105 
(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 
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.—In a given fiscal year, a local edu-
cational agency shall use not less than the applicable per-
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centage (described in subsection (b)) of funds received 
under this subtitle for public school modernization, ren-
ovation, repair, or construction that are certified, verified, 
or consistent 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, that includes 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; and 
(2) in fiscal year 2011, 75 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.) 
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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. 340. REPORTING. 
(a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 
Local educational agencies receiving a grant under this 
subtitle 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 from low-income fami-
lies; 
(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 
charter school, the amount of such funds expended, 
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and the types of modernization, renovation, repair, 
or construction projects for which such funds were 
used; 
(3) the number of students impacted by such 
projects, including the number of students counted 
under section 1113(a)(5) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6313(a)(5)); 
(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 
Statistics and the percentage of funds received by 
the agency under chapter 1 or chapter 2 of this sub-
title 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 per-
centage of funds received by the agency under chap-
ter 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 com-
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plied or, if the use of funds did not comply with 
a standard described in section 339(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; and 
(C) 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 the reduc-
tion of the incidence and effects of asthma and 
other respiratory illnesses, and improved cli-
mate 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 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. 
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(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 avail-
able on the Department of Education’s website, a report 
on grants made under this subtitle, including the informa-
tion from the reports described in subsection (b)(1). 
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 
background 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— 
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(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.); and 
(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 or degree program relating to projects de-
scribed in section 339(a). 
SEC. 343. ADVISORY COUNCIL ON GREEN, HIGH-PER-
FORMING SCHOOLS. 
(a) ESTABLISHMENT OF ADVISORY COUNCIL.—The 
Secretary shall establish an advisory council to be known 
as the ‘‘Advisory Council on Green, High-Performing 
Schools’’ (in this section referred to as the ‘‘Advisory 
Council’’) which shall be composed of— 
(1) appropriate officials from the Department 
of Education; 
(2) representatives of the academic, architec-
tural, business, education, engineering, environ-
mental, labor, and scientific communities; and 
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(3) such other representatives as the Secretary 
deems appropriate. 
(b) DUTIES OF ADVISORY COUNCIL.— 
(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. 
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(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 
heads of appropriate Federal agencies, including the Sec-
retary of Commerce, the Secretary of Energy, the Sec-
retary of Health and Human Services, the Secretary of 
Labor, the Administrator of the Environmental Protection 
Agency, and the Administrator of the General Services 
Administration (through the Office of Federal High-Per-
formance Green Buildings). 
SEC. 344. EDUCATION REGARDING PROJECTS. 
A local educational agency receiving funds under this 
subtitle may encourage schools at which projects are un-
dertaken 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), 
$2,465,000,000 for each of fiscal years 2010 and 2011. 
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(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 
in the Treasury not otherwise appropriated), $35,000,000 
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 Con-
gressional 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 COL-
LEGE 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 
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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, 
modernization, renovation, or repair projects at 
the community college. 
(C) To capitalize a revolving loan fund to 
finance new construction, modernization, ren-
ovation, and repair projects at community col-
leges. 
(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, 
relative to the total number of such students in 
all States, combined. 
(B) ALLOCATION.—The Secretary shall al-
locate to each State selected by the Secretary to 
receive a grant under this section an amount 
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equal to the amount determined to be available 
for allocation 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— 
(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 limita-
tion under paragraph (3) that prevents the 
State from using a portion of the alloca-
tion, 
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 prin-
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cipal 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 campaign over the duration of such cam-
paign, as such duration is determined by the 
State in the application submitted under sub-
section (b). 
(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 
construction of new community college facilities and the 
modernization, renovation, and repair of existing commu-
nity college facilities will improve instruction at such col-
leges and will improve the ability of such colleges to edu-
cate and train students to meet the workforce needs of 
employers in the State. 
(c) USE OF FUNDS BY COMMUNITY COLLEGES.— 
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(1) PERMISSIBLE
USES
OF
FUNDS.—Funds 
made available to community colleges through a loan 
described in subsection (a)(1)(A), a capital campaign 
described in subsection (a)(1)(B), or a loan from a 
revolving loan fund described in subsection (a)(1)(C) 
shall be used only for the construction, moderniza-
tion, renovation, or repair of community college fa-
cilities that are primarily used for instruction, re-
search, or student housing, which may include any 
of the following: 
(A) Repair, replacement, or installation of 
roofs, including extensive, intensive, or semi-in-
tensive green roofs, electrical wiring, water sup-
ply and plumbing systems, sewage systems, 
storm water runoff systems, lighting systems, 
building envelope, windows, ceilings, flooring, or 
doors, including security doors. 
