IIB 
111TH CONGRESS 
1ST SESSION H. R. 2187 
IN THE SENATE OF THE UNITED STATES 
MAY 18, 2009 
Received; read twice and referred to the Committee on Health, Education, 
Labor, and Pensions 
AN ACT 
To direct the Secretary of Education to make grants to 
State educational agencies for the modernization, renova-
tion, or repair of public school facilities, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘21st Century Green High-Performing Public School Fa-
cilities Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—GRANTS FOR MODERNIZATION, RENOVATION, OR 
REPAIR OF PUBLIC SCHOOL FACILITIES 
Sec. 101. Purpose. 
Sec. 102. Allocation of funds. 
Sec. 103. Allowable uses of funds. 
Sec. 104. Priority projects. 
TITLE II—SUPPLEMENTAL GRANTS FOR LOUISIANA, MISSISSIPPI, 
AND ALABAMA 
Sec. 201. Purpose. 
Sec. 202. Allocation to local educational agencies. 
Sec. 203. Allowable uses of funds. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Impermissible uses of funds. 
Sec. 302. Supplement, not supplant. 
Sec. 303. Prohibition regarding State aid. 
Sec. 304. Maintenance of effort. 
Sec. 305. Special rule on contracting. 
Sec. 306. Use of American iron, steel, and manufactured goods. 
Sec. 307. Labor standards. 
Sec. 308. Charter schools. 
Sec. 309. Green schools. 
Sec. 310. Reporting. 
Sec. 311. Authorization of appropriations. 
Sec. 312. Special rules. 
Sec. 313. Youthbuild programs. 
Sec. 314. Evaluation. 
Sec. 315. Advisory Council on Green, High-Performing Schools. 
Sec. 316. Job Corps. 
Sec. 317. Junior and community college students. 
Sec. 318. GAO study. 
Sec. 319. Education regarding projects. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) The term ‘‘Bureau-funded school’’ has the 
meaning given to such term in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 2021). 
(2) The term ‘‘charter school’’ has the meaning 
given such term in section 5210 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7221). 
(3) The term ‘‘CHPS Criteria’’ means the 
green building rating program developed by the Col-
laborative for High Performance Schools. 
(4) The term ‘‘Energy Star’’ means the Energy 
Star program of the United States Department of 
Energy and the United States Environmental Pro-
tection Agency. 
(5) The term ‘‘Green Globes’’ means the Green 
Building Initiative environmental design and rating 
system referred to as Green Globes. 
(6) 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 
LEED Green Building Rating System. 
(7) The term ‘‘local educational agency’’— 
(A) has the meaning given to that term in 
section 9101 of the Elementary and Secondary 
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Education Act of 1965 (20 U.S.C. 7801), and 
shall also include the Recovery School District 
of Louisiana and the New Orleans Public 
Schools; and 
(B) includes any public charter school that 
constitutes a local educational agency under 
State law. 
(8) The term ‘‘outlying area’’— 
(A) means the United States Virgin Is-
lands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands; 
and 
(B) includes the freely associated states of 
the Republic of the Marshall Islands, the Fed-
erated States of Micronesia, and the Republic 
of Palau. 
(9) The term ‘‘public school facilities’’ means 
an existing public school facility, including a public 
charter school facility, or another existing facility 
planned for adaptive reuse as such a school facility. 
(10) The term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
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TITLE 
I—GRANTS 
FOR 
MOD-
ERNIZATION, 
RENOVATION, 
OR 
REPAIR 
OF 
PUBLIC 
SCHOOL FACILITIES 
SEC. 101. PURPOSE. 
Grants under this title shall be for the purpose of 
modernizing, renovating, or repairing public school facili-
ties, based on their need for such improvements, to be 
safe, healthy, high-performing, and up-to-date techno-
logically. 
SEC. 102. ALLOCATION OF FUNDS. 
(a) RESERVATION.— 
(1) IN
GENERAL.—From the amount appro-
priated to carry out this title for each fiscal year 
pursuant to section 311(a), the Secretary shall re-
serve 2 percent of such amount, consistent with the 
purpose described in section 101— 
(A) to provide assistance to the outlying 
areas; and 
(B) for payments to the Secretary of the 
Interior to provide assistance to Bureau-funded 
schools. 
(2) USE OF RESERVED FUNDS.—In each fiscal 
year, the amount reserved under paragraph (1) shall 
be divided between the uses described in subpara-
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graphs (A) and (B) of such paragraph in the same 
proportion as the amount reserved under section 
1121(a) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6331(a)) is divided 
between the uses described in paragraphs (1) and 
(2) of such section 1121(a) in such fiscal year. 
(3) DISTRESSED AREAS AND NATURAL DISAS-
TERS.—From the amount appropriated to carry out 
this title for each fiscal year pursuant to section 
311(a), the Secretary shall reserve 5 percent of such 
amount for grants to— 
(A) local educational agencies serving geo-
graphic areas with significant economic distress, 
to be used consistent with the purpose de-
scribed in section 101 and the allowable uses of 
funds described in section 103; and 
(B) local educational agencies serving geo-
graphic areas recovering from a natural dis-
aster, to be used consistent with the purpose 
described in section 201 and the allowable uses 
of funds described in section 203. 
(b) ALLOCATION TO STATES.— 
(1) STATE-BY-STATE
ALLOCATION.—Of the 
amount appropriated to carry out this title for each 
fiscal year pursuant to section 311(a), and not re-
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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, 
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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. 
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(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-
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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 
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(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. 
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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; 
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(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; 
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(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; 
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