IB 
Union Calendar No. 388 
110TH CONGRESS 
2D SESSION 
H. R. 3021 
[Report No. 110–623] 
To direct the Secretary of Education to make grants and low-interest loans 
to local educational agencies for the construction, modernization, or re-
pair of public kindergarten, elementary, and secondary educational facili-
ties, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2007 
Mr. CHANDLER (for himself, Mr. GEORGE MILLER of California, and Mr. KIL-
DEE) introduced the following bill; which was referred to the Committee 
on Education and Labor 
MAY 8, 2008 
Additional sponsors: Mr. YARMUTH, Ms. MOORE of Wisconsin, Mr. HARE, Ms. 
HOOLEY, Mr. LOEBSACK, Mr. ANDREWS, Mr. BISHOP of New York, Mr. 
COURTNEY, Mr. DAVIS of Illinois, Mr. GRIJALVA, Mr. HINOJOSA, Ms. 
HIRONO, Mr. KUCINICH, Ms. LINDA T. SA´NCHEZ of California, Mr. SAR-
BANES, Ms. SHEA-PORTER, Mr. HOLT, Mr. ALTMIRE, Mrs. MCCARTHY 
of New York, Ms. MCCOLLUM of Minnesota, Mr. MCDERMOTT, Mr. 
KLEIN of Florida, Mr. CARSON, Mr. PAYNE, Mr. STARK, Ms. WOOLSEY, 
Mrs. DAVIS of California, Mr. LEWIS of Georgia, Mr. CONYERS, Mr. 
ROSS, Mr. WELCH of Vermont, Mr. BRALEY of Iowa, Mr. CARNEY, Mr. 
ELLISON, Mr. JOHNSON of Georgia, Mr. PERLMUTTER, Mr. SIRES, Ms. 
SUTTON, Mr. JACKSON of Illinois, Mr. PALLONE, Mr. DEFAZIO, Mr. 
HINCHEY, Mr. KIND, Mrs. CAPPS, Ms. SOLIS, Mr. LINCOLN DAVIS of 
Tennessee, Mr. CRAMER, Mr. MATHESON, Mr. MELANCON, Mr. SALAZAR, 
Mrs. NAPOLITANO, Ms. HERSETH SANDLIN, Mr. SCHIFF, Mr. LIPINSKI, 
Mr. CUELLAR, Mr. BOSWELL, Mr. UDALL of Colorado, Mr. SMITH of 
Washington, Mr. WEXLER, Mr. BARROW, Mr. BERRY, Mr. MOORE of 
Kansas, Mr. GORDON of Tennessee, Mr. WU, Mr. TANNER, Mr. ISRAEL, 
Mr. SNYDER, Mr. HILL, Mr. BLUMENAUER, Ms. RICHARDSON, Mr. 
LARSON of Connecticut, Mr. SESTAK, Mr. SCOTT of Virginia, Ms. 
DELAURO, Mr. INSLEE, Mr. JEFFERSON, Mr. KENNEDY, Mr. MCGOV-
ERN, Mr. BACA, Ms. CLARKE, Mr. BOREN, Mrs. MALONEY of New York, 
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Mr. MCINTYRE, Mr. FARR, Mr. RYAN of Ohio, Mr. CARDOZA, Ms. MAT-
SUI, Ms. KILPATRICK, Mr. HALL of New York, Ms. BEAN, Mr. 
RODRIGUEZ, Mr. MOLLOHAN, Mr. PRICE
of North Carolina, Mr. 
CARNAHAN, Mr. RAHALL, Mr. EMANUEL, Mr. DELAHUNT, Mr. GENE 
GREEN of Texas, Ms. BORDALLO, Mr. TOWNS, Mrs. CHRISTENSEN, Mr. 
VAN HOLLEN, Mr. DAVIS of Alabama, Mr. HASTINGS of Florida, Mr. 
ETHERIDGE, Ms. CORRINE BROWN of Florida, Mr. TIERNEY, Mr. 
MITCHELL, Mr. NADLER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
MURPHY of Connecticut, Mr. MORAN of Virginia, Mr. SERRANO, Mr. 
HONDA, Mr. MARKEY, Mr. FILNER, Mrs. JONES of Ohio, Mr. RUSH, Mr. 
OLVER, Mr. DOYLE, Mr. DINGELL, Mr. THOMPSON of Mississippi, Ms. 
