ceived funds under such part for such fiscal year 
shall receive a grant of less than $5,000 in any fiscal 
year under this chapter. 
(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 120 days after an appropriation of 
funds for this chapter is made. 
(2) DISTRIBUTIONS BY STATES.—A State shall 
make and distribute the allocations described in sub-
section (b)(3) within 60 days of receiving such funds 
from the Secretary. 
SEC. 313. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this chapter shall use the grant for modernization, renova-
tion, or repair of public school facilities (including early 
learning facilities, as appropriate), including— 
(1) repair, replacement, or installation of roofs, 
including extensive, intensive or semi-intensive green 
roofs, electrical wiring, water supply and plumbing 
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systems, sewage systems, storm water runoff sys-
tems, lighting systems, building envelope, windows, 
ceilings, flooring, or doors, including security doors; 
(2) repair, replacement, or installation of heat-
ing, ventilation, or air conditioning systems, includ-
ing insulation, and conducting indoor air quality as-
sessments; 
(3) compliance with fire, health, seismic, and 
safety codes, including professional installation of 
fire and life safety alarms, and modernizations, ren-
ovations, and repairs that ensure that schools are 
prepared for emergencies, such as improving build-
ing infrastructure to accommodate security measures 
and installing or upgrading technology to ensure 
that schools are able to respond to emergencies such 
as acts of terrorism, campus violence, and natural 
disasters; 
(4) retrofitting necessary to increase the energy 
efficiency of public school facilities; 
(5) modifications necessary to make facilities 
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); 
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(6) abatement, removal, or interim controls of 
asbestos, polychlorinated biphenyls, mold, mildew, 
lead-based hazards, including lead-based paint haz-
ards, or a proven carcinogen; 
(7) measures designed to reduce or eliminate 
human exposure to classroom noise and environ-
mental noise pollution; 
(8) modernization, renovation, or repair nec-
essary to reduce the consumption of coal, electricity, 
land, natural gas, oil, or water; 
(9) installation or upgrading of educational 
technology infrastructure; 
(10) modernization, renovation, or repair of 
science and engineering laboratories, libraries, and 
career and technical education facilities, and im-
provements to building infrastructure to accommo-
date bicycle and pedestrian access; 
(11) installation or upgrading of renewable en-
ergy generation and heating systems, including 
solar, photovoltaic, wind, biomass (including wood 
pellet and woody biomass), waste-to-energy, solar- 
thermal and geothermal systems, and energy audits; 
(12) measures designed to reduce or eliminate 
human exposure to airborne particles such as dust, 
sand, and pollens; 
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(13) creating greenhouses, gardens (including 
trees), and other facilities for environmental, sci-
entific, or other educational purposes, or to produce 
energy savings; 
(14) 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)); 
(15) 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 stu-
dents and staff; 
(C) make them more energy efficient; or 
(D) reduce class size; and 
(16) required environmental remediation related 
to modernization, renovation, or repair described in 
paragraphs (1) through (15). 
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SEC. 314. PRIORITY PROJECTS. 
In selecting a project under section 313, a local edu-
cational agency may give priority to projects involving the 
abatement, removal, or interim controls of asbestos, poly-
chlorinated biphenyls, mold, mildew, lead-based hazards, 
including lead-based paint hazards, or a proven car-
cinogen. 
CHAPTER 
2—SUPPLEMENTAL 
GRANTS 
FOR 
LOUISIANA, 
MISSISSIPPI, 
AND 
ALABAMA 
SEC. 321. PURPOSE. 
Grants under this chapter shall be for the purpose 
of modernizing, renovating, repairing, or constructing 
public school facilities, including, where applicable, early 
learning facilities, based on the need for such improve-
ments or construction, to ensure safe, healthy, high-per-
forming, and technologically up-to-date public school fa-
cilities. 
SEC. 322. ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES. 
