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 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. 
(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-
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 
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. 
(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-
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; 
(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; 
(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). 
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—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 
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. 
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 
amount of State aid, with respect to free public education 
of children. 
SEC. 304. 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). 
(2) SPECIAL
RULE.—No such lesser amount 
shall be used for computing the effort required 
under subsection (a) 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. 305. 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. 306. USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS. 
(a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this Act may be used for 
a project for the modernization, renovation, repair or con-
struction of a public school facility unless all of the iron, 
steel, and manufactured goods used in the project are pro-
duced in the United States. 
(b) EXCEPTIONS.—Subsection (a) shall not apply in 
any case or category of cases in which the Secretary finds 
that— 
(1) applying subsection (a) would be incon-
sistent with the public interest; 
(2) iron, steel, and the relevant manufactured 
goods are not produced in the United States in suffi-
cient and reasonably available quantities and of a 
satisfactory quality; or
(3) inclusion of iron, steel, and manufactured 
goods produced in the United States will increase 
the cost of the overall project by more than 25 per-
cent. 
(c) PUBLICATION OF JUSTIFICATION.—If the Sec-
retary determines that it is necessary to waive the applica-
tion of subsection (a) based on a finding under subsection 
(b), the Secretary shall publish in the Federal Register 
a detailed written justification of the determination. 
(d) CONSTRUCTION.—This section shall be applied in 
a manner consistent with United States obligations under 
international agreements. 
SEC. 307. LABOR STANDARDS. 
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. 308. CHARTER SCHOOLS. 
(a) IN GENERAL.—A local educational agency receiv-
ing an allocation under this Act shall reserve an amount 
of that allocation for charter schools within its jurisdiction 
for modernization, renovation, repair, and construction of 
charter school facilities. 
(b) DETERMINATION OF RESERVED AMOUNT.—The 
amount to be reserved by a local educational agency under
subsection (a) shall be determined based on the combined 
percentage of students eligible under part A of title I of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.) in the schools of the agency who— 
(1) are enrolled in charter schools; and 
(2) the local educational agency, in consultation 
with the authorized public chartering agency, ex-
pects to be enrolled, during the year with respect to 
which the reservation is made, in charter schools 
that are scheduled to commence operation during 
such year. 
(c) SCHOOL SHARE.—Individual charter schools shall 
receive a share of the amount reserved under subsection 
(a) based on the need of each school for modernization, 
renovation, repair, or construction, as determined by the 
local educational agency in consultation with charter 
school administrators. 
(d) EXCESS FUNDS.—After the consultation de-
scribed in subsection (c), if the local educational agency 
determines that the amount of funds reserved under sub-
section (a) exceeds the modernization, renovation, repair, 
and construction needs of charter schools within the local 
educational agency’s jurisdiction, the agency may use the 
excess funds for other public school facility modernization, 
renovation, repair, or construction consistent with this Act
and is not required to carry over such funds to the fol-
lowing fiscal year for use for charter schools. 
SEC. 309. GREEN SCHOOLS. 
(a) IN GENERAL.—In a given fiscal year, a local edu-
cational agency shall use not less than the applicable per-
centage (described in subsection (b)) of funds received 
under this Act for public school modernization, renovation, 
repairs, 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, which shall include a verifiable 
method to demonstrate compliance with such pro-
gram. 
(b) APPLICABLE
PERCENTAGES.—The applicable 
percentage described in subsection (a) is— 
(1) in fiscal year 2010, 50 percent; 
(2) in fiscal year 2011, 60 percent; 
(3) in fiscal year 2012, 70 percent; 
(4) in fiscal year 2013, 80 percent; 
(5) in fiscal year 2014, 90 percent; and
(6) in fiscal year 2015, 100 percent. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a local educational 
agency from using sustainable, domestic hardwood lumber 
as ascertained through the forest inventory and analysis 
program of the Forest Service of the Department of Agri-
culture under the Forest and Rangeland Renewable Re-
sources Research Act of 1978 (16 U.S.C. 1641 et seq.) 
for public school modernization, renovation, repairs, or 
construction. 
