IB 
Union Calendar No. 46 
111TH CONGRESS 
1ST SESSION H. R. 2187 
[Report No. 111–100] 
To direct the Secretary of Education to make grants to State educational 
agencies for the modernization, renovation, or repair of public school 
facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2009 
Mr. CHANDLER (for himself, Mr. GEORGE MILLER of California, Mr. KILDEE, 
Mr. LOEBSACK, Mr. TIERNEY, Mr. COURTNEY, Mr. HARE, Mr. HOLT, 
Mr. ANDREWS, Mr. GRIJALVA, Mr. PIERLUISI, Ms. WOOLSEY, Mr. WU, 
Mr. TONKO, Mr. POLIS of Colorado, Ms. HIRONO, and Mr. SABLAN) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and Labor 
MAY 11, 2009 
Additional sponsors: Ms. SHEA-PORTER, Mrs. DAVIS of California, Mr. 
CARNAHAN, Mr. DINGELL, Mr. VAN HOLLEN, Mr. SESTAK, Mr. AL 
GREEN of Texas, Ms. JACKSON-LEE of Texas, and Mr. CUELLAR 
MAY 11, 2009 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 30, 2009] 
A BILL 
To direct the Secretary of Education to make grants to 
State educational agencies for the modernization, renova-
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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, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘21st 
Century Green High-Performing Public School Facilities 
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. 
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. 
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(A) has the meaning given to that term in 
section 9101 of the Elementary and Secondary 
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 Islands, 
Guam, American Samoa, and the Common-
wealth 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 mod-
ernizing, renovating, or repairing public school facilities, 
based on their need for such improvements, to be safe, 
healthy, high-performing, and up-to-date technologically. 
SEC. 102. ALLOCATION OF FUNDS. 
(a) RESERVATION.— 
(1) IN
GENERAL.—From the amount appro-
priated to carry out this title for each fiscal year pur-
suant to section 311(a), the Secretary shall reserve 1 
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 In-
terior 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-
graphs (A) and (B) of such paragraph in the same 
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proportion as the amount reserved under section 
1121(a) of the Elementary and Secondary Education 
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. 
(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-
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-
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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 guidelines 
concerning the following: 
(i) Site location, storm water manage-
ment, outdoor surfaces, outdoor lighting, 
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 qual-
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ity, indoor air quality, acoustics, and ther-
mal comfort. 
(vi) Operations and management, such 
as use of energy efficient equipment, indoor 
environmental management plan, mainte-
nance plan, and pest management. 
(3) GRANTS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.— 
(A) IN GENERAL.—From the amount allo-
cated to a State under paragraph (1), each eligi-
ble local educational agency in the State shall re-
ceive an amount in proportion to the amount re-
ceived 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 educational 
agencies in the State under such part for such 
fiscal year, except that no local educational 
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 
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‘‘eligible local educational agency’’ means a local 
educational agency that— 
(i) meets the requirements of section 
1112(a) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et 
seq.); 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— 
(1) repairing, replacing, or installing roofs, in-
cluding extensive, intensive or semi-intensive green 
roofs, electrical wiring, plumbing systems, sewage sys-
tems, storm water runoff systems, lighting systems, or 
components of such systems, windows, ceilings, floor-
ing, 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, includ-
ing modernizations, renovations, and repairs that en-
sure that schools are prepared for emergencies, such as 
improving building infrastructure to accommodate se-
curity measures; 
(4) modifications necessary to make public school 
facilities accessible to comply with the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12101 et 
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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 ac-
cess to up-to-date educational technology; 
(9) modernization, renovation, or repair of 
science and engineering laboratory facilities, libraries, 
and career and technical education facilities, includ-
ing those related to energy efficiency and renewable 
energy, and improvements to building infrastructure 
to accommodate bicycle and pedestrian access; 
(10) renewable energy generation and heating 
systems, including solar, photovoltaic, wind, geo-
thermal, or biomass, including wood pellet, woody 
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biomass, waste-to-energy, and solar-thermal systems 
or components of such systems, and energy audits; 
(11) other modernization, renovation, or repair 
of public school facilities to— 
(A) improve teachers’ ability to teach and 
students’ ability to learn; 
(B) ensure the health and safety of students 
and staff; 
(C) make them more energy efficient; or 
(D) reduce class size; and 
(12) required environmental remediation related 
to public school modernization, renovation, or repair 
described in paragraphs (1) through (11). 
TITLE 
II—SUPPLEMENTAL 
GRANTS FOR LOUISIANA, MIS-
SISSIPPI, AND ALABAMA 
SEC. 201. PURPOSE. 