SCHAKOWSKY, Mr. ABERCROMBIE, Mr. POMEROY, Mr. THOMPSON of 
California, Mr. ENGEL, Ms. LORETTA SANCHEZ of California, Ms. LEE, 
Mr. MCNERNEY, Mr. CUMMINGS, Mr. WALZ of Minnesota, Mr. SCOTT of 
Georgia, Ms. TSONGAS, Mr. FORTUN˜O, Mr. WYNN, Ms. WASSERMAN 
SCHULTZ, Mr. LANGEVIN, Mr. BOYD of Florida, and Mr. WILSON of 
Ohio 
MAY 8, 2008 
Reported with amendments, 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 July 12, 2007] 
A BILL 
To direct the Secretary of Education to make grants and 
low-interest loans to local educational agencies for the 
construction, modernization, or repair of public kinder-
garten, elementary, and secondary educational 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’’. 
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(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 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 States. 
Sec. 203. Allowable uses of funds. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Impermissible uses of funds. 
Sec. 302. Supplement, not supplant. 
Sec. 303. Maintenance of effort. 
Sec. 304. Special rule on contracting. 
Sec. 305. Application of GEPA. 
Sec. 306. Green Schools. 
Sec. 307. Reporting. 
Sec. 308. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act: 
(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. 
(3) 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, 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. 
(4) 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. 
(5) The term ‘‘State’’ means each of the 50 
States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
(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 ‘‘Energy Star’’ means the Energy 
Star program of the United States Department of En-
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ergy and the United States Environmental Protection 
Agency. 
(8) The term ‘‘CHPS Criteria’’ means the green 
building rating program developed by the Collabo-
rative for High Performance Schools. 
TITLE 
I—GRANTS 
FOR 
MOD-
ERNIZATION, 
RENOVATION, 
OR REPAIR OF SCHOOL FA-
CILITIES 
SEC. 101. PURPOSE. 
Grants under this title shall be for the purpose of mod-
ernizing, renovating, or repairing public kindergarten, ele-
mentary, and secondary educational facilities that are safe, 
healthy, high-performing, and up-to-date technologically. 
SEC. 102. ALLOCATION OF FUNDS. 
(a) RESERVATION.—From the amount appropriated to 
carry out this title for each fiscal year pursuant to section 
308(a), the Secretary shall reserve 1 percent of such 
amount, consistent with the purpose described in section 
101— 
(1) to provide assistance to the outlying areas; 
and 
(2) for payments to the Secretary of the Interior 
to provide assistance to Bureau-funded schools. 
(b) ALLOCATION TO STATES.— 
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(1) 
STATE-BY-STATE
ALLOCATION.—Of 
the 
amount appropriated to carry out this title for each 
fiscal year pursuant to section 308(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 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, including— 
(A) providing technical assistance to local 
educational agencies; 
(B) developing within 6 months of receiving 
its allocation under paragraph (1) a plan to de-
velop a database that includes an inventory of 
public school facilities in the State and the mod-
ernization, renovation, and repair needs of, en-
ergy use by, and the carbon footprint of such 
schools; and 
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(C) developing a school energy efficiency 
quality plan. 
(3) GRANTS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.—From the amount allocated to a State under 
paragraph (1), each local educational agency in the 
State that meets the requirements of section 1112(a) 
of the Elementary and Secondary Education Act of 
1965 shall receive an amount in proportion to the 
amount received by such local educational agency 
under part A of title I of that Act 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 edu-
cational agency that received funds under part A of 
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. 
(4) SPECIAL RULE.—Section 1122(c)(3) of the 
Elementary and Secondary Education Act of 1965 
shall not apply to paragraphs (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 
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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. 
SEC. 103. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this title may use the grant for modernization, renovation, 
or repair of public school facilities, including— 
(1) repairing, replacing, or installing roofs, elec-
trical wiring, plumbing systems, sewage systems, 
lighting systems, or components of such systems, win-
dows, or 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 and safety codes, including modernizations, ren-
ovations, and repairs that ensure that schools are pre-
pared for emergencies; 
(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), except that such modifications 
shall not be the primary use of the grant; 
(5) asbestos abatement or removal from public 
school facilities; 
(6) implementation of measures designed to re-
duce or eliminate human exposure to lead-based paint 
hazards though methods including interim controls, 
abatement, or a combination of each; 
(7) upgrading or installing educational tech-
nology infrastructure to ensure that students have ac-
cess to up-to-date educational technology; 
(8) 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; or 
(C) make them more energy efficient; and 
(9) required environmental remediation related 
to school modernization, renovation, or repair de-
scribed in paragraphs (1) though (8). 
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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 kin-
dergarten, elementary, and secondary educational facilities 
that are safe, healthy, high-performing, and up-to-date tech-
nologically in order to address such needs caused by damage 
resulting from Hurricane Katrina or Hurricane Rita. 
SEC. 202. ALLOCATION TO STATES. 
(a) STATE-BY-STATE ALLOCATION.—Of the amount 
appropriated to carry out this title for each fiscal year pur-
suant to section 308(b), the Secretary shall allocate to Lou-
isiana, Mississippi, and Alabama an amount equal to the 
number of schools in each of those States that were closed 
for 60 days or more during the period beginning on August 
29, 2005, and ending on December 31, 2005, due to Hurri-
cane Katrina or Hurricane Rita, relative to the number 
of schools in all of those States combined that were so closed. 
