(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, and 
solar-thermal and geothermal systems, and for en-
ergy audits; 
(12) measures designed to reduce or eliminate 
human exposure to airborne particles such as dust, 
sand, and pollens; 
(13) creating greenhouses, gardens (including 
trees), and other facilities for environmental, sci-
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entific, or other educational purposes, or to produce 
energy savings; 
(14) modernizing, renovating, or repairing 
physical education facilities for students, including 
upgrading or installing recreational structures made 
from post-consumer recovered materials in accord-
ance with the comprehensive procurement guidelines 
prepared by the Administrator of the Environmental 
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). 
(b) ADMINISTRATIVE COSTS.—A local educational 
agency receiving a grant under this part may not use more 
than 1 percent of such grant funds for administrative 
costs. 
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SEC. 1024. PRIORITY PROJECTS. 
In selecting a project under section 113, 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. 
Subpart B—Grants for Maintenance Costs 
SEC. 1031. ALLOCATION TO STATES. 
(a) STATE-BY-STATE ALLOCATION.—Of the amount 
appropriated to carry out this subpart for each fiscal year 
pursuant to section 1052(a)(2), each State shall be allo-
cated an amount in proportion to the amount received by 
all local educational agencies in the State under part A 
of title I of the Elementary and Secondary 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 edu-
cational agencies in every State under such part for such 
fiscal year. 
(b) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
From the amount allocated to a State under subsection 
(a), each eligible local educational agency in the State 
shall receive an amount in proportion to the amount re-
ceived by such local educational agency under part A of 
title I of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal 
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year relative to the total amount received by all local edu-
cational agencies in the State under such part for such 
fiscal year. 
SEC. 1032. ALLOWABLE USES OF FUNDS. 
(a) REQUIRED USE OF FUNDS.—A local educational 
agency receiving a grant under this subpart shall use the 
grant for payment of maintenance costs, including routine 
repairs classified as current expenditures under State or 
local law. 
(b) ADMINISTRATIVE COSTS.—A local educational 
agency receiving a grant under this subpart may not use 
more than 1 percent of such grant funds for administra-
tive costs. 
Subpart C—General Provisions 
SEC. 1041. SUPPLEMENT, NOT SUPPLANT. 
A local educational agency receiving a grant under 
this part 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, maintenance, and construction of 
public school facilities. 
SEC. 1042. PROHIBITION REGARDING STATE AID. 
A State shall not take into consideration payments 
under this part in determining the eligibility of any local 
educational agency in that State for State aid, or the 
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amount of State aid, with respect to free public education 
of children. 
SEC. 1043. MAINTENANCE OF EFFORT. 
(a) IN GENERAL.—A local educational agency may 
receive a grant under this part 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) 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. 1044. SPECIAL RULES ON CONTRACTING. 
(a) 
LOCAL
EDUCATIONAL
AGENCY
REQUIRE-
MENTS.— 
(1) IN GENERAL.—Each local educational agen-
cy receiving a grant under this part shall ensure 
that, if the agency carries out modernization, ren-
ovation, 
repair, 
maintenance, 
or 
construction 
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through a contract, the process for any such con-
tract ensures the maximum number of qualified bid-
ders, including local, small, minority, and women- 
and veteran-owned businesses, through full and open 
competition. 
(2) REVIEW OF APPLICATIONS.—In reviewing 
awarding contracts under paragraph (1), a local 
educational agency shall give preference to busi-
nesses that demonstrate— 
(A) current and past compliance with Fed-
eral and State labor laws, including laws con-
cerning wage and hour, labor relations, family 
and medical leave, occupational safety and 
health, and living wage standards; and 
(B) terms and conditions of employment 
including payment of living wage; availability of 
sick, vacation and retirement benefits; and ex-
istence of grievance procedures and labor-man-
agement committees. 
(b) CERTIFICATION BY BUSINESSES.—Any business 
competing for a contract with a local educational agency 
receiving funds under this part shall certify to the local 
educational agency that the business has a record of com-
pliance and is currently in compliance with Federal, State, 
and local labor and workplace laws, including statutes con-
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cerning wage and hour, labor relations, family and medical 
leave, occupational safety and health, and living wage 
standards. 
SEC. 1045. USE OF AMERICAN IRON, STEEL, AND MANUFAC-
TURED GOODS. 
(a) IN GENERAL.—None of the funds appropriated 
or otherwise made available by this part may be used for 
a project for the modernization, renovation, repair, main-
tenance, 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. 
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(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. 1046. LABOR STANDARDS; COMPLIANCE WITH EXIST-
ING STATUTES. 
(a) IN GENERAL.—The grant programs under this 
subpart are applicable programs (as that term is defined 
in section 400 of the General Education Provisions Act 
(20 U.S.C. 1221)) subject to section 439 of such Act (20 
U.S.C. 1232b). 
(b) COMPLIANCE WITH EXISTING STATUTES.—Each 
local educational agency receiving a grant under this part 
shall comply with all applicable Federal, State, and local 
health, safety, labor, and civil rights laws. 
SEC. 1047. CHARTER SCHOOLS. 
A local educational agency receiving a grant under 
this part may reserve an amount of that grant for charter 
schools within its jurisdiction for modernization, renova-
tion, repair, and construction, or maintenance of charter 
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school facilities (including early learning facilities, as ap-
propriate). 
SEC. 1048. GREEN SCHOOLS. 
(a) IN GENERAL.—A local educational agency receiv-
ing a grant under this part shall, to the maximum extent 
practicable, use such funds for public school moderniza-
tion, renovation, repair, or construction or maintenance 
that are certified, verified, or consistent with any applica-
ble 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, that includes a verifiable 
method to demonstrate compliance with such pro-
gram. 
(b) 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.) 
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for public school modernization, renovation, repairs, or 
construction. 
(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 construc-
tion, including those related to student academic achieve-
ment, student and staff health, energy efficiency, and envi-
ronmental protection. 
SEC. 1049. REPORTING. 
(a) REPORTS BY LOCAL EDUCATIONAL AGENCIES.— 
Local educational agencies receiving a grant under this 
part shall annually compile a report describing the 
projects for which such funds were used, including— 
(1) the number and identity of public schools in 
the agency, including the number of charter schools, 
and for each school, the total number of students, 
and the number of students counted under section 
1113(a)(5) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6313(a)(5)); 
(2) the total amount of funds received by the 
local educational agency under this part, and for 
each public school in the agency, including each 
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under section 204 of the Public Lands Corps 
Act of 1993 (16 U.S.C. 1723); 
(B) to support qualified youth or conserva-
tion corps to perform conservation projects re-
ferred to in subsection (d) of such section; and 
(C) to support resource assistants selected 
under section 206 of such Act (16 U.S.C. 
1725). 
(c) RELATION TO OTHER FUNDS FOR PUBLIC LANDS 
CORPS.—Amounts appropriated by subsection (b) are in 
addition to amounts appropriated pursuant to the author-
ization of appropriations in section 211 of the Public 
Lands Corps Act of 1993 (16 U.S.C. 1730) and amounts 
allocated to the Public Lands Corps through other Federal 
programs or projects. 
(d) EXPEDITED OBLIGATION OF FUNDS.—Not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of Agriculture and the Secretary of the Inte-
rior shall commence obligation of the funds appropriated 
by subsection (b) for fiscal year 2012 by utilizing the pool 
of remaining applications for fiscal year 2011 assistance 
under the Public Lands Corps Act of 1993 (16 U.S.C. 
1721 et seq.). If the number of fiscal year 2011 applica-
tions is insufficient to use the entire amount of the addi-
tional funds appropriated for fiscal year 2012, the Secre-
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