Grants under this title shall be for the purpose of mod-
ernizing, renovating, repairing, or constructing public 
school facilities, including, where applicable, early learning 
facilities, based on their need for such improvements, to be 
safe, healthy, high-performing, and up-to-date techno-
logically. 
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SEC. 202. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. 
(a) IN GENERAL.—Of the amount appropriated to 
carry out this title for each fiscal year pursuant to section 
311(b), the Secretary shall allocate to local educational 
agencies in Louisiana, Mississippi, and Alabama an 
amount equal to the infrastructure damage inflicted on 
public school facilities in each such district by Hurricane 
Katrina or Hurricane Rita in 2005 relative to the total 
of such infrastructure damage so inflicted in all such dis-
tricts, combined. 
(b) DISTRIBUTION
BY SECRETARY.—The Secretary 
shall determine and distribute the allocations described in 
subsection (a) not later than 60 days after an appropria-
tion of funds for this title is made. 
SEC. 203. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this title shall use the grant for one or more of the activities 
described in section 103, except that an agency receiving 
a grant under this title also may use the grant for the con-
struction of new public school facilities. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. IMPERMISSIBLE USES OF FUNDS. 
No funds received under this Act may be used for— 
(1) payment of maintenance costs; 
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(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. 302. SUPPLEMENT, NOT SUPPLANT. 
A local educational agency receiving a grant under 
this Act 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-
tion, renovation, repair, and construction of public school 
facilities. 
SEC. 303. PROHIBITION REGARDING STATE AID. 
A State shall not take into consideration payments 
under this Act 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. 304. MAINTENANCE OF EFFORT. 
(a) IN GENERAL.—A local educational agency may re-
ceive a grant under this Act for any fiscal year only if ei-
ther the combined fiscal effort per student or the aggregate 
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expenditures of the agency and the State involved with re-
spect to the provision of free public education by the agency 
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 
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. 
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SEC. 305. 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 max-
imum number of qualified bidders, including local, small, 
minority, and women- and veteran-owned businesses, 
through full and open competition. 
SEC. 306. 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, 
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 
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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 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. 
SEC. 307. LABOR STANDARDS. 
The grant programs under this Act are applicable pro-
grams (as that term is defined in section 400 of the General 
Education Provisions Act (20 U.S.C. 1221)) subject to sec-
tion 439 of such Act (20 U.S.C. 1232b). 
SEC. 308. CHARTER SCHOOLS. 
A local educational agency receiving an allocation 
under this Act shall distribute an amount of that allocation 
to charter schools within its jurisdiction. The total amount 
to be distributed under the preceding sentence shall be deter-
mined based on the percentage of students eligible under 
part A of title I of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311 et seq.) in the schools 
of the agency who are enrolled in charter schools. Of such 
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total, individual charter schools shall receive a share based 
on the needs of the schools, as determined by the agency 
in consultation with the charter school community. Funds 
shall be used only for allowable activities in accordance 
with this Act. 
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, re-
pairs, 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 per-
centage described in subsection (a) is— 
(1) in fiscal year 2010, 50 percent; 
(2) in fiscal year 2011, 60 percent; 
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(3) in fiscal year 2012, 70 percent; 
(4) in fiscal year 2013, 80 percent; 
(5) in fiscal year 2014, 90 percent; and 
(6) in fiscal year 2015, 100 percent. 
(c) 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-
cluding those related to student academic achievement, stu-
dent and staff health, energy efficiency, and environmental 
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— 
(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-in-
come 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 
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(C) if flooring was installed, whether— 
(i) it was low- or no-VOC (Volatile Or-
ganic Compounds) flooring; 
(ii) it was made from sustainable ma-
terials; 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 savings, 
improved indoor environmental quality, 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 
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. 
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(c) REPORTS BY SECRETARY.—Not later than Decem-
ber 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 Act, including the information described 
in subsection (b)(1), the types of modernization, renovation, 
repair, and construction funded, and the number of stu-
dents impacted, 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)). 
SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 
(a) TITLE I.—To carry out title I, there are authorized 
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. 
SEC. 312. SPECIAL RULES. 
Notwithstanding any other provision of this Act, none 
of the funds authorized by this Act may be— 
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(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. 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-
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. 
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Union Calendar No. 46 
111TH CONGRESS 
1ST SESSION 
H. R. 2187 
[Report No. 111–100] 
A BILL 
To direct the Secretary of Education to make 
grants to State educational agencies for the mod-
ernization, renovation, or repair of public school 
facilities, and for other purposes. 
MAY 11, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Nov 24 2008 
22:33 May 11, 2009
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H2187
mstockstill on PROD1PC66 with BILLS