(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. 205. 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. 206. 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, 
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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. 
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SEC. 207. 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. 208. 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 
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(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. 209. 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 
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(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 2012, 50 percent; 
(2) in fiscal year 2013, 60 percent; 
(3) in fiscal year 2014, 70 percent; 
(4) in fiscal year 2015, 80 percent; 
(5) in fiscal year 2016, 90 percent; and 
(6) in fiscal year 2017, 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 
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