to the Committee on Education and the Workforce 
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’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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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—GENERAL PROVISIONS 
Sec. 201. Impermissible uses of funds. 
Sec. 202. Supplement, not supplant. 
Sec. 203. Prohibition regarding State aid. 
Sec. 204. Maintenance of effort. 
Sec. 205. Special rule on contracting. 
Sec. 206. Use of American iron, steel, and manufactured goods. 
Sec. 207. Labor standards. 
Sec. 208. Charter schools. 
Sec. 209. Green schools. 
Sec. 210. Reporting. 
Sec. 211. Authorization of appropriations. 
Sec. 212. Special rules. 
Sec. 213. Youthbuild programs. 
Sec. 214. Evaluation. 
Sec. 215. Advisory Council on Green, High-Performing Schools. 
Sec. 216. Job Corps. 
Sec. 217. Junior and community college students. 
Sec. 218. GAO study. 
Sec. 219. Education regarding projects. 
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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this title for each fiscal year pursuant to section 
211(a), the Secretary shall reserve 5 percent of such 
amount for grants to— 
(A) local educational agencies serving geo-
graphic areas with significant economic distress, 
to be used consistent with the purpose de-
scribed in section 101 and the allowable uses of 
funds described in section 103; and 
(B) local educational agencies serving geo-
graphic areas recovering from a natural dis-
aster, to be used consistent with the purpose 
described in section 101 and the allowable uses 
of funds described in section 103. 
(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 211(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. 
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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, which include— 
(A) providing technical assistance to local 
educational agencies; 
(B) developing an online, publicly search-
able database that includes an inventory of pub-
lic school facilities in the State, including for 
each, its design, condition, modernization, ren-
ovation and repair needs, usage, utilization, en-
ergy use, and carbon footprint; and 
(C) creating voluntary guidelines for high- 
performing school buildings, including guide-
lines concerning the following: 
(i) Site location, storm water manage-
ment, outdoor surfaces, outdoor lighting, 
and transportation (location near public 
transit and easy access for pedestrians and 
bicycles). 
(ii) Outdoor water systems, land-
scaping to minimize water use, including 
elimination of irrigation systems for land-
scaping, and indoor water use reduction. 
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(iii) Energy efficiency (including min-
imum and superior standards, such as for 
heating, ventilation, and air conditioning 
systems), use of alternative energy sources, 
commissioning, and training. 
(iv) Use of durable, sustainable mate-
rials and waste reduction. 
(v) Indoor environmental quality, such 
as day lighting in classrooms, lighting 
quality, indoor air quality (including with 
reference to reducing the incidence and ef-
fects of asthma and other respiratory ill-
nesses), acoustics, and thermal comfort. 
(vi) Operations and management, 
such as use of energy efficient equipment, 
indoor environmental management plan, 
maintenance plan, and pest management. 
(3) GRANTS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.— 
(A) IN GENERAL.—From the amount allo-
cated to a State under paragraph (1), each eli-
gible local educational agency in the State shall 
receive an amount in proportion to the amount 
received by such local educational agency under 
part A of title I of the Elementary and Sec-
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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 edu-
cational agencies in the State under such part 
for such fiscal year, except that no local edu-
cational agency that received funds under 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. 
(B) ELIGIBLE LOCAL EDUCATIONAL AGEN-
CY.—For purposes of subparagraph (A), the 
term ‘‘eligible local educational agency’’ means 
a local educational agency that— 
(i) meets the requirements for— 
(I) a local educational agency 
plan under section 1112(a) of the Ele-
mentary and Secondary Education 
Act of 1965 (20 U.S.C. 6312(a)); 
(II) public school choice under 
section 1116(b)(1)(E) of the Elemen-
tary and Secondary Education Act of 
1965 (20 U.S.C. 6316(b)(1)(E)); 
(III) transportation funding for 
public school choice under section 
1116(b)(9) of the Elementary and 
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Secondary Education Act of 1965 (20 
U.S.C. 6316(b)(9)); 
(IV) 
supplemental 
educational 
services 
funding 
under 
section 
1116(b)(10) of the Elementary and 
Secondary Education Act of 1965 (20 
U.S.C. 6316(b)(10)); 
(V) 
supplemental 
educational 
services under section 1116(e) of the 
Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6316(e)); 
(VI) private school participation 
under section 9501 of the Elementary 
and Secondary Education Act of 1965 
(20 U.S.C. 7881); and 
(VII) armed forces recruiter ac-
cess under section 9528 of the Ele-
mentary and Secondary Education 
Act of 1965 (20 U.S.C. 7908); and 
(ii) conducts an independent audit by 
a third-party entity, and is certified by the 
State, substantiating the overall condition 
of the public school facilities and the need 
for modernization, renovation, or repair. 
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(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) 
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, including— 
(1) repairing, replacing, or installing roofs, in-
cluding extensive, intensive or semi-intensive green 
roofs, electrical wiring, water supply and plumbing 
systems, sewage systems, storm water runoff sys-
tems, lighting systems, or components of such sys-
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tems, building envelope, windows, ceilings, flooring, 
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, seismic, and safety codes, including pro-
fessional installation of fire/life safety alarms, in-
cluding modernizations, renovations, and repairs 
that ensure that schools are prepared for emer-
gencies, such as improving building infrastructure to 
accommodate security measures and installing or up-
grading technology to ensure that schools are able to 
respond to emergencies such as acts of terrorism, 
campus violence, and natural disasters; 
(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 hazards, including lead-based paint haz-
ards; 
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(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-
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, woody 
biomass, waste-to-energy, and solar-thermal systems 
or components of such systems, and energy audits; 
(11) measures designed to reduce or eliminate 
human exposure to airborne particles such as dust, 
sand, and pollens; 
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(12) creating greenhouses, gardens (including 
trees), and other facilities for environmental, sci-
entific, or other educational purposes, or to produce 
energy savings; 
(13) upgrading or installing recreational struc-
tures, including physical education facilities for stu-
dents, made from post consumer recovered materials 
in accordance with the comprehensive procurement 
guidelines prepared by the Administrator of the En-
vironmental 
Protection 
Agency 
under 
section 
6002(e) of the Solid Waste Disposal Act (42 U.S.C. 
6962(e)); 
(14) 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 
(15) required environmental remediation related 
to public school modernization, renovation, or repair 
described in paragraphs (1) through (14). 
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SEC. 104. PRIORITY PROJECTS. 
In selecting a project under section 103, a local edu-
cational agency may give priority to projects involving the 
abatement, removal, or interim controls of asbestos, poly-
chlorinated biphenyls, mold, mildew, lead-based hazards, 
including lead-based paint hazards, or a proven car-
cinogen. 
TITLE II—GENERAL PROVISIONS 
SEC. 201. 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. 202. 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. 
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SEC. 203. 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. 204. 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 
MAINTENANCE OF EFFORT REQUIREMENT.— 
(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) by falling 
below 90 percent of both the combined fiscal effort 
per student and aggregate expenditures (using the 
measure most favorable to the local agency). 
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provide outreach and technical assistance to States and 
local educational agencies concerning the best practices in 
school modernization, renovation, repair, and construc-
tion, including those related to student academic achieve-
ment, student and staff health, energy efficiency, and envi-
ronmental protection. 
SEC. 210. 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, and for 
each, in the aggregate, the number of students from 
low-income families; 
(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 
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