(B) Repair, replacement, or installation of 
heating, ventilation, or air conditioning systems, 
including insulation, and conducting indoor air 
quality assessments. 
(C) Compliance with fire, health, seismic, 
and safety codes, including professional installa-
tion of fire and life safety alarms, and mod-
ernizations, renovations, and repairs that en-
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sure that the community college’s facilities are 
prepared for emergencies, such as improving 
building infrastructure to accommodate security 
measures and installing or upgrading tech-
nology to ensure that the community college is 
able to respond to emergencies such as acts of 
terrorism, campus violence, and natural disas-
ters. 
(D) Retrofitting necessary to increase the 
energy efficiency of the community college’s fa-
cilities. 
(E) Modifications necessary to make facili-
ties accessible in compliance with the Americans 
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). 
(F) Abatement, removal, or interim con-
trols of asbestos, polychlorinated biphenyls, 
mold, mildew, or lead-based hazards, including 
lead-based paint hazards from the community 
college’s facilities. 
(G) Modernization, renovation, or repair 
necessary to reduce the consumption of coal, 
electricity, land, natural gas, oil, or water. 
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(H) Modernization, renovation, and repair 
relating to improving science and engineering 
laboratories, libraries, or instructional facilities. 
(I) Installation or upgrading of educational 
technology infrastructure. 
(J) Installation or upgrading of renewable 
energy generation and heating systems, includ-
ing solar, photovoltaic, wind, biomass (including 
wood pellet and woody biomass), waste-to-en-
ergy, solar-thermal and geothermal systems, 
and energy audits. 
(K) Other modernization, renovation, or 
repair projects that are primarily for instruc-
tion, research, or student housing. 
(L) Required environmental remediation 
related to modernization, renovation, or repair 
described in subparagraphs (A) through (K). 
(2) GREEN SCHOOL REQUIREMENT.—A commu-
nity college receiving assistance through a loan de-
scribed in subsection (a)(1)(A), a capital campaign 
described in subsection (a)(1)(B), or a loan from a 
revolving loan fund described in subsection (a)(1)(C) 
shall use not less than 50 percent of such assistance 
to carry out projects for construction, moderniza-
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tion, renovation, or repair that are certified, verified, 
or consistent with the applicable provisions of— 
(A) the LEED Green Building Rating Sys-
tem; 
(B) Energy Star; 
(C) the CHPS Criteria, as applicable; 
(D) Green Globes; or 
(E) an equivalent program adopted by the 
State or the State higher education agency that 
includes a verifiable method to demonstrate 
compliance with such program. 
(3) PROHIBITED USES OF FUNDS.— 
(A) IN
GENERAL.—No funds awarded 
under this section may be used for— 
(i) payment of maintenance costs; 
(ii) construction, modernization, ren-
ovation, or repair of stadiums or other fa-
cilities primarily used for athletic contests 
or exhibitions or other events for which ad-
mission is charged to the general public; or 
(iii) construction, modernization, ren-
ovation, or repair of facilities— 
(I) used for sectarian instruction, 
religious worship, or a school or de-
partment of divinity; or 
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(II) in which a substantial por-
tion of the functions of the facilities 
are subsumed in a religious mission. 
(B) FOUR-YEAR INSTITUTIONS.—No funds 
awarded to a four-year public institution of 
higher education under this section may be 
used for any facility, service, or program of the 
institution that is not available to students who 
are pursuing a degree or certificate that is not 
a bachelor’s, master’s, professional, or other ad-
vanced degree. 
(d) APPLICATION OF GEPA.—The grant program 
authorized in this section is an applicable program (as 
that term is defined in section 400 of the General Edu-
cation Provisions Act (20 U.S.C. 1221)) subject to section 
439 of such Act (20 U.S.C. 1232b). The Secretary shall, 
notwithstanding section 437 of such Act (20 U.S.C. 1232) 
and section 553 of title 5, United States Code, establish 
such program rules as may be necessary to implement 
such grant program by notice in the Federal Register. 
(e) CONCURRENT FUNDING.—Funds made available 
under this section shall not be used to assist any commu-
nity college that receives funding for the construction, 
modernization, renovation, and repair of facilities under 
any other program under this Act, the Higher Education 
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Act of 1965, or the American Recovery and Reinvestment 
Act of 2009. 
(f) REPORTS BY THE STATES.—Each State that re-
ceives a grant under this section shall, not later than Sep-
tember 30, 2012, and annually thereafter for each fiscal 
year in which the State expends funds received under this 
section, submit to the Secretary a report that includes— 
(1) a description the projects for which the 
grant funding was, or will be, used; 
(2) a list of the community colleges that have 
received, or will receive, assistance from the grant 
through a loan described in subsection (a)(1)(A), a 
capital campaign described in subsection (a)(1)(B), 
or a loan from a revolving loan fund described in 
subsection (a)(1)(C); and 
(3) a description of the amount and nature of 
the assistance provided to each such college. 
