118 
SEC. 323. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this chapter shall use the grant for one or more of the activi-
ties described in section 313, except that an agency receiv-
ing a grant under this chapter also may use the grant for 
the construction of new public school facilities. 
CHAPTER 3—GENERAL PROVISIONS 
SEC. 331. IMPERMISSIBLE USES OF FUNDS. 
No funds received under this subtitle may be used for— 
(1) payment of maintenance costs, including 
routine repairs classified as current expenditures 
under State or local law; 
(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. 332. SUPPLEMENT, NOT SUPPLANT. 
A local educational agency receiving a grant under 
this subtitle 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-
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tion, renovation, repair, and construction of public school 
facilities. 
SEC. 333. PROHIBITION REGARDING STATE AID. 
A State shall not take into consideration payments 
under this subtitle 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. 334. MAINTENANCE OF EFFORT. 
(a) IN GENERAL.—A local educational agency may re-
ceive a grant under this subtitle 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 agen-
cy for the preceding fiscal year was not less than 90 percent 
of the combined fiscal effort or aggregate expenditures for 
the second preceding fiscal year. 
(b) REDUCTION IN CASE OF FAILURE TO MEET MAIN-
TENANCE OF EFFORT REQUIREMENT.— 
(1) IN GENERAL.—The State educational agency 
shall reduce the amount of a local educational agen-
cy’s grant in any fiscal year in the exact proportion 
by which a local educational agency fails to meet the 
requirement of subsection (a) by falling below 90 per-
cent of both the combined fiscal effort per student and 
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aggregate expenditures (using the measure most favor-
able to the local agency). 
(2) SPECIAL RULE.—No such lesser amount shall 
be used for computing the effort required under sub-
section (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. 335. SPECIAL RULE ON CONTRACTING. 
Each local educational agency receiving a grant under 
this subtitle 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 max-
imum number of qualified bidders, including local, small, 
minority, and women- and veteran-owned businesses, 
through full and open competition. 
SEC. 336. USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS. 
(a) IN GENERAL.—None of the funds appropriated or 
otherwise made available by this subtitle may be used for 
a project for the modernization, renovation, repair, or con-
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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 inconsistent 
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 percent. 
(c) PUBLICATION OF JUSTIFICATION.—If the Secretary 
determines that it is necessary to waive the application 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. 
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SEC. 337. LABOR STANDARDS. 
The grant programs under this subtitle are applicable 
programs (as that term is defined in section 400 of the Gen-
eral Education Provisions Act (20 U.S.C. 1221)) subject to 
section 439 of such Act (20 U.S.C. 1232b). 
SEC. 338. CHARTER SCHOOLS. 
(a) IN GENERAL.—A local educational agency receiv-
ing an allocation under this subtitle shall reserve an 
amount of that allocation for charter schools within its ju-
risdiction for modernization, renovation, repair, and con-
struction 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 counted under section 1113(a)(5) of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6313(a)(5)) 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, expects 
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, renova-
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tion, repair, or construction, as determined by the local edu-
cational agency in consultation with charter school admin-
istrators. 
(d) EXCESS FUNDS.—After the consultation described 
in subsection (c), if the local educational agency determines 
that the amount of funds reserved under subsection (a) ex-
ceeds the modernization, renovation, repair, and construc-
tion 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 subtitle and is 
not required to carry over such funds to the following fiscal 
year for use for charter schools. 
SEC. 339. GREEN SCHOOLS. 
(a) IN GENERAL.—Of the funds appropriated for a 
given fiscal year and made available to a local educational 
agency to carry out this subtitle, the local educational agen-
cy shall use not less than the applicable percentage (de-
scribed in subsection (b)) of such funds for public school 
modernization, renovation, repair, or construction that are 
certified, verified, or consistent with any applicable provi-
sions of— 
(1) the LEED Green Building Rating System; 
(2) Energy Star; 
(3) the CHPS Criteria; 
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(4) Green Globes; or 
(5) an equivalent program adopted by the State, 
or another jurisdiction with authority over the local 
educational agency, that includes a verifiable method 
to demonstrate compliance with such program. 
(b) APPLICABLE PERCENTAGES.—The applicable per-
centage described in subsection (a) is— 
(1) for funds appropriated in fiscal year 2010, 
50 percent; and 
(2) for funds appropriated in fiscal year 2011, 
75 percent. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to prohibit a local educational agency 
from using sustainable, domestic hardwood lumber as 
ascertained through the forest inventory and analysis pro-
gram of the Forest Service of the Department of Agriculture 
under the Forest and Rangeland Renewable Resources Re-
search Act of 1978 (16 U.S.C. 1641 et seq.) for public school 
modernization, renovation, repairs, or construction. 
(d) 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 local 
educational agencies concerning the best practices in school 
modernization, renovation, repair, and construction, in-
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cluding those related to student academic achievement, stu-
dent and staff health, energy efficiency, and environmental 
protection. 
SEC. 340. REPORTING. 