(b) STATE ADMINISTRATION.—A State that receives 
funds under this title may reserve one-half of one percent 
of such funds for administrative purposes related to this 
title. 
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(c) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
States receiving funds under subsection (a) shall allocate 
such funds to local educational agencies within the State 
according to the criteria described in subsection (a). 
(d) SPECIAL RULES.— 
(1) DISTRIBUTIONS
BY
SECRETARY.—The Sec-
retary shall make and distribute the allocations de-
scribed in subsection (a) 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 (c) within 30 days of receiving such funds 
from the Secretary. 
SEC. 203. ALLOWABLE USES OF FUNDS. 
A local educational agency receiving a grant under 
this title may use the grant for any of the activities de-
scribed in section 103, except that an agency receiving a 
grant under this title also may use such grant for such ac-
tivities for the construction of new public kindergarten, ele-
mentary, and secondary 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; or 
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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. 
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, and repair of public kindergarten, elemen-
tary, and secondary educational facilities. 
SEC. 303. MAINTENANCE OF EFFORT. 
A local educational agency may receive a grant under 
this Act for any fiscal year only if either the combined fiscal 
effort per student or the aggregate expenditures of the agen-
cy 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 expenditures for the second preceding fis-
cal year. 
SEC. 304. 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, or repair through a contract, the 
process for any such contract ensures the maximum number 
of qualified bidders, including local, small, minority, and 
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women- and veteran-owned businesses, through full and 
open competition. 
SEC. 305. APPLICATION OF GEPA. 
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. 306. GREEN SCHOOLS. 
(a) IN GENERAL.—In a given fiscal year, a local edu-
cational agency shall use not less than the applicable per-
centage of funds received under this Act described in sub-
section (b) for public school modernization, renovation, or 
repairs that are— 
(1) LEED Green Building Rating System-cer-
tified or consistent with any applicable provisions of 
the LEED Green Building Rating System; 
(2) Energy Star-certified or consistent with any 
applicable provisions of Energy Star; or 
(3) certified, designed, or verified under or meet 
any applicable provisions of an equivalent program 
to the LEED Green Building Rating System or En-
ergy Star adopted by the State or another jurisdiction 
with authority over the local educational agency, such 
as the CHPS Criteria. 
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(b) APPLICABLE PERCENTAGES.—The applicable per-
centages described in subsection (a) are— 
(1) in fiscal year 2009, 50 percent; 
(2) in fiscal year 2010, 60 percent; 
(3) in fiscal year 2011, 70 percent; 
(4) in fiscal year 2012, 80 percent; and 
(5) in fiscal year 2013, 90 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 school 
districts concerning the best practices in school moderniza-
tion, renovation, and repair, including those related to stu-
dent academic achievement and student and staff health, 
energy efficiency, and environmental protection. 
SEC. 307. 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; 
(2) the number of schools in the agency with a 
metro-centric locale code of 41, 42, or 43 as deter-
mined by the National Center for Education Statis-
tics and the percentage of funds received by the agen-
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cy under title I or title II of this Act that were used 
for projects at such schools; 
(3) the number of schools in the agency that are 
eligible for schoolwide programs under section 1114 of 
the Elementary and Secondary Education Act of 
1965 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; and 
(4) for each project— 
(A) the cost; 
(B) the standard described in section 306(a) 
with which the use of the funds complied or if 
the use of funds did not comply with a standard 
described in section 306(a), the reason such 
funds were not able to be used in compliance 
with such standards and the agency’s efforts to 
use such funds in an environmentally sound 
manner; and 
(C) 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.). 
(b) AVAILABILITY OF REPORTS.—A local educational 
agency shall— 
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(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. 
(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 a report on grants made 
under this Act, including the information described in sub-
section (b)(1), the types of modernization, renovation, and 
repair funded, and the number of students impacted, in-
cluding the number of students counted under section 
1113(a)(5) of the Elementary and Secondary Education Act 
of 1965. 
SEC. 308. AUTHORIZATION OF APPROPRIATIONS. 
(a) TITLE I.—To carry out title I, there are authorized 
to be appropriated $6,400,000,000 for fiscal year 2009 and 
such sums as may be necessary for each of fiscal years 2010 
through 2013. 
(b) TITLE II.—To carry out title II, there are author-
ized to be appropriated $100,000,000 for each of fiscal years 
2009 through 2013. 
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Amend the title so as to read: ‘‘A bill to direct the 
Secretary of Education to make grants to State edu-
cational agencies for the modernization, renovation, or re-
pair of public kindergarten, elementary, and secondary 
educational facilities, and for other purposes.’’. 
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