(g) REPORT BY THE SECRETARY.—The Secretary 
shall submit to the authorizing committees (as defined in 
section 103 of the Higher Education Act of 1965) an an-
nual report on the grants made under this section, includ-
ing the information described in subsection (f). 
(h) DEFINITIONS.— 
(1) COMMUNITY
COLLEGE.—As used in this 
section, the term ‘‘community college’’ means— 
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(A) a junior or community college, as such 
term is defined in section 312(f) of the Higher 
Education Act of 1965 (20 U.S.C. 1085(f)); or 
(B) a four-year public institution of higher 
education (as defined in section 101 of the 
Higher Education Act of 1965) that awards a 
significant number of degrees and certificates 
that are not— 
(i) bachelor’s degrees (or an equiva-
lent); or 
(ii) master’s, professional, or other 
advanced degrees. 
(2) CHPS CRITERIA.—The term ‘‘CHPS Cri-
teria’’ means the green building rating program de-
veloped by the Collaborative for High Performance 
Schools. 
(3) ENERGY STAR.—The term ‘‘Energy Star’’ 
means the Energy Star program of the United 
States Department of Energy and the United States 
Environmental Protection Agency. 
(4) 
GREEN
GLOBES.—The 
term 
‘‘Green 
Globes’’ means the Green Building Initiative envi-
ronmental design and rating system referred to as 
Green Globes. 
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(5) LEED GREEN BUILDING RATING SYSTEM.— 
The term ‘‘LEED Green Building Rating System’’ 
means the United States Green Building Council 
Leadership in Energy and Environmental Design 
green building rating standard referred to as the 
LEED Green Building Rating System. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(i) AVAILABILITY OF FUNDS.—There are authorized 
to be appropriated, and there are appropriated, to carry 
out this section (in addition to any other amounts appro-
priated to carry out this section and out of any money 
in 
the 
Treasury 
not 
otherwise 
appropriated), 
$2,500,000,000 for fiscal year 2011, which shall remain 
available until expended. 
TITLE IV—EARLY LEARNING 
CHALLENGE FUND 
SEC. 401. PURPOSE. 
The purpose of this title is to provide grants on a 
competitive basis to States for the following: 
(1) To promote standards reform of State early 
learning programs serving children from birth to age 
5 in order to support the healthy development and 
improve the school readiness outcomes of young chil-
dren. 
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(2) To establish a high standard of quality that 
integrates appropriate early learning and develop-
ment standards across early learning settings. 
(3) To fund and implement quality initiatives 
that improve the skills and effectiveness of early 
learning providers, and improve the quality of exist-
ing early learning programs, in order to increase the 
number of disadvantaged children who participate in 
comprehensive and high-quality early learning pro-
grams. 
(4) To ensure that a greater number of dis-
advantaged children enter kindergarten with the cog-
nitive, social, emotional, and physical skills and abili-
ties needed to be successful in school. 
(5) To increase parent’s ability to access com-
prehensive and high quality early learning programs 
across settings for their children. 
SEC. 402. PROGRAMS AUTHORIZED. 
(a) QUALITY PATHWAYS GRANTS.—The Secretary 
shall use funds made available to carry out this title for 
a fiscal year to award grants on a competitive basis to 
States in accordance with section 403. 
(b) DEVELOPMENT GRANTS.—The Secretary shall 
use funds made available to carry out this title for a fiscal 
year to award grants in accordance with section 404 on 
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156 
(4) LIMITED ENGLISH PROFICIENT.—The term 
‘‘limited English proficient’’ has the meaning given 
such term in section 637 of the Head Start Act (42 
U.S.C. 9832). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(6) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
SEC. 409. AVAILABILITY OF FUNDS. 
There are authorized to be appropriated, and there 
are appropriated, to carry out this title (in addition to any 
other amounts appropriated to carry out this title and out 
of any money in the Treasury not otherwise appropriated) 
$1,000,000,000 for each of fiscal years 2010 through 
2019. 
TITLE V—COMMUNITY COLLEGE 
INITIATIVE 
SEC. 501. AUTHORIZATION AND APPROPRIATION. 
(a) AUTHORIZATION
AND APPROPRIATION.—There 
are authorized to be appropriated, and there are appro-
priated, to carry out this title (in addition to any other 
amounts appropriated to carry out this title and out of 
any money in the Treasury not otherwise appropriated), 
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