(a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 
Local educational agencies receiving a grant under this sub-
title shall annually compile a report describing the projects 
for which such funds were used, including— 
(1) the number and identity of public schools in 
the agency, including the number of charter schools, 
and for each school, the total number of students, and 
the number of students counted under section 
1113(a)(5) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6313(a)(5)); 
(2) the total amount of funds received by the 
local educational agency under this subtitle, and for 
each public school in the agency, including each char-
ter school, the amount of such funds expended, and 
the types of modernization, renovation, repair, or con-
struction projects for which such funds were used; 
(3) the number of students impacted by such 
projects, including the number of students so im-
pacted who are counted under section 1113(a)(5) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6313(a)(5)); 
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(4) 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 Sta-
tistics and the percentage of funds received by the 
agency under chapter 1 or chapter 2 of this subtitle 
that were used for projects at such schools; 
(5) 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 percent-
age of funds received by the agency under chapter 1 
or chapter 2 of this subtitle that were used for projects 
at such schools; 
(6) for each project— 
(A) the cost; 
(B) the standard described in section 339(a) 
with which the use of the funds complied or, if 
the use of funds did not comply with a standard 
described in section 339(a), the reason such 
funds were not able to be used in compliance 
with such standards and the agency’s efforts to 
use such funds in an environmentally sound 
manner; and 
(C) any demonstrable or expected benefits as 
a result of the project (such as energy savings, 
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improved indoor environmental quality, student 
and staff health, including the reduction of the 
incidence and effects of asthma and other res-
piratory illnesses, and improved climate for 
teaching and learning); and 
(7) 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 compile 
such information and report it annually to the Sec-
retary; and 
(2) make the report described in subsection (a) 
publicly available, including on the agency’s website. 
(c) REPORTS BY SECRETARY.—Not later than March 
31 of each fiscal year, the Secretary shall submit to the 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, 
Labor and Pensions of the Senate, and make available on 
the Department of Education’s website, a report on grants 
made under this subtitle, including the information from 
the reports described in subsection (b)(1). 
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SEC. 341. SPECIAL RULES. 
Notwithstanding any other provision of this subtitle, 
none of the funds authorized by this subtitle 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 back-
ground check on all employees of the agency. 
SEC. 342. PROMOTION OF EMPLOYMENT EXPERIENCES. 
The Secretary of Education, in consultation with the 
Secretary of Labor, shall work with recipients of funds 
under this subtitle to promote appropriate opportunities to 
gain employment experience working on modernization, 
renovation, repair, and construction projects funded under 
this subtitle for— 
(1) participants in a YouthBuild program (as 
defined in section 173A of the Workforce Investment 
Act of 1998 (29 U.S.C. 2918a)); 
(2) individuals enrolled in the Job Corps pro-
gram carried out under subtitle C of title I of the 
Workforce Investment Act of 1998 (29 U.S.C. 2881 et 
seq.); 
(3) individuals enrolled in a junior or commu-
nity college (as defined in section 312(f) of the Higher 
Education Act of 1965 (20 U.S.C. 1088(f))) certificate 
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or degree program relating to projects described in 
section 339(a); and 
(4) participants in preapprenticeship programs 
that have direct linkages with apprenticeship pro-
grams that are registered with the Department of 
Labor or a State Apprenticeship Agency under the 
National Apprenticeship Act of 1937 (29 U.S.C. 50 et 
seq.). 
SEC. 343. ADVISORY COUNCIL ON GREEN, HIGH-PER-
FORMING PUBLIC SCHOOL FACILITIES. 
(a) ESTABLISHMENT
OF ADVISORY COUNCIL.—The 
Secretary shall establish an advisory council to be known 
as the ‘‘Advisory Council on Green, High-Performing Pub-
lic School Facilities’’ (in this section referred to as the ‘‘Ad-
visory Council’’) which shall be composed of— 
(1) appropriate officials from the Department of 
Education; 
(2) representatives of the academic, architectural, 
business, 
education, 
engineering, 
environmental, 
labor, and scientific communities; and 
(3) such other representatives as the Secretary 
deems appropriate. 
(b) DUTIES OF ADVISORY COUNCIL.— 
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(1) ADVISORY DUTIES.—The Advisory Council 
shall advise the Secretary on the impact of green, 
high-performing schools, on— 
(A) teaching and learning; 
(B) health; 
(C) energy costs; 
(D) environmental impact; and 
(E) other areas that the Secretary and the 
Advisory Council deem appropriate. 
(2) OTHER DUTIES.—The Advisory Council shall 
assist the Secretary in— 
(A) making recommendations on Federal 
policies to increase the number of green, high- 
performing schools; 
(B) identifying Federal policies that are 
barriers to helping States and local educational 
agencies make green, high-performing schools; 
(C) providing technical assistance and out-
reach to States and local educational agencies 
under section 339(d); and 
(D) providing the Secretary such other as-
sistance as the Secretary deems appropriate. 
(c) CONSULTATION.—In carrying out its duties under 
subsection (b), the Advisory Council shall consult with the 
Chair of the Council on Environmental Quality and the 
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heads of appropriate Federal agencies, including the Sec-
retary of Commerce, the Secretary of Energy, the Secretary 
of Health and Human Services, the Secretary of Labor, the 
Administrator of the Environmental Protection Agency, 
and the Administrator of the General Services Administra-
tion (through the Office of Federal High-Performance Green 
Buildings). 
