I
106TH CONGRESS
1ST SESSION
H. R. 3143
To establish the High Performance Schools Program in the Department
of Education and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 25, 1999
Mr. UDALL of Colorado (for himself and Mr. GEORGE MILLER of California)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
A BILL
To establish the High Performance Schools Program in the
Department of Education 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.
This Act may be cited as the ‘‘High Performance
Schools Act of 1999’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) American K–12 schools spend over $6 bil-
lion annually on energy costs which is more than is
spent on books and computers combined.
(2) Educators teach and students learn best in
an environment that is comfortable, healthy, natu-
rally lit where possible, and in good repair and stud-
ies have indicated that student achievement is great-
er and attendance higher when those conditions are
met.
(3) Over half of our nation’s K–12 schools are
more than 40 years old and in need of renovation to
reach such standard of efficiency and comfort and
6,000 new schools will be required over the next 10
years to accommodate the growing number of stu-
dents.
(4) Inadequate ventilation in school buildings,
poor lighting and acoustical quality, and uncomfort-
able temperatures can diminish students’ capacity to
concentrate and excel.
(5) Inefficient use of water, either in consump-
tion or from poorly maintained systems, is prevalent
in older schools.
(6) Using a whole building approach in the de-
sign of new schools and the renovation of existing
schools—considering how materials, systems, and
products connect and overlap and also how a school
is integrated on its site and within the surrounding
community—will result in high performance school
buildings.
(7) Adoption of whole building concepts has
been shown to result in dramatic improvements in
student and teacher performance.
(8) Adopting a whole building approach usually
results in a lower life-cycle cost for the school build-
ing than for a conventionally designed and built
building.
(9) Systematic use of energy conservation in
school construction and renovation projects can save
at least one quarter of current energy costs, leaving
more money for teachers and educational materials.
(10) The use of renewable energy sources such
as daylighting, passive solar heating, photovoltaics,
wind, geothermal, hydropower, and biomass power in
a building already designed to be low-energy can
help meet the building’s energy needs without added
emissions.
(11) Using environmentally preferable products
and providing for adequate supplies of fresh air will
improve indoor air quality and provide healthful
school buildings.
(12) Most school districts do not have the
knowledge of cutting-edge design and technologies to
implement optimum efficiency into new school con-
struction or into school renovations.
(13) Congress is currently considering legisla-
tion that will help school districts build new schools
and renovate existing schools.
(b) PURPOSE.—It is the purpose of this Act to assist
school districts in the production of high performance ele-
mentary and secondary school buildings that are healthful,
productive, energy efficient, and environmentally sound.
SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.
(a) ESTABLISHMENT.—There is established in the
Department of Education the High Performance Schools
Program (hereafter in this Act referred to as the ‘‘Pro-
gram’’).
(b) IN GENERAL.—The Secretary of Education may,
through the Program, make grants—
(1) to be provided to school districts to imple-
ment the purpose of this Act;
(2) to administer the program of assistance to
school districts pursuant to this Act; and
(3) to promote participation by school districts
in the program established by this Act.
(c) GRANTS TO ASSIST SCHOOL DISTRICTS.—Grants
under subsection (b)(1) shall be used to achieve energy
efficiency performance not less than 30 percent beyond the
levels prescribed in the 1998 International Energy Con-
servation Code as it is in effect for new construction and
existing buildings. Grants under such subsection shall be
made to school districts that—
(1) have demonstrated a need for such grants
in order to respond appropriately to increasing ele-
mentary and secondary school enrollments or to
make major investments in renovation of school fa-
cilities;
(2) have demonstrated that the districts do not
have adequate funds to respond appropriately to
such enrollments or achieve such investments with-
out assistance; and
(3) have made a commitment to use the grant
funds to develop high performance school buildings
in accordance with the plan developed and approved
pursuant to subsection (e)(1).
(d) OTHER GRANTS.—
(1) GRANTS
FOR
ADMINISTRATION.—Grants
under subsection (b)(2) shall be used to evaluate
compliance by school districts with requirements of
this Act and in addition may be used for—
(A) distributing information and materials
to clearly define and promote the development
of high performance school buildings for both
new and existing facilities;
(B) organizing and conducting programs
for school board members, school district per-
sonnel, architects, engineers, and others to ad-
vance the concepts of high performance school
buildings;
(C) obtaining technical services and assist-
ance in planning and designing high perform-
ance school buildings; and
(D) collecting and monitoring data and in-
formation pertaining to the high performance
school building projects.
(2) GRANTS
TO
PROMOTE
PARTICIPATION.—
Grants under subsection (b)(3) may be used for pro-
motional and marketing activities, including facili-
tating private and public financing, promoting the
use of energy service companies, working with school
administrations, students, and communities, and co-
ordinating public benefit programs.
(e) IMPLEMENTATION.—
(1) PLANS.—Grants under subsection (b) shall
be provided only to school districts that, in consulta-
tion with State offices of energy and education, have
developed plans that the State agency designated by
the Governor of the State determines to be feasible
and appropriate in order to the achieve the purposes
for which such grants were made.
(2) 
SUPPLEMENTING
GRANT
FUNDS.—The
State agency referred to in paragraph (1) shall en-
courage qualifying school districts to supplement
their grant funds with funds from other sources in
the implementation of their plans.
SEC. 4. ALLOCATION OF FUNDS.
(a) GOVERNORS.—Except as provided in subsection
(c), funds appropriated for the implementation of this Act
shall be provided to the Governors of the States. Each
Governor shall determine the appropriate State agency to
administer the program of assistance to school districts
under this Act.
(b) PURPOSES.—Except as provided in subsection
(c), funds appropriated under section 5 shall be allocated
as follows:
(1) Seventy percent shall be used to make
grants under section 3(b)(1).
(2) Fifteen percent shall be used to make
grants under section 3(b)(2).
(3) Fifteen percent shall be used to make
grants under section 3(b)(3).