‘‘(d) RULES APPLICABLE TO SCHOOL REPAIR AND 
RENOVATION.—With respect to funds made available 
under this section that are used for school repair and ren-
ovation, the following rules shall apply: 
‘‘(1) PERMISSIBLE
USES
OF
FUNDS.—School 
repair and renovation shall be limited to 1 or more 
of the following: 
‘‘(A) EMERGENCY
REPAIRS
OR
RENOVA-
TIONS.—Emergency repairs or renovations to 
public school facilities only to ensure the health 
and safety of students and staff, including— 
‘‘(i) repairing, replacing, or installing 
roofs, windows, doors, electrical wiring, 
plumbing systems, or sewage systems; 
‘‘(ii) repairing, replacing, or installing 
heating, ventilation, or air conditioning 
systems (including insulation); and 
‘‘(iii) bringing public schools into com-
pliance with fire and safety codes. 
‘‘(B) MODIFICATIONS
FOR
COMPLIANCE 
WITH THE AMERICANS WITH DISABILITIES ACT 
OF
1990.—School facilities modifications nec-
essary to render public school facilities acces-
sible in order to comply with the Americans 
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with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.). 
‘‘(C) MODIFICATIONS
FOR
COMPLIANCE 
WITH
SECTION
504
OF
THE
REHABILITATION 
ACT
OF
1973.—School facilities modifications 
necessary to render public school facilities ac-
cessible in order to comply with section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794). 
‘‘(D) ASBESTOS
ABATEMENT
OR
RE-
MOVAL.—Asbestos abatement or removal from 
public school facilities. 
‘‘(E) CHARTER SCHOOL BUILDING INFRA-
STRUCTURE.—Renovation and repair needs re-
lated to the building infrastructure of a charter 
school. 
‘‘(2) IMPERMISSIBLE
USES
OF
FUNDS.—No 
funds received under this section may be used for— 
‘‘(A) payment of maintenance costs in con-
nection with any projects constructed in whole 
or part with Federal funds provided under this 
section; 
‘‘(B) the construction of new facilities; or 
‘‘(C) stadiums or other facilities primarily 
used for athletic contests or exhibitions or other 
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events for which admission is charged to the 
general public. 
‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Excluding 
the uses described in subparagraphs (B) and (C) of 
paragraph (1), a local educational agency shall use 
Federal funds subject to this subsection only to sup-
plement the amount of funds that would, in the ab-
sence of such Federal funds, be made available from 
non-Federal sources for school repair and renova-
tion. 
‘‘(e) QUALIFIED
BIDDERS; COMPETITION.—Each 
local educational agency that receives funds under this 
section shall ensure that, if the local educational agency 
carries out repair or renovation through a contract, any 
such contract process ensures the maximum number of 
qualified bidders, including small, minority, and women- 
owned businesses, through full and open competition. 
‘‘(f) PUBLIC
COMMENT.—Each local educational 
agency receiving funds under paragraph (2) of subsection 
(c)— 
‘‘(1) shall provide parents, educators, and all 
other interested members of the community the op-
portunity to consult on the use of funds received 
under such paragraph; 
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‘‘(2) shall provide the public with adequate and 
efficient notice of the opportunity described in para-
graph (1) in a widely read and distributed medium; 
and 
‘‘(3) shall provide the opportunity described in 
paragraph (1) in accordance with any applicable 
State and local law specifying how the comments 
may be received and how the comments may be re-
viewed by any member of the public. 
‘‘(g) REPORTING.— 
‘‘(1) LOCAL
REPORTING.—Each local edu-
cational agency receiving funds made available under 
subsection (b) shall submit a report to the State 
educational agency, at such time as the State edu-
cational agency may require, describing the use of 
such funds for school repair and renovation. 
‘‘(2) STATE
REPORTING.—Each State edu-
cational agency receiving funds made available under 
subsection (b) shall submit to the Secretary, not 
later than December 31, 2010, a report on the use 
of funds received under subsection (b) and made 
available to local educational agencies for school re-
pair and renovation. 
‘‘(h) REALLOCATION.—If a State educational agency 
does not apply for an allocation of funds under subsection 
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(b) for a fiscal year, or does not use its entire allocation 
for such fiscal year, then the Secretary may reallocate the 
amount of the State educational agency’s allocation (or 
the remainder thereof, as the case may be) for such fiscal 
year to the remaining State educational agencies in ac-
cordance with subsection (b). 
‘‘(i) GAO STUDY.— 
‘‘(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study relating to 
the— 
‘‘(A) costs of repair, renovation, and con-
struction for public elementary schools and sec-
ondary schools in the United States; and 
‘‘(B) expenditures of Federal, State, local, 
and private funds for such costs. 
‘‘(2) ESTIMATES
AND
MEASURES.—In con-
ducting the study, the Comptroller General shall— 
‘‘(A) estimate the costs needed to repair, 
renovate, and construct all schools described in 
paragraph (1)(A) to good overall condition; and 
‘‘(B) measure the expenditures described 
in paragraph (1)(B) for the period beginning 
with fiscal year 2001 and ending with the most 
recent fiscal year for which data are available. 
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‘‘(3) ANALYSIS.—In conducting the study, the 
Comptroller General shall examine trends in expend-
itures of Federal, State, local, and private funds 
since fiscal year 2001 for repair, renovation, and 
construction activities for public elementary schools 
and secondary schools, including examining— 
‘‘(A) the differences between the types of 
schools assisted, and the types of repair, ren-
ovation, and construction activities conducted, 
with those expenditures; 
‘‘(B) how the expenditures were allocated 
among improvements to land, buildings, and 
equipment; and 
‘‘(C) how Federal funds appropriated for 
fiscal year 2001 for such activities for schools 
described in this paragraph were distributed. 
‘‘(4) REPORT.—The Comptroller General shall 
prepare and submit to Congress a report containing 
the results of the study. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section, 
$1,600,000,000 for fiscal year 2008, and such sums as 
may be necessary for each of fiscal years 2009 through 
2012.’’. 
Æ 
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