SEC. 344. EDUCATION REGARDING PROJECTS. 
A local educational agency receiving funds under this 
subtitle may encourage schools at which projects are under-
taken with such funds to educate students about the project, 
including, as appropriate, the functioning of the project 
and its environmental, energy, sustainability, and other 
benefits. 
SEC. 345. AVAILABILITY OF FUNDS. 
(a) CHAPTER 1.—There are authorized to be appro-
priated, and there are appropriated, to carry out chapter 
1 of this subtitle (in addition to any other amounts appro-
priated to carry out such chapter and out of any money 
in 
the 
Treasury 
not 
otherwise 
appropriated), 
$2,020,000,000 for each of fiscal years 2010 and 2011. 
(b) CHAPTER 2.—There are authorized to be appro-
priated, and there are appropriated, to carry out chapter 
2 of this subtitle (in addition to any other amounts appro-
priated to carry out such chapter and out of any money 
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in the Treasury not otherwise appropriated), $30,000,000 
for each of fiscal years 2010 and 2011. 
(c) PROHIBITION ON EARMARKS.—None of the funds 
appropriated under this section may be used for a Congres-
sional earmark as defined in clause 9(d) of rule XXI of the 
Rules of the House of Representatives. 
Subtitle B—Higher Education 
SEC. 351. FEDERAL ASSISTANCE FOR COMMUNITY COLLEGE 
MODERNIZATION AND CONSTRUCTION. 
(a) IN GENERAL.— 
(1) GRANT PROGRAM.—From the amounts made 
available under subsection (i), the Secretary shall 
award grants to States for the purposes of con-
structing new community college facilities and mod-
ernizing, renovating, and repairing existing commu-
nity college facilities. Grants awarded under this sec-
tion shall be used by a State for one or more of the 
following: 
(A) To reduce financing costs of loans for 
new construction, modernization, renovation, or 
repair projects at community colleges (such as 
paying interest or points on such loans). 
(B) To provide matching funds for a com-
munity college capital campaign to attract pri-
vate donations of funds for new construction, 
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modernization, renovation, or repair projects at 
the community college. 
(C) To capitalize a revolving loan fund to 
finance new construction, modernization, renova-
tion, and repair projects at community colleges. 
(2) ALLOCATION.— 
(A) 
DETERMINATION
OF
AVAILABLE 
AMOUNT.—The Secretary shall determine the 
amount available for allocation to each State by 
determining the amount equal to the total num-
ber of students in the State who are enrolled in 
community colleges and who are pursuing a de-
gree or certificate that is not a bachelor’s, mas-
ter’s, professional, or other advanced degree, rel-
ative to the total number of such students in all 
States, combined. 
(B) ALLOCATION.—The Secretary shall allo-
cate to each State selected by the Secretary to re-
ceive a grant under this section an amount equal 
to the amount determined to be available for al-
location to such State under subparagraph (A), 
less any portion of that amount that is subject 
to a limitation under paragraph (3). 
(C) REALLOCATION.—Amounts not allo-
cated under this section to a State because— 
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(i) the State did not submit an appli-
cation under subsection (b); 
(ii) the State submitted an application 
that the Secretary determined did not meet 
the requirements of such subsection; or 
(iii) the State is subject to a limitation 
under paragraph (3) that prevents the State 
from using a portion of the allocation, 
shall be proportionately reallocated under this 
paragraph to the States that are not described in 
clause (i), (ii), or (iii) of this subparagraph. 
(3) GRANT
AMOUNT
LIMITATIONS.—A grant 
awarded to a State under this section— 
(A) to reduce financing costs of loans for 
new construction, modernization, renovation, or 
repair projects at community colleges under 
paragraph (1)(A) shall be for an amount that is 
not more than 25 percent of the total principal 
amount of the loans for which financing costs 
are being reduced; and 
(B) to provide matching funds for a com-
munity college capital campaign under para-
graph (1)(B) shall be for an amount that is not 
more than 25 percent of the total amount of the 
private donations of funds raised through such 
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campaign over the duration of such campaign, 
as such duration is determined by the State in 
the application submitted under subsection (b). 
(4) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this section shall be used to supple-
ment, and not supplant, other Federal, State, and 
local funds that would otherwise be expended to con-
struct new community college facilities or modernize, 
renovate, or repair existing community college facili-
ties. 
(b) APPLICATION.—A State that desires to receive a 
grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information and assurances as the Secretary may re-
quire. Such application shall include a certification by the 
State that the funds provided under this section for the con-
struction of new community college facilities and the mod-
ernization, renovation, and repair of existing community 
college facilities will improve instruction at such colleges 
and will improve the ability of such colleges to educate and 
train students to meet the workforce needs of employers in 
the State. 
(c) USE OF FUNDS BY COMMUNITY COLLEGES.— 
(1) PERMISSIBLE USES OF FUNDS.—Funds made 
available to community colleges through a loan de-
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