(d) TECHNICAL ASSISTANCE.—The Secretary, in 
consultation with the Secretary of Energy and the Admin-
istrator of the Environmental Protection Agency, shall 
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. 310. 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 
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 (20 U.S.C. 6314) and the per-
centage of funds received 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 
309(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 309(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 and 
renewable materials; 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, 
student and staff health (including with ref-
erence to reducing the incidence and effects of 
asthma and other respiratory illnesses), im-
proved 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, and make 
available on the Department of Education’s website, a re-
port on grants made under this Act, including the infor-
mation described in subsection (b)(1), the types of mod-
ernization, renovation, repair, and construction funded, 
and the number of students impacted, including the num-
ber of students counted under section 1113(a)(5) of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6313(a)(5)).
SEC. 311. 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 
2010 and such sums as may be necessary for each of fiscal 
years 2011 through 2015. 
(b) TITLE II.—To carry out title II, there are author-
ized to be appropriated $100,000,000 for each of fiscal 
years 2010 through 2015. 
(c) PROHIBITION ON EARMARKS.—None of the funds 
appropriated under this section may be used for a Con-
gressional earmark as defined in clause 9(d) of rule XXI 
of the Rules of the House of Representatives. 
SEC. 312. 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. 
SEC. 313. YOUTHBUILD PROGRAMS. 
The Secretary of Education, in consultation with the 
Secretary of Labor, shall work with recipients of funds 
under this Act to promote appropriate opportunities for 
participants in a YouthBuild program (as defined in sec-
tion 173A of the Workforce Investment Act of 1998 (29 
U.S.C. 2918a)) to gain employment experience on mod-
ernization, renovation, repair, and construction projects 
funded under this Act. 
SEC. 314. EVALUATION. 
(a) EVALUATION.— 
(1) IN
GENERAL.—The Secretary shall enter 
into an agreement with the Institute of Educational 
Sciences of the Department of Education to evaluate 
the impact of projects funded under this Act on stu-
dent academic achievement, including a comparison 
of students attending public schools receiving fund-
ing under this Act with students attending public 
schools that are not receiving such funding. 
(2) RESEARCH DESIGN; DISSEMINATION.—The 
Secretary, through a grant, contract, or cooperative 
agreement, shall— 
(A) ensure that the evaluation described in 
paragraph (1) is conducted using the strongest 
possible research design for determining the ef-
fectiveness of the projects funded under this 
Act; and 
(B) disseminate information on the impact 
of the projects in increasing the academic 
achievement of students.
(b) REPORT.—Not later than 1 year after the final 
year for which a grant is made under this Act, the Sec-
retary shall submit to the Committee on Appropriations, 
and the Committee on Education and Labor, of the House 
of Representatives, and the Committee on Appropriations, 
and the Committee on Health, Education, Labor, and 
Pensions, of the Senate, a report on the results of the eval-
uation described in subsection (a). 
(c) PUBLIC AVAILABILITY.—Following the submis-
sion of the report under subsection (b), all reports and 
underlying data gathered pursuant to this section shall be 
made available, in a timely manner, to the public upon 
request. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to permit the disclosure of any per-
sonally identifiable information regarding a student, ex-
cept to the parents of the student. 
(e) LIMIT ON AMOUNT EXPENDED.—The amount ex-
pended by the Secretary to carry out this section for a 
fiscal year shall not exceed 0.5 percent of the total amount 
appropriated to carry out this Act for such fiscal year. 
SEC. 315. ADVISORY COUNCIL ON GREEN, HIGH-PER-
FORMING SCHOOLS. 
(a) ESTABLISHMENT OF ADVISORY COUNCIL.— The 
Secretary shall establish an advisory council to be known