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(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 
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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 
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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 
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(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— 
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(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; 
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(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 
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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)). 
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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-
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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. 
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(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 
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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 
(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; 
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