(a) IN GENERAL.—Of the amount appropriated to 
carry out this chapter for each fiscal year pursuant to sec-
tion 345(b), the Secretary shall allocate to local edu-
cational agencies in Louisiana, Mississippi, and Alabama 
an amount equal to the infrastructure damage inflicted on 
public school facilities in each such district by Hurricane 
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100 
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 120 days after an appropria-
tion of funds for this chapter is made. 
SEC. 323. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this chapter shall use the grant for one or more of the 
activities described in section 313, except that an agency 
receiving a grant under this chapter also may use the 
grant for the construction of new public school facilities. 
CHAPTER 3—GENERAL PROVISIONS 
SEC. 331. IMPERMISSIBLE USES OF FUNDS. 
No funds received under this subtitle may be used 
for— 
(1) payment of maintenance costs; 
(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 
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101 
(4) purchasing carbon offsets. 
SEC. 332. SUPPLEMENT, NOT SUPPLANT. 
A local educational agency receiving a grant under 
this subtitle shall use such Federal funds only to supple-
ment and not supplant the amount of funds that would, 
in the absence of such Federal funds, be available for mod-
ernization, renovation, repair, and construction of public 
school facilities. 
SEC. 333. PROHIBITION REGARDING STATE AID. 
A State shall not take into consideration payments 
under this subtitle 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 edu-
cation of children. 
SEC. 334. MAINTENANCE OF EFFORT. 
(a) IN GENERAL.—A local educational agency may 
receive a grant under this subtitle for any fiscal year only 
if either the combined fiscal effort per student or the ag-
gregate expenditures of the agency and the State involved 
with respect 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 ex-
penditures for the second preceding fiscal year. 
(b) REDUCTION IN CASE OF FAILURE TO MEET 
MAINTENANCE OF EFFORT REQUIREMENT.— 
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102 
(1) IN GENERAL.—The State educational agen-
cy shall reduce the amount of a local educational 
agency’s grant in any fiscal year in the exact propor-
tion by which a local educational agency fails to 
meet the requirement of subsection (a) by falling 
below 90 percent of both the combined fiscal effort 
per student and aggregate expenditures (using the 
measure most favorable to the local agency). 
(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. 335. SPECIAL RULE ON CONTRACTING. 
Each local educational agency receiving a grant under 
this subtitle shall ensure that, if the agency carries out 
modernization, renovation, repair, or construction through 
a contract, the process for any such contract ensures the 
maximum number of qualified bidders, including local, 
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103 
small, minority, and women- and veteran-owned busi-
nesses, through full and open competition. 
SEC. 336. USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS. 
(a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this subtitle may be used 
for a project for the modernization, renovation, repair, or 
construction of a public school facility unless all of the 
iron, steel, and manufactured goods used in the project 
are produced 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-
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104 
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. 337. LABOR STANDARDS. 
The grant programs under this subtitle 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. 338. CHARTER SCHOOLS. 
(a) IN GENERAL.—A local educational agency receiv-
ing an allocation under this subtitle shall reserve an 
amount of that allocation for charter schools within its ju-
risdiction for modernization, renovation, repair, and con-
struction 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 counted under section 1113(a)(5) 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6313(a)(5)) in the schools of the agency who— 
(1) are enrolled in charter schools; and 
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145 
(II) maintaining quality improve-
ments that promote healthy develop-
ment and school readiness. 
(v) Integrating State early learning 
and development standards into instruc-
tional and programmatic practices in early 
learning programs. 
(vi) Providing high-quality, sustained, 
intensive, and classroom-focused profes-
sional development that improves the 
knowledge and skills of early learning pro-
viders. 
(vii) Building the capacity of early 
learning programs and communities to pro-
mote understanding of the State’s early 
learning system and the rating of the pro-
gram in which their child is enrolled and 
encourage the active involvement and en-
gagement of parents and families in the 
learning and development of their children. 
(viii) Building the capacity of early 
learning programs and communities to fa-
cilitate screening, referral, and provision of 
services related to health, mental health, 
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